Terms and Conditions of Service Agreement
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION AND WAIVER OF JURY TRIAL. PLEASE READ IT CAREFULLY BEFORE AGREEING.
FindingFive Corporation (hereinafter "FindingFive", "we, or "us") provides the website https://www.findingfive.com (the "Site"), our application (the "Application"), our software, data, content, information, tools, functionality, updates, and similar materials delivered or provided by us (collectively, the "Service"), subject to your agreement to and compliance with the conditions set forth in this Terms and Conditions Agreement (the "Agreement").
This Agreement sets forth the legally binding terms and conditions governing the use of FindingFive and all its services provided to all users (including participants AND researchers; hereinafter "you"). By using the Service or otherwise entering into this Agreement, you are creating a binding contract with us and agree to be bound by these Terms and Conditions of Service. In addition, you agree that you are responsible for compliance with any applicable local laws and regulations. If you do not agree with any of these terms, you may not, under any circumstances or for any reason, use the Service.
This Agreement is subject to change. If this Agreement changes, we will let you know by posting the revised Agreement on the Service and/or otherwise making you aware of the changes. Your continued use of the Service following our notice of changes to this Agreement (or other method of legal acceptance) means you accept such changes. Please refer to the "Effective Date" above to see when this Agreement was last updated.
As long as you are in compliance with the conditions of this Agreement and all incorporated documents, we hereby grant you a limited, revocable, non-assignable, non-transferrable, non-sublicensable, non-exclusive license to access, receive, and use the Service. No rights not explicitly listed are granted.
Incorporated TermsThe following additional terms are incorporated into this Agreement as if fully set forth herein:
- HIPAA Notice of Privacy Practices
- Copyright Policy
- Complaint Policy (including Trademark and Privacy)
While we make reasonable efforts to ensure that the Service remains available at all times, we do not represent or warrant that access to the Service will be error-free or uninterrupted, or without defect, and we do not guarantee that you will be able to access or use the Service, or its features, at all times.
The Service, and any Content (defined below) posted therein, are for information purposes only.
We reserve the right at any time and from time to time to change, modify, or discontinue, temporarily or permanently, the Service, or any part thereof, with or without notice. Such changes, modifications, additions, or deletions shall be effective immediately upon their implementation. Your use of the Site and/or Service after we post such changes, modifications, additions or deletions (or other method of legal acceptance) constitutes your acceptance of such changes, modifications, additions or deletions.
The Service may contain typographical errors or inaccuracies, and may not be complete or current. We reserve the right to correct any such errors, inaccuracies or omissions and to change or update information at any time without prior notice.
The materials appearing on or through the Service including but not limited to data, summaries, descriptions, publications and any other such materials, are for information purposes only, and are not intended to and DO NOT constitute financial, legal, medical, investment, or business advice. Those accessing the materials appearing on the Service should not act upon them without first seeking financial, legal or other counsel, as these materials are general in nature, and may not apply to particular factual or legal circumstances. The materials should not be used as a substitute for consultation with a professional adviser.
Among other functionality, the Service is designed to provide a platform that may permit users to act as Researchers or Participants in relation to scientific studies (each, a "Study"). When a party, whether a corporate entity or an individual, is using the Service to create a Study, advertise a Study, or solicit individuals to participate in a Study, they are acting as a "Researcher". When a party is using the Service to volunteer to participate in a Study, they are acting as a "Participant".
Each post by a Researcher soliciting Participants for a Study shall specify certain terms, which may include the compensation to the Participant(s) for participation in such Study ("Study Reward"), description, timeline, requirements, any health related information necessary to permit the Participant to make a fully informed decision about whether he or she would like to participate in the Study, and any other information the Researcher feels is appropriate or that a Participant may want to know.
Prior to using the Service, you must register for an account with FindingFive ("Account"). To pay for the fees incurred by using the Service, Researchers will need to add to their accounts one or more payment methods ("Payment Method"), including without limitation: their bank account, credit card number, credit card verification or other security code, the expiration date of their credit card, and/or their address. All information about Payment Method(s) must be accurate and complete. Verification of information may be required prior to the completion or acknowledgment of setting up any Payment Method. To receive Study Rewards, Participants will need to link their financial accounts, including without limitation: their bank account, PayPal, Venmo, and/or other accounts capable of receiving monetary transfers, to their FindingFive account. All information about Payment Method(s) must be accurate and complete. The Participant agrees and acknowledges that FindingFive may, in its sole discretion and without liability to a Participant, stop a Study Rewards transfer if the receiving account is deemed suspicious or fraudulent.
