FONZIE
Terms and Conditions
Last Updated: May 23, 2023
Fonzie LLC (“We,” “Our,” “Us” or “Fonzie”) wants to be your AI wingman to help you, as Our visitors and users (“User(s),” “You” or “Your”), start, enhance or improve your conversations, communications or connections or building relationships with others by combining proprietary analytics, strategies, functionality and tools (collectively, “Technology”) with information, articles, opinions, reports, analyses and other materials publicly available and present them to You based on inquiries or information You submit through Our technology provided through Our “Website” currently located at www.Fonzie.ai (collectively, “Content”).
1. User Terms (the entire Agreement)
These “Terms and Conditions” and Our “Privacy Policy” as well as any other notices (if We choose to post any on the Website) (together, the “User Terms”) set forth the terms and conditions that govern Your, access to and use of Our Content, Technology, Website and all related services that We may choose, in Our sole discretion, to provide You access with, and which includes without limitation any communication tools, such as email, blogs, and social media platforms, related features and functionalities and user interfaces, as well as all other related or linked content, technology and software (collectively, “Services” unless otherwise specifically expressed).
For clarification, all references to Services includes Our Content, Technology and Website, and all other items detailed above.
We encourage You to read, on a regular basis, Our Privacy Policy to understand Our data collection and use practices, as well as these Terms and Conditions to understand the provision of Our Content and Services.
IT IS YOUR RESPONSIBILITY TO BE AWARE OF ALL PARTS OF THE USER TERMS. YOU SHOULD THEREFORE REVIEW ALL THE USER TERMS PRIOR TO EACH ACCESS TO OUR SERVICES SO THAT YOU UNDERSTAND THE-THEN CURRENT USER TERMS.
EACH TIME YOU ACCESS OR USE OUR SERVICES, YOU AGREE TO BE BOUND BY THE USER TERMS AND REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THEM.
IF YOU DO NOT AGREE WITH ALL OF THE USER TERMS, PLEASE EXIT FROM OUR WEBSITE AND OUR SERVICES, DISCONTINUE ALL USE OF THE SERVICES AND DO NOT BECOME A USER. IN SUCH CASES, WE DO NOT CONSENT TO PROVIDE YOU WITH ACCESS TO THE SERVICES.
2. Changes to the Terms and Conditions.
a. We reserve the right to change these Terms and Conditions (including any other parts of the User Terms), at any time, in any way, in Our sole discretion, including changing subscription fees and related terms. Any such changes will be effective immediately after We post such changes in the Terms and Conditions or other part of the User Terms. The revised User Terms will apply to the access or use of Our Services from the date of publication of the revised User Terms, and You hereby waive any right You may otherwise have to be notified of, or to consent to, such revisions.
b. If You do not agree to the revised User Terms, You must immediately stop accessing or using Our Services. It is Your responsibility to be aware of the User Terms. You should therefore review the User Terms prior to each access or use of the Services so that You understand the current User Terms.
c. If You have the User Terms cached on Your browser, You understand that the User Terms that apply to You are the most recent version appearing in a non-cached browser.
3. Changes to the Services.
a. We reserve the right to change the Services, at any time, in any way, in Our sole discretion, including eliminating, discontinuing or replacing any of the Services or ceasing to provide access to any of the Services.
b. Any such changes will be effective immediately after We make such changes in the applicable part of the Services. We may, in Our sole discretion, choose to notify all Users of any such changes through a separate communication.
c. We will not be liable to You for any update to or any modification, suspension, or discontinuation of the Services. Any future change or addition to the Services will be subject to the User Terms.
4. Minimum Age of Users.
As a User of Our Services, You must be at least 18 years old or the age of majority established under the applicable U.S. state law (“Minimum Age”). If You are not of Minimum Age, then You are not permitted to use this Service.
5. Users of Our Services.
a. To be eligible to use Our Services, You must meet the following criteria, and You represent and warrant that You:
● Are a resident in the United States;
● Have met the requirements pertaining to the Minimum Age;
● Will use the phone of a device that You specifically own, and only provide accurate and true information to Us and within the Services at all times;
● Are not currently restricted from the Services, or not otherwise prohibited from having an account with Us under the laws of the United States or any other applicable jurisdiction;
● Have full power and authority to enter into this agreement, known as the User Terms, and doing so will not violate any other agreement to which You are a party;
● Will not violate Fonzie’s or any third party’s rights, including without limitation intellectual property and all other proprietary rights;
● Are not a competitor of Fonzie;
● Will not use the Services for purposes of being in direct or indirect competition with Us;
● Will only use Our Service for Your own personal use;
● Will not share Your account with any other third parties;
● Will pay for all fees and related charges to use the Services, as described in the User Terms; and
● Will provide at Your own cost all equipment, software, mobile access, and Internet access necessary to use the Services.
b. We may offer now or in the future various subscription plans, including special promotional plans offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Some promotional plans may have differing conditions and limitations, which will be disclosed at Your sign-up or in other communications made available to You by Us or such third parties.
c. You can find specific details regarding Your subscription to Our Services by signing in through Our Website and clicking on the "Log In" button.
