PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. BY ACCESSING OR USING FRENCHIE FAQ (AS DEFINED BELOW), YOU AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS OF SERVICE.
PLEASE NOTE: SECTION 16 OF THESE TERMS OF SERVICE CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT APPLIES TO ALL FRENCHIE FAQ MEMBERS. IF YOU RESIDE IN THE UNITED STATES, THIS PROVISION APPLIES TO ALL DISPUTES WITH FRENCHIE FAQ. IF YOU RESIDE OUTSIDE OF THE UNITED STATES, THIS PROVISION APPLIES TO ANY ACTION YOU BRING AGAINST FRENCHIE FAQ IN THE UNITED STATES. IT AFFECTS HOW DISPUTES WITH FRENCHIE FAQ ARE RESOLVED. BY ACCEPTING THESE TERMS OF SERVICE, YOU AGREE TO BE BOUND BY THIS ARBITRATION CLAUSE AND CLASS ACTION WAIVER. PLEASE READ IT CAREFULLY.
THE TERMS OF SERVICE INCLUDE (1) YOUR AGREEMENT THAT COMPANY HAS NO LIABILITY REGARDING THE SERVICES (SECTION 17); (2) YOUR AGREEMENT THAT THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY (SECTION 13); (3) YOUR CONSENT TO RELEASE FRENCHIE FAQ FROM LIABILITY BASED ON CLAIMS BETWEEN USERS (SECTION 14) AND GENERALLY (SECTION 14); AND (4) YOUR AGREEMENT TO INDEMNIFY COMPANY FOR YOUR USE OR INABILITY TO USE THE SERVICES (SECTION 15).
Last Updated: November 21, 2022
Thank you for using Frenchie FAQ!
These Terms of Service (these “Terms”) constitute a legally binding agreement (this “Agreement”) between you and Frenchie FAQ (as defined below) governing your access to, and use of, the Frenchie FAQ website, including any subdomains thereof, and any other websites through which Frenchie FAQ makes the Frenchie FAQ’s Services are available (collectively, the “Site”), our mobile, tablet and other smart device applications, and application program interfaces (collectively, the “Application”) and all associated services (collectively, the “Services”). The Site, Application and Services together are hereinafter collectively referred to as the “Frenchie FAQ Platform”. Our other Policies applicable to your use of the Frenchie FAQ Platform are incorporated by reference into these Terms.
When these Terms mention “Frenchie FAQ,” “we,” “us,” or “our,” it refers to Frenchie FAQ, a California organization with an office at 1710 Bluff Pl., Unit A, Long Beach, CA 90802, United States.
Breeders alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings (as defined in Section 1) and Breeder Services (as defined in Section 1). For example, some states may require a license to breed dogs. Breeders are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any Listings or Breeder Services they offer. Penalties may include fines or other enforcement. If you have questions about how local laws apply to your Listing(s) and Breeder Service(s) on the Frenchie FAQ Platform, you should always seek legal guidance.
PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY FRENCHIE FAQ IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Frenchie FAQ will make a new copy of the Terms available at the Site and within the Application. We will also update the “Last Updated” date at the top of the Terms. If we make material changes to the Terms, we may (and, where required by law, will) also provide notification of changes in another way that we believe is reasonably likely to reach you, such as via e-mail if you have an Account (as defined in Section 2) or another manner through the Services (which may include posting an announcement on our Site). Frenchie FAQ may require you to provide consent to the updated Terms in a specified manner before further use of the Frenchie FAQ Platform is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Frenchie FAQ Platform. Otherwise, your continued use of the Site, the Application and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS.
Article/Fact Sheet Disclaimer
The articles which appear on Frenchie FAQ Platform are provided on an “as is” basis and are intended for general consumer understanding and education only. Any access to this information is voluntary and at the sole risk of the user.
Nothing contained in articles and or content is or should be considered, or used as a substitute for, veterinary medical advice, diagnosis or treatment. The information provided on the website is for educational and informational purposes only and is not meant as a substitute for professional advice from a veterinarian or other professional. Articles are designed to educate consumers on veterinary health care and medical issues that may affect their pet’s or animal’s daily lives. Frenchie FAQ Platform and its services do not constitute the practice of any veterinary medical or other professional veterinary health care advice, diagnosis or treatment. Frenchie FAQ and it’s partners disclaims liability for any damages or losses, direct or indirect, that may result from use of or reliance on information contained within the Frenchie FAQ Platform.