By using the Service, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement, and that you commit to abide by all the terms and conditions herein. If you are using the Service on behalf of an entity, such as a college, a university, a research group/institution, or a company, you represent and warrant that you have the authority to bind this entity to these Terms and Conditions of Service and you agree to be bound by these Terms of Service on behalf of this entity.
- Participant Eligibility
- Researcher Eligibility
- Termination & Cancellation
You must be at least eighteen (18) years old to have a Participant Account. By creating an Account, you represent that you meet this minimum age requirement. The Service is not targeted towards, nor intended for use by, anyone without the ability to understand the study consent forms posted by researchers and give full consent. If you are incapable of giving full consent on your own, due to being under the age of 18 or any other reason, you may not use the Service. FindingFive will not be liable for any loss or damage as a result of participating in a research study without the ability to give full consent on your own.
Some parts of the Service may not be available to the general public, and we may impose additional eligibility rules from time to time on those portions of the Service. We reserve the right to amend or eliminate these eligibility requirements at any time.
You must be at least eighteen (18) years old to have a Researcher Account. By creating an Account, you represent that you meet this minimum age requirement. Functions related to conducting research on FindingFive are not targeted towards, nor intended for use by, anyone not affiliated with a fully accredited research institution or an organization with its own Institutional Review Board (IRB) or equivalent research subject protection entity. Individual researchers, at the time being, are NOT permitted to create Researcher Accounts in the Service, unless they can obtain IRB approval (or equivalent) for their studies through their affiliated institutions or organizations.
We may, in our sole discretion, remove Researcher privileges from any account upon determination of ineligibility. We may change our eligibility criteria at any time. You are solely responsible for any consequences, of any nature, as a result of falsely representing your Researcher eligibility.
Involuntary Termination. We reserve the right to deny all or some portion of the Service to any user, in our sole discretion, at any time. We may, in our sole discretion, terminate accounts of any user if we determine that there has been a violation of user eligibility requirements or that a user has participated in fraudulent or illegal activity on the platform).
In the case that a Researcher’s account is terminated, FindingFive reserves the right to use any remaining account balance and charge additional fees, if necessary, to pay off debts incurred by the Researcher’s improper use of FindingFive (such as fees associated with fraudulent transactions).
Voluntary Cancellation Participants who want to close their FindingFive accounts should first make sure that all payments have been processed and successfully credited to their linked financial accounts. Participants shall then log in to the Service and follow the instructions therein or submit an account closure request to [email protected]. Please note that, by submitting an account closure request, Participants forfeit any right to unclaimed payments associated with that account. Upon account closure, a Participant's profile and accompanying personal information are removed completely from our system. However, de-identified data provided during the course of a study will remain accessible to researchers for research purposes.
Researchers who want to close their FindingFive accounts should first make sure that all payments to Participants have been processed and all funds withdrawn and then submit an account closure request to [email protected].
- Rules of Conduct
Your use of the Service is conditioned on your compliance with the terms of this Agreement, including but not limited to these rules of conduct.
You represent and warrant:
- that the information that you have, or the entity that you represents has, provided on the Service is complete, accurate and true, and agree to update it as necessary;
- you are, or the entity you represent is, licensed and qualified to post, upload, communicate with us about, and make decisions based upon, the materials or information that you make available, or that is otherwise available on, the Service, as required by applicable law, regulation and best industry standards;
- you have exactly one (1) account on the Service; and
- you are, or the entity you represent is, not a competitor of ours.
You agree that you will not violate any applicable law or regulation in connection with your use of the Service or any Content (as defined below) contained therein.
You are solely responsible for any and all of the actions you take, or decisions that you make, relating to or arising from your use of the Service.