6. Registration, Subscription and Payment for the Services.
a. We provide different subscription plans Our Services based on how long You wish to use the Services (“Subscription(s)”). Whether You are using the Services with Subscription that provides You with a free trial or requires You to pay for the fees, You are deemed a User and subject to Our User Terms.
b. To access and use Our Services, You must sign up to become a User by supplying Us with Your phone number. You will also be choosing a unique password so you can log in to Your account, but your password will be encrypted and not visible or accessible to Us.
c. Other than a free trial of the Services, You will need to pay the applicable fees for the Subscription You have chosen. All such payments will be processed by certain third-party payment processors (“Payment Processors”), so You must supply additional information about Yourself to such Payment Processors. We, however, will not receive or have access to such additional information.
d. If We believe, in Our sole discretion, that Your first or last names, or email address is/are offensive, impersonate(s) someone else, may be protected by proprietary rights laws, or is/are otherwise objectionable or inappropriate, We may, in Our sole discretion:
● refuse to grant You the password or email address that You provided;
● immediately suspend or terminate Your account; and/or
● prevent Your current or future use of all or any portion of the Services.
e. We may edit Your account details, at any time, in Our sole discretion, without notice or explanation.
7. User Obligations.
a. By accessing or using any or all of the Services (including without limitation submitting to Us or through the Service any information, communications, questions, links, images or materials, in any form or media (collectively “Your Content”)), You acknowledge and agree to:
● be responsible for maintaining the security and confidentiality of Your phone number, username, password and email address;
● not permit others to use Your account;
● be responsible for keeping Your profile and registration information true, accurate, current, complete, non-misleading and updated;
● maintain control over Your account and be responsible for all activities that occur under Your account, including all statements made and acts or omissions that occur on Your user account, and such responsibility and liability continues until You close down Your account or prove (to Our reasonable satisfaction, concluded in Our sole discretion) that Your account security was compromised due to no fault of Your own;
● not sell, trade, or transfer Your account to another party;
● not provide, submit, transmit or display any information (including Your Content) which may be deemed as defamatory, malicious, unlawful, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of Us, other Users, or any other third party; or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit and written approval;
● not harass, bully, stalk, intimidate, assault, defame, harm or otherwise mistreat any other Users or persons;
● not disclose any private, confidential or proprietary information that You do not have the right to disclose;
● not encourage, promote, or agree to engage in any activity that violates these User Terms;
● not submit Your Content to Us or through the Service that:
o is likely to be deemed offensive or to harass, upset, embarrass, alarm or annoy any other person;
o is obscene, pornographic, violent or otherwise may offend human dignity, or contains nudity;
o is abusive, insulting or threatening, discriminatory or that promotes or encourages racism, sexism, hatred or bigotry;
o encourages or facilitates any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offense; or
o includes the image or likeness of another person without that person’s consent (or in the case of a minor, the minor’s parent or guardian), or is an image or likeness of a minor unaccompanied by the minor’s parent or guardian;
● not use any illegal action to collect login data and/or passwords for other websites, third parties, software or services;
● not publish and/or make any use of the Services, including any Content displayed on any website, media, network or system other than those provided by Fonzie or its third-party service providers, and/or frame, “deep link,” “page scrape,” mirror and/or create a browser or border environment around any of the Services, except as expressly permitted by Fonzie in advance and in writing;
● not use any “robot,” “spider,” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Services, or in any way reproduce or circumvent the navigational structure or presentation of any of the Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the Services;
● no disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the Services, the accounts of other Users, or any other systems or networks connected to the Services by hacking, password mining, or other illegitimate or prohibited means;
● not upload, transmit, distribute or otherwise execute to or on the Services any virus, worm, Trojan Horse, spyware, malware, time bomb, web bug or any other malicious code, file or program;
● sell, license or exploit for any direct or indirect commercial purposes any use of or access to the Services;
● remove or alter any copyright, intellectual property or any other proprietary notices, watermarks, restrictions and signs indicated Our or Our licensors’ proprietary rights contained in or accompanying the Services, Website or Content;
● not charge anyone for access to Your account, Our Services or any Content;
● log out of Your account at the end of each session;
● not use any other person’s account for any purpose whatsoever;
● not use Your account or user name and password for or in connection with the impersonation of any person;
● maintain control over all of Your devices that are used to access the Services, which means being solely responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Services, and all charges related thereto;
● immediately notify Us at [email protected] and the appropriate contacts of the Payment Processor used to process Your payment(s) if You become aware of any possible unauthorized use of Your account or any possible breach of security, including loss, theft, or unauthorized disclosure of Your username, password or email address;
● be responsible for making timely payments for all fees for Services and any other related charges for Your use of the Services; and
● comply with all applicable laws and the User Terms in connection with Your access to or use of Our Services.
b. You acknowledge and agree that Your failure to comply with any of the above requirements or any misrepresentation made by You may result in the immediate termination of Your account or any access to or use of the Services – with or without any further notice to You and without any refund of any amounts paid on Your account.
c. You are responsible for all activity through the Services that arise out of any failure to keep Your phone number, email address, username and password confidential and accurate (if applicable), and You may be held liable for any losses arising out of such a failure.
d. You represent and warrant that all information and communications You submit to Us is accurate, and that you will update your account information as necessary to ensure its accuracy.
e. You understand and agree that We may monitor or review Your Content, and We have the right to remove, delete, edit, limit, or block or prevent access to any of Your Content at any time in Our sole discretion. Furthermore, You understand and agree that We have no obligation to display or review Your Content.
f. We reserve the right to investigate any individual User account when there is suspicion (as We determine in Our sole discretion) of any breach of Your obligations in this Section 7 or any other part of the User Terms, if applicable.