Table of Contents
- Scope of Services
- Eligibility, Verification, and Registration
- Using the Frenchie FAQ Platform; Prohibited Activities
- Terms Specific to Breeders
- Terms Specific to Buyers
- Modifications, Cancellations and Refunds
- Disputes between Members
- Term and Termination, Suspension, and other Measures
- Dispute Resolution and Arbitration Agreement
- Applicable Law and Jurisdiction
- Community Concerns and Feedback
- Copyright Policy
- General Provisions
1. Scope of Services
- The Frenchie FAQ Platform is an online marketplace that enables registered users (“Members”) to: (a) offer certain services related to dog breeding, including the sale of dogs (Members who offer these services are referred to herein as “Breeders”, and the services they offer are referred to herein as(“Breeder Services”), (b) publish a listing of such Breeder Services on the Frenchie FAQ Platform (“Listings”), and (c) communicate and transact directly with Members who are seeking such Breeder Services (Members seeking Breeder Services are referred to herein as “Buyers”).
- Breeders alone are responsible for their Listings and Breeder Services. When Members buy or sell a dog, they are entering into a contract directly with each other. Frenchie FAQ is not, and does not become, a party to, or other participant in, any contractual relationship between Members. Payment Services, are not provided for the sale of livestock by Frenchie FAQ and is not acting as an agent in any capacity for any Member.
- Any references to a Member being “verified” (or similar language) indicate that the Member has completed the specific steps of a relevant verification, vetting, and/or identification process. Any such description is not a guarantee by Frenchie FAQ about any Member. Frenchie FAQ has no control over and makes no representations about, (i) the existence, quality, safety, suitability, reliability, timing, or legality of any Listings or Breeder Services, (ii) the truth or accuracy of any Listing descriptions, Reviews and other Member Content (as defined below) or (iii) the performance or conduct of any Member or third party and any information provided by a Member. Frenchie FAQ does not endorse any Member, Listing or Breeder Services. You should always exercise due diligence and care when deciding whether to buy or sell a dog, participate in or use other Breeder Services, or communicate and interact with other Members, whether online or in person to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. NEITHER FRENCHIE FAQ OR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBER OF THE SERVICES. FRENCHIE FAQ AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE FRENCHIE FAQ PLATFORM THAT IS NO FAULT OF FRENCHIE FAQ’S.
- Member hereby grants Frenchie FAQ non-exclusive, fully paid, royalty-free, worldwide right and license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display the Listing and other Member Content (in whole or in part) for the purposes of providing the Services and marketing purposes, including in advertisements for Frenchie FAQ or any of the Frenchie FAQ Services, on websites, in applications, within emails, and on our social media pages.
- The Frenchie FAQ Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Frenchie FAQ is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Frenchie FAQ of such Third-Party Services.
- Due to the nature of the Internet, Frenchie FAQ cannot guarantee the continuous and uninterrupted availability and accessibility of the Frenchie FAQ Platform. Frenchie FAQ may restrict the availability of the Frenchie FAQ Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Frenchie FAQ Platform. Frenchie FAQ may improve, enhance and modify the Frenchie FAQ Platform and introduce new Services from time to time.
2. Eligibility, Verification, and Registration
- You must be at least 18 years old and able to enter into legally binding contracts to access and use the Frenchie FAQ Platform or register an Account. By registering for an Account, accessing, downloading, or using the Frenchie FAQ Platform, you represent and warrant that you (i) have read, understand, and agree to be bound by these Terms and (ii) are 18 or older and have the legal capacity and authority to enter into a contract. IF YOU DO NOT AGREE TO BE BOUND BY THIS TERMS, YOU MAY NOT ACCESS OR USE THE FRENCHIE FAQ PLATFORM.
- User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to, (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions, animal abuse registrations, or an equivalent version of background, registered animal abuse offender checks, or other checks in your local jurisdiction (if available).