You agree not to distribute, upload, make available or otherwise publish through the Service any suggestions, information, ideas, comments, causes, promotions, documents, questions, notes, plans, drawings, proposals, or materials similar thereto ("Submission") or any graphics, text, information, data, designs, instructions and/or schematics, links, profiles, audio, photos, software, music, sounds, video, comments, messages or tags, or similar materials (collectively "Content") that:
- is unlawful or unethical, or that encourages another to engage in anything unlawful or unethical;
- is false, misleading, or fraudulent;
- contains a virus or any other similar programs or software which may damage the operation of our or another’s computer(s);
- violates the rights of any party or infringes upon the patent, trademark, trade secret, copyright, right of privacy or publicity or other intellectual property right of any party; or
- is libelous, defamatory, pornographic, obscene, lewd, indecent, inappropriate, invasive of privacy or publicity rights, abusing, harassing, threatening or bullying.
You must keep your user name and password and any other information needed to login to the Service, if applicable, confidential and secure. We are not responsible for any unauthorized access to your Account or profile by others.
You further agree that you will not do any of the following:
- modify, adapt, translate, copy, reverse engineer, decompile or disassemble any portion of the Service;
- interfere with or disrupt the operation of the Service, including restricting or inhibiting any other person from using the Service by means of hacking or defacing;
- transmit to or make available in connection with the Service any denial of service attack, virus, worm, Trojan horse or other harmful code or activity;
- attempt to probe, scan or test the vulnerability of a system, a network, or the Service or to breach security or authentication measures without proper authorization;
- take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- harvest or collect the email address, contact information, or any other personal information of other users of the Service;
- use any means to crawl, scrape or collect content from the Service via automated or large group means;
- submit, post or make available false, incomplete or misleading information to the Service, or otherwise provide such information to us;
- breach, through the Service, any agreements that you enter, or have entered, into with any third parties;
- stalk, harass, injure, or harm yourself or another individual, or attempt to do any of the foregoing, through the Service;
- direct or encourage another user or individual, through the Service, to do something that is unsafe, or that a similarly situated, reasonable person wouldn’t have an expectation of safety; or
- impersonate any other person or business.
You are not licensed to access any portion of the Service that is not public, and you may not attempt to override any security measures in place on the Service.
We reserve the right, in our sole discretion, to protect our users from violators and violations of these rules of conduct, including but not limited to restricting your use of the Services, restricting your ability to upload Submissions or Content, immediately terminating your use of the Service, or terminating your use of the Service by blocking certain IP addresses from accessing the Service. Notwithstanding the foregoing, our unlimited right to terminate your access to the Service shall not be limited to violations of these rules of conduct.
- Additional Researcher Duties You further agree that, as a Researcher on FindingFive, you will only post research studies that are approved by the Institutional Review Board (IRB) or an equivalent subject protection body at your home institution, each of which must be accompanied with a consent form displaying evidence of valid approval. Studies posted without such approval will be immediately banned upon discovery, and all Participant data collected from such studies will be irrevocably deleted. We reserve the right to report such incidents violating these rules to your home institution and relevant regulatory organizations solely at our discretion.
- Additional Participant Duties
You further agree that, as a Participant on FindingFive, you will NOT:
- purposefully mislead Researchers by letting others use your account to participate in research studies;
- purposefully mislead Researchers by providing inaccurate, untruthful, irresponsible information and responses in your Participant profile and during the course of any research study.
- Additional Duties; Account Security You are solely responsible for activities that occur on your Account, regardless of whether the activities are undertaken by you, your employees or a third party (including your contractors or agents), and for keeping your Account password secure. You may never use another person's user account or registration information for the Services without permission. You (or your authorized agents) must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state, provincial, territorial or other authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information of your Account. You agree to provide accurate information in your registration and not to share your password with third-party services. You agree to notify us promptly of any unauthorized use of your account and of any loss, theft or disclosure of your password. Failure to comply with these requirements shall constitute a breach of these Terms of Service and shall constitute grounds for immediate termination of your account and your right to use the Website. FindingFive WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE AS A RESULT OF YOUR FAILURE TO PROVIDE US WITH ACCURATE INFORMATION OR TO KEEP YOUR ACCOUNT SECURE.