8. Renewals, Cancellations and Terminations.
a. Subscriptions Fees. We charge a “Subscription Fee” for the Service that is billed on a weekly, monthly, semi-annual and annual basis, all as specified on Our Website. Subscription Fees are fully earned upon payment, deemed to be in U.S. dollars, and are exclusive of all applicable taxes.
b. Subscription Terms and Renewals. Your Subscription will continue for the period referenced during Your registration (“Subscription Term”). In order for Our Users to avoid a lapse in Our Services, We also set up an automatic renewal of Your Subscription. This means that the Subscription You chose when you first signed up for the Service will automatically renew at the end of the applicable Subscription Term unless You cancel as specified below. You must follow the cancellation process below at least 24 hours before the renewal date in order to avoid being activated and charged for the renewal of Your Subscription.
If You do not follow the cancellation process below, the then-applicable Subscription Fee for Your renewal of the Subscription will be billed automatically by the Payment Processor.
THERE ARE NO REFUNDS.
c. Cancellations. You may cancel Your Subscription at any time by logging into Your account. If You have any issues doing this, please contact Us at [email protected].
You will continue to have access to the Services through the end of the billing period for the Subscription Term of Your then-existing Subscription.
You may cancel Your Subscription any time, but We do not provide refunds or credits for any partial Subscription Term or any un-used Content or Services.
Except as described in this Section 8(c), You may NOT cancel a Subscription by any other means or in any other way.
ANY CANCELLATION IS VALID ONLY IF YOU RECEIVE WRITTEN CONFIRMATION OF THE CANCELLATION FROM US.
d. Changes to Subscription Fees or Termination by Us. We reserve the right, in Our sole discretion, without notice or explanation, to change or add new fees and any other charges for the Services. We also reserve the right, in Our sole discretion, to restrict, suspend, or terminate Your account as a User at any time, without a refund and for any reason, including Your violation of applicable laws or the User Terms in any way. Except as otherwise expressly provided for in the User Terms, any changes to Your fees or plan or other charges, as a User, will take effect following notice to You or a global notice to all of Our Users, whichever We determined in Our sole discretion to be appropriate.
e. No Refunds or Credits. Payments for any Services are nonrefundable and there are no full or partial refunds or credits for partially used or un-used Services. Following any valid cancellation, however, You will continue to have access to the applicable Services through the end of Your current Subscription Term. If We decide, in Our sole discretion, to offer Our Users a money-back guarantee, We will include such offer during the registration process. We are, however, not obligated to provide any credits or discounts for holds placed on any account by either a representative of Ours or by the automated processes of the Services, including any of those by a Payment Processor. At any time, and for any reason, We may, in Our sold discretion, provide a refund, discount, or other consideration to some or all of Our Users ("Credits"). The amount and form of such Credits, and the decision to provide them, are at Our sole discretion. The provision of Credits in one instance does not entitle You or any other User to credits in the future for similar instances, nor does it obligate Us to provide credits in the future, under any circumstance.
9. Payments and Our Payment Processors.
a. Since Our Payment Processors handle Your payment for Your use of the Services, the applicable Payment Processor may require You to store credit or debit card or other sensitive personal or financial information. We make no representation with respect to the Payment Processor and its ability to safeguard Your credit or debit card and any other related information.
Please review and understand the Payment Processor’s terms of use and privacy policy prior to using its payment processing services.
b. You are fully responsible for, and agree to pay, all fees for the applicable Services, including any payment processing fees and any other charges incurred in connection with such Services and/or purchase of the Services at the rates in effect when the fees or other charges are incurred.
c. For a Fonzie Subscription, Your Subscription Term begins on the date of Your initial Subscription, which occurs when You first register for Your first Fonzie Subscription. Your Subscription Term will then continue for the term of the Subscription You selected. These Subscription Terms will be detailed during Your registration and selection process.
d. YOUR SUBSCRIPTION TERM WILL AUTOMATICALLY RENEW FOR SUCCESSIVE SUBSCRIPTION TERMS, WITHOUT PRIOR NOTICE TO YOU, UNLESS AND UNTIL YOU CANCEL YOUR SUBSCRIPTION OR WE TERMINATE IT. SEE THE ABOVE SECTION FOR CANCELLATION OF SUBSCRIPTION REQUIREMENTS.
e. For each Subscription Term renewal, the Payment Processor will automatically bill Your credit or debit card on a recurring basis (based on the Subscription Term You chose at registration) on the calendar day corresponding to the first day that Your Subscription Term began. If Your Subscription begins on a day not contained in a given month, the Payment Processor will subsequently bill Your credit or debit card on the last day of the applicable month at the end of the Subscription Term You chose. This means, for example, if You began a monthly Subscription on August 31st, Your credit or debit card would next be billed on September 30th.