- You must register an account (“Account”) to access and use certain features of the Frenchie FAQ Platform, such as publishing or purchasing from a Listing. If you are registering an Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms. You also represent that you are not a person barred from using the Frenchie FAQ Platform under the laws of the United States, your place of residence or any other applicable jurisdiction.
- You agree to provide true, accurate, current, and complete information about yourself as prompted by the membership application form and process (such information being the “Membership Data”) and maintain and promptly update the Membership Data to keep it true, accurate, current, and complete. If you knowingly provide any information that is untrue, inaccurate, or not current, or incomplete, or Frenchie FAQ has reasonable grounds to suspect that such information is untrue, inaccurate, or not current, or incomplete, Frenchie FAQ has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). For the avoidance of doubt and without limiting the foregoing, Frenchie FAQ may suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) for convenience at any time. You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself.
- You may not register more than one (1) Account unless Frenchie FAQ authorizes you to do so. You may not assign or otherwise transfer your Account to another party.
- You are responsible for maintaining the confidentiality and security of your Account credentials and may not disclose your credentials to any third party. You agree to (i) immediately notify Frenchie FAQ if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Account and (ii) exit from your Account at the end of each session. You are liable for any and all activities conducted through your Account, unless such activities are not authorized by you and you are not otherwise negligent.
- Frenchie FAQ may enable features that allow you to authorize other Members or certain third parties to take certain actions that affect your Account. These features do not require that you share your credentials with any other person. No third party is authorized by Frenchie FAQ to ask for your credentials, and you shall not request the credentials of another Member.
- Frenchie FAQ reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use the Frenchie FAQ Platform if you have been previously removed by Frenchie FAQ, or if you have been previously banned from any of the Frenchie FAQ Platform.
- You must provide all equipment and software necessary to connect to the Frenchie FAQ Platform, including but not limited to, a mobile device that is suitable to connect with and use the Frenchie FAQ Platform, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Frenchie FAQ Platform.
3. Using the Frenchie FAQ Platform; Prohibited Activities
- The Frenchie FAQ Platform and the information and content available on the Frenchie FAQ Platform are protected by copyright laws throughout the world. Subject to the Terms, Frenchie FAQ grants you a limited license to reproduce portions of the Frenchie FAQ Platform for the sole purpose of using the Services for your personal or internal business purposes. Unless otherwise specified by Frenchie FAQ in a separate license, your right to use any Frenchie FAQ Platform is subject to these Terms.
- Subject to your compliance with the Terms, Frenchie FAQ grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application on a single mobile device or computer that you own or control and to run such copy of the Application solely for your own personal or internal business purposes. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.
- You acknowledge and agree that the availability of the Application is dependent on the third party from whom you received the Application license, e.g., the Apple App Store or Google Play (each, an “App Store”). You acknowledge that the Agreement is between you and Frenchie FAQ and not with the App Store. Frenchie FAQ, not the App Store, is solely responsible for Frenchie FAQ Platform, including the Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with Frenchie FAQ Platform, including the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using the Frenchie FAQ Platform, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce it.
- Accessing and Downloading the Application from iTunes. The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:
- You acknowledge and agree that (i) the Agreement is concluded between you and Frenchie FAQ only, and not Apple, and (ii) Frenchie FAQ, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
- You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
- In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Frenchie FAQ and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Frenchie FAQ.
- You and Frenchie FAQ acknowledge that, as between Frenchie FAQ and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- You and Frenchie FAQ acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Frenchie FAQ and Apple, Frenchie FAQ, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Agreement.
- You and Frenchie FAQ acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
- Without limiting any other terms of the Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
- You understand that the Frenchie FAQ Platform is evolving. As a result, Frenchie FAQ may require you to accept updates to the Frenchie FAQ Platform that you have installed on your computer or mobile device. You acknowledge and agree that Frenchie FAQ may update the Frenchie FAQ Platform with or without notifying you. You may need to update third-party software from time to time in order to use the Frenchie FAQ Platform.
- You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Frenchie FAQ Platform.
- You agree to comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that (i) neither you nor your Breeder Service(s) are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Frenchie FAQ may make the access to and use of the Frenchie FAQ Platform, or certain areas or features of the Frenchie FAQ Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Reviews thresholds, or transaction and cancellation history.