For the purposes of these Terms of Service, the term "Content" includes, without limitation, information, data, text, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Service by us and you, including both Researchers and Participants.
- Content Submitted or Made Available to Us
You are under no obligation to submit anything to us or through use of the Service, and unless otherwise noted, we will not claim ownership or copyright of any Submissions or Content. However, in order for us to provide the Service, we need your permission to process, display, reproduce, create derivative works, and otherwise use the Submissions or Content that you make available to us, if any. Therefore, if you choose to submit any Submissions or Content through or on the Service, or otherwise make available any Submissions or Content through the Service, you hereby grant us a perpetual, irrevocable, transferrable, sub-licensable through multiple tiers, non-exclusive, worldwide, royalty-free license to reproduce, use, modify, display, perform, distribute, translate and create derivative works from any such Submissions or Content, including without limitation distributing part or all of the Submissions or Content in any media format through any media channels.
By submitting any Submissions or Content to us you hereby agree, warrant and represent that:
- the Submissions and Content do not contain proprietary or confidential information, and the provision of the Submissions and Content is not a violation of any third-party’s rights;
- all such Submissions and Content are accurate and true;
- we are not under any confidentiality obligation relating to the Submissions, or Content;
- we shall be entitled to use or disclose the Content or Submissions in any way, to the maximum extent permissible under applicable law;
- you are not entitled to compensation or attribution from us in exchange for the Submissions or Content.
You acknowledge that we are under no obligation to maintain the Service, or any information, materials, Submissions, Content or other matter you submit, post or make available to or on the Service. We reserve the right to withhold, remove and or discard any such material at any time.
The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services. We grant each user of the Services a worldwide, non-exclusive, revocable, non-sublicensable and non-transferable license to use provided Content solely for purposes of using the Service or for all academic purposes. Use, reproduction, modification, distribution or storage of any provided Content for purposes other than using the Service or academic activities is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
Our graphics, logos, names, designs, page headers, button icons, scripts, and service names are our trademarks, trade names and/or trade dress. The "look" and "feel" of the Service (including color combinations, button shapes, layout, design and all other graphical elements) are protected by U.S. copyright and trademark law. All product names, names of services, trademarks and service marks ("Marks") are our property or the property of their respective owners, as indicated. You may not use the Marks or copyrights for any purpose whatsoever other than as permitted by this Agreement.
You understand that by sharing information on the Service, by participating in the Service, and by requesting information to be sent through, or downloading information from, the Service, you may be revealing information about yourself, the entity that you represent, or your business that may include financial, credit, or similar information, including with other users. You understand and acknowledge that you are fully aware and responsible for the impact of sharing such materials and using the Service, and you agree that we shall not be held responsible, and we shall be released and held harmless by you from any liability or damages arising out of such conduct.
The Service may contain links to third-party websites, services, and materials. Such links are provided for informational purposes only, and we do not endorse any third-party website or services through the provision of such a link, nor do we promote or endorse any application store (commonly known as "app stores").
The Service may contain articles, text, imagery, video, audio, data, information and other similar materials originating from third-parties, including users other than you. We do not endorse any third party, including app stores, or third party content that may appear on the Service or that may be derived from content that may appear on the Service, even if such content was summarized, collected, reformatted or otherwise edited by us.
Except for rights expressly granted under this Agreement, the Intellectual Property rights of any original Submissions or Content developed on our Services by you, including any and all original parts of research studies, shall belong to you or the original developer of such content. Using our Services does not transfer any of your Intellectual Property rights to us.
Without limiting the foregoing or assuming additional legal obligations, we have a policy of terminating repeat violators of the Copyright Act, in accordance with applicable law. All grants of any rights from you to us related to Content, Submissions, or other materials, including but not limited to copyright licenses, shall survive any termination of this Agreement. Further, your representations, defense and indemnification obligations survive any termination of this Agreement.
Any Intellectual Property developed solely by us with or without the participation of our Users, including without limitation any tutorial content, research studies for demonstration purposes, documentation for describing the features and functions our Services, shall remain our sole and exclusive property.