f. All fees, taxes and charges are nonrefundable. There will be no refunds or credits for partially used periods, unless required by applicable law. You authorize Our Payment Processor to bill Your credit or debit card account, regardless of whether other information associated with Your Subscription has changed, including the expiration date of the physical card with which You previously paid. If Our Payment Processor must collect unpaid amounts You owe Us, You will be liable for all of Our and Our Payment Processor’s attorneys’ fees, court costs, collection agency fees and all other reasonable expenses related to such collections efforts.
g. If a charge to Your credit or debit card is denied for any reason, Fonzie has the right to terminate or suspend Your Subscription and Your access to the Services. If Your credit or debit card expires, Your continued use of the Services constitutes Your authorization for Our Payment Processor to continue billing You, and You will be responsible for any uncollected amounts.
10. Our Content is Solely for Informational Purposes - No Guarantees.
a. Your access to or use of Our Services, Content or Website does not warrant, promise or guarantee, in any way whatsoever, any results or conclusions of future performance in any way.
b. All Content is provided for solely for informational purposes.
c. FONZIE MAKES NO REPRESENTATIONS, GUARANTEES OR WARRANTIES WHATSOEVER AS TO ANY USER’S ABILITY TO UNDERTAKE ANY OF THE FOLLOWING AS A RESULT OF THE USE OF THE SERVICES: (I) START, ENHANCE OR IMPROVE SUCH USER’S CONVERSATIONS, COMMUNICATIONS OR CONNECTIONS WITH OTHERS; (II) START, ENHANCE OR IMPROVE SUCH USER’S RELATIONSHIPS WITH OTHERS; OR (III) DO ANYTHING ELSE RELATED IN ANY WAY TO THE CONTENT, WEBSITE OR SERVICES.
d. You are solely responsible for Your use of the Services, including how You choose to Use any Content that We provide You.
e. Fonzie is not responsible for any damages, known or unknown, direct or indirect, consequential to otherwise associated with Your access to or use of Our Services, Content or Website.
11. Fonzie Property.
a. Fonzie owns all rights, title and interest in and to the Services, Website, Content, Technology, “Feedback” (as defined below) and all Fonzie trademarks, including all intellectual property and all other proprietary rights related to all such property described in this Section 11(a) (collectively, “Fonzie Property”). Your access to or use of the Services, Website or Content, or purchase of any Services, does not in any way convey to You any right or interest in the Fonzie Property, in whole or in part, except as specifically expressed in the form of a limited license, as described below.
b. We reserve the right, in Our sole discretion, to edit or delete, in any way, any Content appearing, available or accessible through the Services or Website.
c. In addition, if You provide Us with suggestions or other feedback regarding Our Services, Website or Content or complete any of Our surveys (if any) (collectively “Feedback”), all such Feedback are exclusively owned (including all related intellectual property and any other proprietary rights) by Fonzie and deemed to be part of the Fonzie Property.
● This means We are free to use any of Your Feedback, which may be in the form of comments, information, ideas, concepts, reviews, or techniques or any other material contained in any such communication You may send to us, including responses to questionnaires, surveys or postings on Our Website or through Our Services (if any).
● Further, We are free to use such Feedback in perpetuity without any (or further, if applicable) compensation, acknowledgement or payment to You for any purpose whatsoever including developing, manufacturing and marketing products and creating, modifying or improving Our Services, Website, Technology or Content. In addition, You agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law.
d. Third Party Content and Tools. We or third-party sources or service providers may make available through the Services information or links to other websites or resources about products or services, including advertising (if any) of such products or services and online tools or features (collectively, “Third Party Content and Tools”).
i. By accessing such Third Party Content and Tools, You acknowledge that You have reviewed all applicable third party terms of use and privacy policies, and agree to be bound by them.
ii. You understand that any such Third Party Content and Tools may become unavailable if any existing agreement between Us and the applicable third party is terminated.
iii. Your use of all Third Party Content and Tools is solely at Your own risk, including links to other websites or resources.
iv. You understand that Fonzie has not reviewed or approved, or is in any way responsible for, any Third Party Content and Tools that appear through the Services, or on such other websites or resources. You understand that Fonzie is not responsible for the availability, accuracy, quality, content, nature or reliability of such external sites or resources, does not control, approve or endorse, and is not responsible or liable for, any content, advertising, products or other materials on or available from such sites or resources, or for any loss or damages caused by Your use of or reliance on the same.
v. Providers and sources of Third Party Content and Tools may, as Our intended third-party beneficiaries of Our User Terms, enforce their rights against You, even though such third parties are not parties to Our User Terms.
12. Your Limited License of Our Fonzie Property. Subject to these User Terms and only during the time period in which You are a User by having paid for the applicable Services, We grant to You a non-exclusive, non-transferable, revocable, limited license to make personal use of the Services (including any Content), and such use is only permitted using Your individual, personal account which You created upon registration.