- The Frenchie FAQ Platform may only be used for lawful purposes by Buyers seeking dogs and Breeders seeking to market and sell dogs. The rights granted to you in the Terms are subject to the following restrictions: Any future release, update or other addition to the Frenchie FAQ Platform shall be subject to the Terms. Frenchie FAQ, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of the Frenchie FAQ Platform terminates the licenses granted by Frenchie FAQ pursuant to the Terms.
- In connection with your use of the Frenchie FAQ Platform, you will not and will not assist or enable others to:
- license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Frenchie FAQ Platform or any portion of the Frenchie FAQ Platform, including the Site;
- frame or utilize framing techniques to enclose any trademark, logo, or other property (including images, text, page layout or form) of Frenchie FAQ;
- use any metatags or other “hidden text” using Frenchie FAQ’s name or trademarks;
- access the Frenchie FAQ Platform in order to build a similar or competitive website, application or service;
- breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, policies, and standards;
- use the Frenchie FAQ Platform or Collective Content (as defined in Section 4) for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Frenchie FAQ endorsement, partnership or otherwise misleads others as to your affiliation with Frenchie FAQ;
- use the Frenchie FAQ Platform in connection with the distribution of unsolicited commercial messages (“spam”);
- offer, as a Breeder, any Breeder Services that you do not yourself own or have permission to make available;
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive or disruptive behavior;
- dilute, tarnish or otherwise harm the Frenchie FAQ brand in any way, including through unauthorized use of Collective Content, registering and/or using Frenchie FAQ or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domain names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Frenchie FAQ’s domains, trademarks, taglines, promotional campaigns or Collective Content;
- use any robot, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Frenchie FAQ Platform for any purpose;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Frenchie FAQ or any of Frenchie FAQ’s providers or any other third party to protect the Frenchie FAQ Platform;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Frenchie FAQ Platform;
- take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Frenchie FAQ Platform;
- export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
- The access to, or use of, certain areas and features of the Frenchie FAQ Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions (“Supplemental Terms”). If there is a conflict between these Terms and the Supplemental Terms, the Supplemental Terms will take precedence with respect to your access to, or use of, that area or feature, unless specified otherwise.
- You acknowledge that Frenchie FAQ has no obligation to monitor the access to, or use of, the Frenchie FAQ Platform by any Member or to pre-screen, review, disable access to, refuse, remove, or edit any Member Content, but has the right, in its sole discretion, to do so. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring. Without limiting the foregoing, Frenchie FAQ shall have the right to remove any Content that violates the Terms or is otherwise objectionable.
- Members agree to cooperate with and assist Frenchie FAQ in good faith, and to provide Frenchie FAQ with such information and take such actions as may be reasonably requested by Frenchie FAQ with respect to any investigation undertaken by Frenchie FAQ or a representative of Frenchie FAQ regarding the use or abuse of the Frenchie FAQ Platform.
- If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who, (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of being dishonest, or (iii) engages in any other disturbing conduct, you should immediately report such person to Frenchie FAQ by contacting us; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
- If Frenchie FAQ becomes aware of any possible violations by you of the Terms, Frenchie FAQ reserves the right to investigate such violations. If, as a result of the investigation, Frenchie FAQ believes that criminal activity has occurred, Frenchie FAQ reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Frenchie FAQ is entitled, except to the extent prohibited by applicable law, to disclose any information or materials related to Listings or Breeder Services, including Member Content and Membership Data, in Frenchie FAQ’s possession in connection with your use of the Frenchie FAQ Platform, to (i) comply with applicable laws, legal process or governmental request; (ii) enforce the Terms, (iii) respond to any claims that Member Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety off Frenchie FAQ, its Members or the public, and all enforcement or other government officials, as Frenchie FAQ in its sole discretion believes to be necessary or appropriate.