You acknowledge that the Service, and all enhancements, updates, upgrades, corrections and modifications thereto, all copyrights, patents, trade secrets, or trademarks or other intellectual property rights protecting or pertaining to any aspect of the software (or any enhancements, corrections or modifications) and any and all documentation therefor, are and shall remain our sole and exclusive property and/or that of our licensors, as the case may be. This Agreement does not convey title or ownership to you, but instead gives you only the limited rights set forth herein.
- Payments Made by Researchers to Us
- Payments Made by Researchers to Participants via the Service
- Payment Processors
- Cash Rewards and Payouts Received by Participants This section applies to Participants of the Service, including Researchers participating in studies as participants of other Researchers.
Payments may include, but not limited to, fees paid to us by researchers to obtain subscription plans, fees charged for paying participants via the Service in studies offering cash compensation, and fees charged for downloading participant data from sessions (together, "Fees").
Fees and other charges do not include federal, local, foreign, or similar transaction taxes ("Taxes") now or hereafter levied, all of which shall be your responsibility. If we are required to pay Taxes on your behalf, you shall be invoiced for such Taxes and shall reimburse us for such amounts as described herein.
Payments may also include the cash payouts transmitted on behalf of researchers to participants in studies offering cash rewards. This section applies to Researchers of the Service.
Fees. We charge a flat fee per participant reward (see https://www.findingfive.com/pricing or https://eu.findingfive.com/pricing for fee schedule). This fee is withheld from your account at the same time your session is launched, along with the actual reward amount. We reserve the right to change, modify, or add to our fees for any reason.
Deposits. You must make a deposit into your account and have the requisite funds before launching a study session with cash rewards. When a new study session is scheduled, a predetermined amount of funds, covering both the rewards and fees will be withheld from the researcher’s account immediately. Deposits do not earn any interest.
Payments to Participants. When a Participant completes all phases of a study and makes it to the final submission screen, they will automatically be approved for the cash reward (if any); Researchers are not required to approve participant work. Rejection of Participant work on the basis of quality is not permitted on our Service. You may decide to exclude certain Participants' data from analysis, but they still must be paid. You may terminate a research study at any time, but terminating a study does not resolve your obligation to pay Participants who have submitted studies for rewards.
Bonuses. Bonuses can be granted to participants who complete your studies. Fees are calculated per bonus.
Excess Balance and Refunds. If fewer Participants complete a study than the number of participants requested by you at session launch, the difference in the amount initially charged at the launch of a study session and the actual cost will be returned to your account balance within 24 hours. Excess funds in your account can be withdrawn by contacting our Researcher support team ([email protected]) and may be subject to processing fees.
Incomplete Participation. In the event of any technical issues preventing participants from successfully completing a study, including but not limited to participants using a non-preferred browser, study programming errors, computer crashes, or any other technical issues leading to participants losing connection to the study at any point during participation, you are entirely responsible for determining whether to offer partial payment to Participants who submit partial responses due to any technical issues. We will not be involved in resolving disputes between Researchers and Participants over claims of cash rewards in cases of incomplete participation.
Disputes. Should there be any disputes regarding cash rewards between you and Participants, you should make reasonable efforts to resolve these disputes through direct contact with participants.If a mutually agreeable solution is not possible, we may, but are not obligated to, assist in negotiating an acceptable agreement. If a mutually acceptable agreement cannot be reached within 30 days after our intervention has initiated, we reserve the right to make the final decision, which may require researchers to issue additional rewards to Participants. You agree to abide by such final decisions in all cases. Repeated and excessive disputes may lead to suspension of researcher accounts on the Service.
Act of God. In the case of situations beyond our control (e.g., natural disasters) that interfere with the processing of a cash reward transaction, We may, at any time, without liability, and in our sole discretion, stop or delay that transaction.
To collect and/or process Fees and rewards, we use third parties such as PayPal, Square, and other services to process payments (each a "Payment Processor"). The processing of payments will be subject to the terms, conditions and privacy policies of the applicable Payment Processor in addition to this Agreement. We are not responsible for any errors made by the applicable Payment Processor. You agree to provide us accurate and complete information about you and your chosen Payment Method. You authorize us to share such information as well as transaction information with the Payment Processor. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment. You represent and warrant that you have the legal right to use any credit card(s) or other payment means used to initiate any transaction.