13. Customer Support and Communications.
a. Customer Support. To find more information about Our Services and its features, or if You need assistance with Our Services or Your account, contact us directly at [email protected]. In the event of any conflict between these Terms of Use and information provided by Our customer service representatives or other portions of the Services, these User Terms will control.
b. Communications. Fonzie’s authorized employees, contractors, agents or representatives may monitor and record all or portions of Your telephone calls, emails, text messages, chats and other communications with Fonzie for quality control, customer service, employee training, security, legal, compliance, and other lawful purposes. You hereby consent to all such recordings. Such consent by You is ongoing and need not be confirmed prior to, or during, such monitoring or recording, except to the extent applicable law expressly requires otherwise. In addition, Fonzie may archive Your communications with Fonzie for regulatory, other business operations purposes and in accordance with any of Our internal policies and procedures.
14. Restrictions on Your Use of the Services and Content. The following restrictions pertain to how You use the Services (and all such references below include Website) and Our Content.
You will not do any of the following.
a. Use the Services or the Content for any purpose other than Your own personal use. Such use is a violation of Our copyright and other intellectual property or proprietary rights or those of third party sources or providers of Third Party Content and Tools, and can subject You to legal liability.
b. Republish, transmit, distribute, export, or re-distribute any aspect of the Services or the Content to online bulletin boards, message boards, newsgroups, chat rooms, social media platforms or in other any manner.
c. Assign, transfer, or resell Your use of or access to the Services or the Content to any third party or restrict or inhibit any other user from using the Services or the Content (as permitted in accordance with applicable laws, Our Disclaimers and Notices, and Our Privacy Policy), including by means of "hacking" or defacing any portion of the Services or Content.
d. Use the Services or the Content, directly or indirectly, for any unlawful, fraudulent, harmful or unauthorized purpose.
e. Modify, adapt, make derivative works of, rent, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Services including the Content.
f. You may not download, print, copy or republish any Content without Our prior written consent, which must be obtained in each such instance.
g. "Frame" or "mirror" any of the Content or Our Website available through the Services.
h. Centrally manage or store any Content in a centralized or interdepartmental database management system.
i. Use any robot, spider, scraper, site search or retrieval application, or other manual, systematic or automated device, activity or process, or insert any other code or product, to access or otherwise interact with the Services, or to download, retrieve, harvest, index, "data mine" (including data gathering or extracting), or in any way reproduce, manipulate or circumvent the navigational structure or presentation of the Content available through the Services.
j. Use the Services in any way or take any action that causes, or may cause, damage to any part of the Services or impairment of the performance, availability or accessibility of the Services.
k. Use the Services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
l. Upload, post, email or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Services, including any software viruses or any other computer code, files or programs.
m. Recirculate, redistribute, modify or publish the Content, in whole or in part.
n. Harvest or collect information about any Users of the Services for any purposes, including contacting such Users or any other third-party individuals or companies.
o. Use, transfer, distribute or dispose of any of the Content or any other aspect of the Services in any way whatsoever that is competitive with or similar to the business of Fonzie.
p. Access the Services or Content for the direct or indirect purpose of creating a similar or competitive website, mobile application, product or service.
15. Intellectual Property.
a. All of Our Fonzie Property, Third Party Content and Tools, and any other information, text, photographs, video, audio, graphics and all other elements accessible on or through the Services or Content (individually and collectively referred to as “Intellectual Property”) are owned and/or controlled by: (i) Fonzie, its third-party service providers, or providers or sources of Third Party Content and Tools; and (ii) protected by copyright and trademark laws, international treaties, and other applicable intellectual property or proprietary rights and laws of the U.S. and other countries.
i. Our Intellectual Property is also protected as collective works or compilations under U.S. copyright laws and other applicable laws and treaties.
ii. Our Intellectual Property has been developed, compiled, prepared, revised, selected and arranged by Fonzie, its third-party service providers and/or providers and sources of Third Party Content and Tools through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money, and constitute valuable intellectual property and trade secrets of Fonzie, its third-party service providers and/or such other providers and sources.
iii. The posting of any of Our Intellectual Property through Our Content, Website or Services does not constitute a waiver of any right in such Intellectual Property.
iv. Fonzie™ and certain other trademarks, service marks, and logos used in the Services and Content and on Our Website are trademarks, service marks, and logos of Fonzie. All other trademarks, service marks, and logos used in all such areas described herein are the trademarks, service marks, and logos of their respective owners.
b. You do not acquire any ownership or license rights by using or having access to any of the Intellectual Property, other than the limited right to use the Services, Website and Content in accordance with the User Terms.
i. You will not copy, distribute, redistribute, display, sell, imitate, make derivative works of, use, publish or otherwise reproduce any Intellectual Property;
ii. You will abide by all copyright, patent, and trademark notices and restrictions contained in all areas of the Services and Content and on Our Website; and
iii. You will notify Fonzie at [email protected] promptly upon becoming aware of any unauthorized access to or use of the Services, Website, Content or other Intellectual Property by any party or of any claim that the Services, Website, Content or other Intellectual Property infringes upon any intellectual property, or other contractual, statutory or common law rights.