1.The Services consist of interactive features that may allow Members, in Frenchie FAQ’s sole discretion to, (i) create, upload, post, transmit, and/or store (“Make Available”) content, including but not limited to, photos, text, graphics, audio, video, items, or other materials or information on, or through, the Frenchie FAQ Platform (collectively, “Member Content”), and (ii) access and view Member Content and any content that Frenchie FAQ itself makes available on, or through, the Frenchie FAQ Platform, including proprietary Frenchie FAQ content and any content licensed or authorized for use by, or through, Frenchie FAQ drom a third party (“Frenchie FAQ Content” and, together with Member Content, “Collective Content”). You acknowledge that all Collective Content is the sole responsibility of the party from which the Collective Content originated. This means that you, and not Frenchie FAQ, are entirely responsible for all Member Content you Make Available through the Frenchie FAQ Platform, and other Members of the Frenchie FAQ Platform, and not Frenchie FAQ, are similarly responsible for all Member Content they Make Available through the Frenchie FAQ Platform. 1. The Frenchie FAQ Platform and Collective Content may in its entirety, or in part, be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Frenchie FAQ Platform and Frenchie FAQ Content, including all associated intellectual property rights, are the exclusive property of Frenchie FAQ and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in, or accompanying, the Frenchie FAQ Platform or Collective Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Frenchie FAQ used on, or in, connection with the Frenchie FAQ Platform and Frenchie FAQ Content are trademarks or registered trademarks of Frenchie FAQ. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on, or in, connection with the Frenchie FAQ Platform and/or Collective Content are used for identification purposes only and may be the property of their respective owners. 1.You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Frenchie FAQ Platform or any Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned, or controlled by, Frenchie FAQ, its licensors, or licensees, except for the licenses and rights expressly granted in these Terms. 1. You are the owner of your Member Content. Frenchie FAQ does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content. By Making Available any Member Content on, or through, the Frenchie FAQ Platform, you grant to Frenchie FAQ a fully-paid, non-exclusive, worldwide, royalty-free, sublicensable right (including any moral rights) and license to (i) store such Member Content, (ii) use, display, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display such Member Content (x) on the Frenchie FAQ Platform and (y) promote Frenchie FAQ, the Services, and the Frenchie FAQ Platform in media or on other platforms during the term of these Terms. 1. You are solely responsible for all Member Content that you Make Available on, or through, the Frenchie FAQ Platform. Accordingly, you represent and warrant that, (i) you either are the sole and exclusive owner of all Member Content that you make available on, or through, the Frenchie FAQ Platform or you have all rights, licenses, consents, and releases that are necessary to grant to Frenchie FAQ the rights in, and to, such Member Content, as contemplated under these Terms, and (ii) neither the license granted herein or your Making Available of the Member Content or Frenchie FAQ’ use of the Member Content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. 1. You will not post, upload, publish, submit or transmit any Member Content that, (i) is fraudulent, false, misleading (directly or by omission or failure to update information), or deceptive, (ii) is defamatory, libelous, obscene, pornographic, vulgar, or offensive, (iii) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group, (iv) is violent or threatening or promotes violence or actions that are threatening to any other person, (v) promotes illegal or harmful activities or substances; or (vi) violates any other Frenchie FAQ policy. Frenchie FAQ may, without prior notice, remove or disable access to any Member Content that Frenchie FAQ finds to be in violation of these Terms or Frenchie FAQ’s then-current policies or standards, or otherwise may be harmful or objectionable to Frenchie FAQ, its Members, third parties, or property. 1. Frenchie FAQ respects copyright law and expects its Members to do the same. If you believe that any content on the Frenchie FAQ Platform infringes copyrights you own, please notify us in accordance with Section 20 below.
6. Terms Specific to Breeders
- You agree to comply with Frenchie FAQ’s rules for posting Listings.
- When creating a Listing through the Frenchie FAQ Platform you must provide accurate information about your Breeder Service. You may disclose any restrictions and requirements that apply and provide any other pertinent information. You are responsible for the content on your Listing, keeping your Listing information accurate and up-to-date, and the items offered.
- You are solely responsible for setting the prices (including any Taxes if applicable) for each of the dogs in your Listing (“List Price”).
- Any terms and conditions included in your Listing, must not conflict with these Terms.
- Pictures, animations or videos (collectively, “Images”) used in your Listings must accurately reflect the quality, specifics, and condition of your Breeder Services.