Granting Rewards. For studies offering cash rewards, the reward amount is always automatically granted to Participants upon completion of the study.
Disputes over Rewards. All questions or concerns about rewards for participation in a study must be directed to the specific Researcher or research team responsible for the study. We will not moderate any disputes between Participants and Researchers regarding payment amount, processing, distribution, or any other payment related concerns.
Incomplete Participation. In the event of failing to complete a study due to technical issues, partial payment options are generally not available. In rare cases, the Researcher of the study may be able to offer you partial compensation. You will need to communicate with the researcher in cases of partial or incomplete participation. We will not be involved in directing individual Researcher policies about partial payment or in settling disputes over payment in cases of technical issues during the study.
Redeeming Rewards for Payouts. Current participation reward balance in your account can be redeemed as a single Payout, in the form of a PayPal transfer or various gift card options through the gift card vendor we use at the time. The redemption process will be subject to the terms and services of PayPal and/or the vendor that we use for distributing gift cards. You are solely responsible for providing accurate account and personal information as required by PayPal or third-party gift card vendors in order to receive the Payout.
Reward Expiration. Any Cash Rewards must be redeemed within 12 months after it is reflected on your account. A reward that has been granted to you more than 12 months ago will expire if left unredeemed. You will be alerted before any portion of your reward balance expires.
Payouts Fraud Prevention. You acknowledge that automatic fraud prevention algorithms used by us, PayPal, and/or our gift card vendors may flag your reward redemption request as fraudulent at any time. Fraudulent redemption requests will be stopped and terminated with no notice to you. If you believe your reward redemption request is incorrectly flagged as fraudulent, you can make an inquiry by emailing [email protected].
Undeliverable or Misdelivered Payouts. In the event of an undeliverable or misdelivered Payout due to inaccurate email address or other identifying information, the Payout will be forfeited.
Taxes. Cash rewards earned via study participation, in the form of either a PayPal transfer or gift card redemption, is generally considered income under tax laws. Paying federal, local, foreign or similar income taxes shall be your responsibility.
Act of God. In the case of situations beyond our control (e.g., natural disasters) that interfere with the processing of a reward redemption request, we may, at any time, without liability, and in our sole discretion, stop or delay all requests.
The Service, including without limitation any information delivered as part of the services, and content are provided "as is", "as available" and without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, noninterference with data, availability, accuracy, that you will have continuous, uninterrupted or secure access to our website or that the Service is error-free and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY.
We do not warrant that: (i) the service will be perfectly secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) any content or software available at or through the services is free of viruses or other harmful components; or (iv) the results of using the services will meet your requirements.
Your use of the services is solely at your own risk. The Service may contain information provided by one or more third party data providers. FindingFive does not control and is not responsible for the information provided by any such third party provider. You acknowledge and agree that neither FindingFive nor any such third party provider has any obligation to correct information about you except as required by applicable law. Information you request may not be available or may not be provided, and FindingFive has no liability for such failure. In no event will FindingFive warrant or guarantee the correctness, comprehensiveness, completeness, accuracy, timeliness of any information, products, or services on this website. The information, products, and services available on the website may include technical inaccuracies or typographical errors. Therefore, you agree that your access to and use of our website, products, services and content are at your own risk.
To the maximum extent permitted by law, In no event shall we, nor anyone associated with FindingFive, be liable to you under contract, tort (including negligence), strict liability, negligence or any other legal or equitable theory based on or related to the service, any acts or omissions by an app store, or the actions you take based on the service or the content therein. We shall not be responsible for any losses or damages, including without limiation direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the Service, even if we have been advised of the possibility of such damages. , You hereby waive any and all claims against FindingFive arising out of using the Service, or any conduct of FindingFive's directors, officers, employees, agents or representatives. Your sole and exclusive right and remedy in case of dissatisfaction with the services or any other grievance shall be your termination and discontinuation of access to or use of the Service.