16. Your Breach of the User Terms.
a. Without prejudice to any of Our other rights under the User Terms, if You breach any of the User Terms in any way, or if We reasonably suspect You have breached such User Terms in any way, We may, without any notice to You, undertake any of the following unless specifically prohibited by the User Terms:
● send You one or more formal warnings;
● temporarily suspend Your access to Your account and the Services;
● permanently prohibit You from accessing Your account and the Services;
● block computers using Your IP address from accessing Your account and the Services;
● contact any or all Your Internet service providers and request that they block Your access to Your account and the Services;
● commence legal action against You, whether for breach of contract or otherwise;
● suspend or delete Your account on the Services, without refund and/or
● report Your misuse to other Users who may be harmed by Your actions.
b. When We suspend or prohibit or block Your access to Your account and/or the Services, as any type of User, You must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
17. Copyright and Other Intellectual Property Infringement Claims.
a. We have a policy of terminating the accounts of repeat infringers or otherwise taking reasonable steps to prevent such users from continuing to post materials or information that either infringe another party’s intellectual property rights or otherwise violates these User Terms. Accordingly, we reserve the right, in Our sole discretion, to terminate or disable accounts for materially or repeatedly infringing Our intellectual property rights or those of any third parties.
b. You agree that if Your account is terminated or Your access to the Services is blocked under this Section 17, You will not attempt to establish a new account or otherwise post content under any name, real or assumed or otherwise access the Services, and if You violate this Section 17 with such an attempt or post, You will indemnify and hold Us harmless for any and all liability that We may incur arising out of such violation.
c. The Digital Millennium Copyright Act of 1998 ("DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. The procedure under the DMCA for a takedown notice can be accessed through the DMCA website at www.dmca.com
d. If You believe in good faith that materials displayed in Our Content, Website or within any other part of the Services infringe Your copyright or any other intellectual property rights, You (or Your agent) may send Us a statement containing the information below to [email protected].
• Identification of the intellectual property works which are the subject of the claimed infringement.
• Identification of the claimed infringing activity, including the location, in Our Content, Website or within any other part of the Services, of the infringing content.
• A statement with Your signature (or of the person making the claim), which states You are the owner, or are authorized to act on behalf of the owner, of the infringed intellectual property, along with current contact information, which should include a mailing address, telephone number, and email address.
• A statement by You of having a good faith belief that the subject use is not authorized by You as intellectual property owner.
• A statement as follows: “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the intellectual property that is allegedly infringed.”
i. If a statement does not include all required elements set forth in this Section 17, it will not be treated as actual notice under the DMCA or other applicable U.S. intellectual property law.
ii. If We receive a claim that substantially complies with the requirements above, We will, subject to subsection (d)(v) below, respond expeditiously to remove, or disable access to, the alleged infringing material from Our Content, Website or within any other part of the Services, and notify the complainant that the material has been removed.
iii. We are not liable in any way for removing allegedly infringing material pursuant to this Section 17, and subsequently discovering that such material was actually not infringing.
iv. You will be liable for damages (including costs and attorneys' fees) if You materially misrepresent that any material from Our Content, Website or within any other part of the Services is infringing the copyright or other intellectual property rights of yours or the person You are acting on behalf of.
v. You agree that any statement You submit under this Section 17 will not impose any responsibility or liability upon Fonzie, and that We may consider such statement and act upon it, refrain from taking any such action or require additional information or documents before doing so, all in Our sole discretion.
18. Disclaimers of Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, TECHNOLOGY, WEBSITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED.
FONZIE HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES AND WILL HAVE NO LIABILITY RELATING TO THE ADEQUACY, ACCURACY, TIMELINESS, OR COMPLETENESS OF ANY CONTENT, TECHNOLOGY OR SERVICES AVAILABLE THROUGH THE WEBSITE, TECHNOLOGY OR SERVICES.
FONZIE HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES THAT THE SERVICES, TECHNOLOGY, WEBSITE AND/OR CONTENT WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL REMAIN CONFIDENTIAL, OR WILL BE ACCURATE, RELIABLE, ADEQUATE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, SAFE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT DAMAGES FROM HACKERS, VIRUSES, BUGS, CORRUPTION OF DATA OR OTHER TYPES OF CONTAMINATION WILL BE CORRECTED OR PREVENTS, AND WILL HAVE NO LIABILITY RELATING TO ANY OF THE FOREGOING.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OUR SERVICES, TECHNOLOGY, CONTENT OR WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THE USER TERMS.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN OUR SERVICES, CONTENT OR WEBSITE IS DISCLAIMED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS; THEREFORE, SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
19. Limitation of Liability.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES, TECHNOLOGY, CONTENT OR WEBSITE IS TO STOP USING THEM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING FROM OR RELATED TO THESE USER TERMS, UNLESS (AND NOTWITHSTANDING ANYTHING TO THE CONTRARY) SUCH AGREEMENT SPECIFICALLY AND EXPRESSLY PROVIDES OTHERWISE FOR A PARTICULAR DAMAGE, LOSS OR CAUSE OF ACTION), FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION INCLUDING NEGLIGENCE, WILL AT ALL TIMES BE LIMITED TO THE AMOUNTS YOU HAVE PAID TO US FOR YOUR MEMBERSHIP AND/OR USE OF OUR SERVICES, TECHNOLOGY, WEBSITE AND/OR CONTENT IN THE CURRENT CALENDAR YEAR OF YOUR SUBSCRIPTION TERM OR ONE HUNDRED DOLLARS ($100) (WHICHEVER GREATER), PROVIDED YOU DO NOT HAVE ANY THEN-EXISTING PAYMENT OBLIGATIONS TO BEAGLE.
THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS OR ANY OTHER THIRD-PARTY SERVICE PROVIDERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL FONZIE OR ITS PARTNERS, AFFILIATES OR SUBSIDIARIES, OR ANY SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AGENTS, REPRESENTATIVES OR LICENSORS OF FONZIE OR OF ITS PARTNERS, AFFILIATES OR SUBSIDIARIES BE JOINTLY OR SEVERALLY LIABLE TO YOU FOR ANY PERSONAL INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, RELIANCE, OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES (INCLUDING THE WEBSITE, TECHNOLOGY AND CONTENT), WHETHER SUCH DAMAGE IS FORESEEABLE OR NOT, AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
ACCESS TO AND USE OF OUR CONTENT, WEBISTE, TECHNOLOGY OR SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR CERTAIN DAMAGES; THEREFOR, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH IN THESE TERMS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND FONZIE.
20. Force Majeure.
Under no circumstances will Fonzie (including any of its third-party service providers, including AWS) be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, third-party acts or omissions, or causes beyond its reasonable control, including Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, pandemics, epidemics or nonperformance of third parties.
21. Release and Waivers
a. Release. You hereby release and forever discharge Us (and Our officers, employees, independent contractors, agents, representatives, affiliates, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, Our Services, including any interactions with, or act or omission of, other users or any third party sources and providers.
b. Residents of California. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS, HER OR THEIR FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM, HER OR THEM, WOULD HAVE MATERIALLY AFFECTED HIS, HER OR THEIR SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
REGARDLESS OF THE STATE IN WHICH YOU RESIDE, YOU HEREBY WAIVE ANY SIMILAR PROVISION IN ANY OTHER LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS CALIFORNIA CIVIL CODE SECTION 1542, INCLUDING ANY AMENDED VERSION OF THIS CALIFORNIA CODE SECTION 1542.
c. Jurisdictions Prohibiting Fonzie’s Limitation of Liability. Notwithstanding any provision of these User Terms, if Your jurisdiction has laws or regulations specific to waiver or liability that conflict with this Sections 19, 20 or 21 then Our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (i) death or personal injury caused by Our negligence or that of any of Our officers, employees, independent contractors or agents; (ii) fraudulent misrepresentation; or (iii) any liability which it is not lawful to exclude either now or in the future.
22. Indemnification
a. You will, and hereby do, indemnify, defend, and hold harmless Fonzie and Our current and former managers, officers, directors, employees, independent contractors, agents, representatives and affiliates from and against any and all liabilities, claims, (including third-party claims), damages, losses, costs (including reasonable attorneys' fees), arising directly or indirectly from: (i) Your violation of the User Terms; (ii) Your access to or use of the Services, Website or Content; (iii) Your violation of the rights of any third party; or (iv) Your actual or alleged infringement of any third party proprietary or intellectual property right arising out of the duplication, sale, distribution, or use of the Services, Website, Content or Third Party Content and Tools, or of Your Content You submit through the Services.
b. We reserve the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us, and You agree to cooperate with Our defense of these claims. We will invoice You for all expenses of Our defense, and You will pay such invoices in full immediately on presentation. You agree not to settle any matter without Our prior written consent.
23. Notice Requirement and Informal Dispute Resolution. Before filing a claim against Fonzie, You agree to make all good faith efforts to resolve the dispute, in accordance with Section 26, and informally by sending Us a written notice of dispute (“Dispute Notice”) describing the nature and basis of Your claim or dispute (including copies of valid supporting documentation, if applicable), Your phone number, email and formal mailing address, and a reasonable request for relief. After We receive the Dispute Notice, We will try to resolve the dispute informally by contacting You through email or telephone. If a dispute is not resolved within ninety (90) days after Our receipt of Your Dispute Notice, then You or We may bring a formal proceeding as permitted below. If applicable, the amount of any settlement offer made by any party may not be disclosed to the arbitrator (as further described below) until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
24. Formal Dispute Resolution. The following shall govern all claims by You against Fonzie relating to or in connection with the User Terms and Services (including the Website and Content), and any transaction between You and Fonzie.
a. Governing Law. The User Terms and the resolution of all disputes hereunder shall be governed, construed, and enforced in accordance with the laws of the United States and the State of California, without giving effect to conflicts of law principles.
b. Arbitration. Certain claims must be resolved through arbitration, as set forth in the section below pertaining to arbitration (“Arbitration Section”).