In addition, you agree that FindingFive is not responsible for any data compiled by our services and that FindingFive will not be liable, in any manner, as a result of your exposure to any defamatory, libelous, threatening, unlawfully harassing, obscene or otherwise unlawful content or data. In no event shall FindingFive, or any third party provider of any component of the services or of any information delivered as part of the services, be liable to you and/or any party for any damages of any kind, including but not limited to direct, indirect, special, exemplary, punitive, consequential or similar damages arising out of or related to the services, content, products, the use or inability to use this website, or any linked website, including without limitation, lost profits, loss of use, business interruption, or other economic losses, loss of programs or other data, whether in an action of contract, negligence or other tortious action, even if FindingFive is advised of the possibility of such damages, including liability associated with any viruses which may infect your computer equipment.
Notwithstanding the foregoing, in the event that a court shall find that the above disclaimers are not enforceable, then you agree that neither we nor any of our parent entities, subsidiaries, affiliated companies, employees, members, shareholders, or directors shall be liable for (1) any damages in excess of $500.00 or (2) any indirect, incidental, punitive, special, or consequential damages or loss of use, lost revenue,or lost profits or data to you or any third party from your use of the Service. This limitation shall apply regardless of the basis of your claim or whether or not the limited remedies provided herein fail of their essential purpose.
You agree to defend, indemnify and hold us and our suppliers, subsidiaries, licensors, and licensees, and each of their officers, directors, shareholders, members, employees and agents harmless from all allegations, judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney's fees, expert witness fees, and costs of litigation arising out of or based on (a) Submissions or Content you submit, post to or transmit through the Service (b) your use of the Service or any Content therein, (c) your violation of this Agreement, and (d) any conduct, activity or action which is unlawful or illegal under any state, federal or common law, or is violative of the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the use of the Service.
You agree that any claim or dispute arising out of or relating in any way to the Service will be resolved solely and exclusively by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. The laws of the State of New Jersey shall govern this Agreement, and shall be used in any arbitration proceeding.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would. Any arbitration between you and FindingFive shall have one (1) arbitrator.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the following address: FindingFive Corporation, 1181 Nixon Drive #1113, Moorestown, NJ 08057 USA.
Arbitration under this Agreement will be conducted by the American Arbitration Association (AAA) under its rules then in effect, shall be conducted in English, and shall be located in Newark, New Jersey . Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrators, will be strictly confidential for the benefit of all parties.
You and FindingFive agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, both you and FindingFive agree that each have waived any right to a jury trial.
Notwithstanding the foregoing, you agree that we may bring suit in court to enjoin infringement or other misuse of intellectual property or other proprietary rights, or to collect unpaid amounts.
To the extent arbitration does not apply, you agree that any dispute arising out of or relating to the Service, or to us, may only be brought by you in a state or federal court located in Newark, New Jersey. YOU HEREBY WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE, AND AGREE TO EXCLUSIVE JURISDICTION AND VENUE IN NEW JERSEY, UNITED STATES OF AMERICA.
The Service is not directed to individuals under the age of 13. In the event that we discover that a child under the age of 13 has provided personally identifiable information to us, we will make efforts to delete the child’s information if required by the Children's Online Privacy Protection Act. Please see the Federal Trade Commission's website for (www.ftc.gov) for more information.
Notwithstanding the foregoing, pursuant to 47 U.S.C. §230 (d), as amended, we hereby notify you that parental control protections are commercially available to assist you in limiting access to material that is harmful to minors. More information on the availability of such software can be found through publicly available sources. You may wish to contact your internet service provider for more information.
Severability. If any provision of this Agreement is found for any reason to be unlawful, void or unenforceable, then that provision will be given its maximum enforceable effect, or shall be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.
Revisions. In the event that we update this Agreement, you will be notified through the Service and may be required to re-affirm the updated Agreement using the method we will specify.
No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Service.
Assignment. We may assign our rights under this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without our prior written consent, and any unauthorized assignment by you shall be null and void.
No Waiver. Our failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Notices. All notices given by you or required under this Agreement shall be in writing and addressed to: FindingFive Corporation, 1181 Nixon Drive #1113, Moorestown, NJ 08057 USA, or sent via email [email protected].
Equitable Remedies. You hereby agree that we would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.
Entire Agreement. This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Service, and supersedes all prior or contemporaneous communications, whether electronic, oral or written.