c. Jurisdiction and Venue. Any litigation not required to be resolved through arbitration will be brought in the state or federal courts located in the city of Mountain View, California and when applicable, county of Santa Clara, California, and You hereby consent and submit to such jurisdiction and venue, and waive any jurisdictional, venues and inconvenient forum objections to such courts. You hereby agree that such courts shall have exclusive jurisdiction over any claim brought by You.
d. Waiver of Jury Trial. In the event any litigation should arise between You and Fonzie in any state or federal court to resolve a claim or dispute or to vacate or enforce an arbitration award or otherwise, YOU AND Fonzie WAIVE ALL RIGHTS TO A JURY TRIAL. Instead, You and Fonzie elect that the dispute be resolved by a judge.
e. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES MUST BE ARBITRATED OR LITIGATED (WHICHEVER APPLICABLE) ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.
f. Small Claims Court. Notwithstanding the foregoing, either You or Fonzie may bring an individual action in small claims court.
g. No Injunctive Relief. In no event shall You seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services or Website or provision of any Content, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services, Website or Content or any content or other material used or displayed through the Services or Website.
h. Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of any Fonzie Property, Fonzie confidential information, or Fonzie’s patent, copyright, trademark or trade secrets (or any other intellectual property rights) shall not be subject to these arbitration terms.
25. Arbitration. Please read this Arbitration Section carefully. It is part of Your agreement with Fonzie under these User Terms and affects Your rights.
a. Applicability of Arbitration. All claims and disputes (except for those specified in Section 24, entitled “Formal Dispute Resolution”) in connection with the User Terms (or the Common Agreements or Advisory Agreements) or the use of any product or service provided by Fonzie that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under this Section 25. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Section applies to You and Fonzie, and to any subsidiaries, affiliates, agents, employees, independent contractors, representatives, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the User Terms.
b. Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall mutually agree, in good faith, to select an alternative ADR Provider. Notwithstanding anything to the contrary, the parties agree to that the ADR Provider will be FINRA if required by FINRA. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the User Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”) (governing the arbitration) and the arbitration notice and forms are available online at www.adr.org. The arbitration shall be conducted by a single, neutral arbitrator, or if permissible two or three arbitrators, each of whom was or is an attorney and has professional experience in investment advisory services, management of 401(k)’s and IRAs, robo advisory services, professional management of financial portfolios, rollover and re-investment of 401(k)’s and related products and services in the financial, Fintech and employment benefits industries.
i. Any claims or disputes where the total amount of award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. Such party must select such option in writing.
ii. For claims or disputes where the total amount of award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules.
iii. Any hearing will be held in a location within fifteen (15) miles of Our principal place of business, unless the parties agree otherwise in writing.
iv. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
v. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider, unless the arbitrator determines Your claim is frivolous, then You shall pay Our attorney’s fees and all fees and costs of the ADR Provider.
c. Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party, in writing, initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties in writing.
d. Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of You and Fonzie. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the User Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon You and Fonzie, except (i) for judicial review expressly permitted by law, or (ii) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law.
e. Emergency Equitable Relief. Notwithstanding the foregoing, either You or Fonzie may seek emergency equitable relief before any state or federal court in order to maintain the status quo pending the specific arbitration proceeding commenced without waiving any rights under this Section 25.
f. Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This subsection shall not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Section, to enforce an arbitration award, or to seek injunctive or equitable relief.
26. Time Limits. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to Your use of the Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
27. Miscellaneous.
a. The Services, Website and Content are directed solely to individuals residing and businesses based and operating in the United States. We make no representation that Our Services are lawful, appropriate or available for use in any jurisdiction outside of the United States. Those who choose to access the Services from such other jurisdictions do so on their own initiative and at their own risk, and are responsible for compliance with all applicable laws in such other jurisdictions.
b. We will send You information relating to Your account (e.g. changes in password, confirmation messages, notices) in electronic form only. For example, We would send You an email to Your email address provided during registration. You agree that any notices, agreements, disclosures or other communications that We send to You electronically will satisfy any legal communication requirements, including that such communications be in writing.
c. If any provision of the User Terms is held to be invalid or unenforceable for any reason, the other provisions of the User Terms will be unimpaired (remaining in full force and effect), and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
d. The User Terms are for the benefit of You and Us; therefore, all such terms and agreements are not intended to benefit or be enforceable by any third party.
e. The User Terms, and Your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by You, and any attempted assignment, subcontract, delegation, or other transfer in violation of the foregoing will be null and void. We may freely assign the User Terms. The User Terms shall inure to the benefit of and be binding upon Our successors and permitted assignees.
f. The Section titles in the User Terms are for convenience only and have no legal or contractual effect. The word “including” used throughout the User Terms means “including without limitation.”
g. The User Terms constitute the entire and exclusive agreement between You and Fonzie regarding Your access to and use of the Website, Services and/or Content, and supersede and replace any and all prior oral or written understandings or agreements between You and Us. Our failure to exercise or enforce any right or provision of the User Terms will not operate as a waiver of such right or provision. Except as expressly set forth in the User Terms, the exercise by You or Us of any remedy under the User Terms will be without prejudice to the exercise of any other remedy available to You or Us under the User Terms or otherwise.
28. Contact Us. Please contact us at [email protected] if You have any questions about these Terms and Conditions or any of the other User Terms.