- The placement and ranking of Listings in search results on the Frenchie FAQ Platform may vary and depend on a variety of factors, such as, but not limited to, Buyers’ search parameters and preferences, Breeder’s litter and puppy availability, practices or requirements, price, number and quality of Images, customer service and cancellation history, and/or Reviews.
- Your Listing may not be immediately searchable by keyword or category for several hours.
- You acknowledge and agree that a legally binding contract is formed when you agree on the terms of the sale of a dog or the provision of other Breeder Services with a Buyer. You agree that Frenchie FAQ is not a party to any such agreement.
- If you choose to require a deposit (“Deposit”) for a dog, you can specify this in your Listing.
- You represent and warrant that any Listing you post and the purchase of a dog will (i) not breach any agreements you have entered into with any third parties, such as other Buyers, or other agreements, and (ii) comply with all applicable laws (such as USDA laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Breeder, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals acting on your behalf or as your agent.
- You represent and warrant that you, (i) understand and comply with all laws, rules and regulations that may apply to your Listing or Breeder Service(s), and (ii) have obtained any required licenses, permits, or registrations.
7. Terms Specific to Buyers
- You can inquire about a Listing available on the Frenchie FAQ Platform by following the respective inquiry process. Subject to meeting the requirements (such as, completing any applications, interviews, references, or other verification processes) set by the Breeder, you may purchase a dog in a Listing. All applicable fees, including the List Price, Protection & Support fee, processing fees to the Payment Processor, Deposit (if applicable), and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to completing your purchase. You agree to pay the Total Fees for any requested purchase in connection with your Account.
- You acknowledge and agree that a legally binding contract is formed when you agree on the terms for the purchase of a dog or other Breeder Services with a Breeder. You agree that Frenchie FAQ is not a party to any such agreement.
- Frenchie FAQ does not transfer legal ownership of dogs or Breeder Services from Breeders to Buyers.
- California Commercial Code §2401(2 ) and Uniform Commercial Code §2-401(2) apply to the transfer of ownership between the Breeder and the Seller unless the Breeder and the Seller agree otherwise.
- If you purchase a dog on behalf of any other persons, you are required to ensure that every additional person meets any requirements set by the Breeder, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Breeder. If you are purchasing for another person who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only purchase a dog if sponsored and guaranteed by an adult who is responsible for them, and such adult shall be responsible for any dog(s) purchased.
- Within a certain time frame after completing a transaction, Breeders and Buyers can submit a verified review (“Review”) about each other. Any Reviews reflect the opinion of individual Members and do not reflect the opinion of Frenchie FAQ. Reviews are not verified by Frenchie FAQ, and each Member should undertake his or her own research to be satisfied concerning any specific Member. You agree that Frenchie FAQ is not liable for any Reviews.
- Reviews by Breeders and Buyers must be fair, truthful, and factual and may not contain any offensive or defamatory language. Reviews must comply with Frenchie FAQ’s policies. Frenchie FAQ reserves the right to remove any Reviews for any reason at any time.
- Members are prohibited from manipulating the Reviews system in any manner, such as instructing a third party to submit a positive or negative Review about another Member.
9. Disputes between Members
- You are solely responsible for your interactions with other Members and any other parties with whom you interact through the Frenchie FAQ Platform; provided, however, that Frenchie FAQ reserves the right, but has no obligation, to intercede and assist in such disputes.
- Members agree to cooperate with, and assist, Frenchie FAQ in good faith, and to provide Frenchie FAQ with such information and take such actions as may be reasonably requested by Frenchie FAQ, in connection with any complaints or claims made by Members relating to Listings, transactions, Members, or Breeder Services. A Member shall, upon Frenchie FAQ’s reasonable request and at no cost to the Member, participate in mediation or a similar resolution process with another Member, which process will be conducted by Frenchie FAQ or a third party selected by Frenchie FAQ or its insurer, with respect to losses for which a Member is requesting payment from another Member or from Frenchie FAQ.
- As a Breeder you are solely responsible for determining your obligations to report, collect, remit or include in your List Price any applicable VAT or other indirect sales taxes, income taxes, or other taxes (“Taxes”).
- Tax regulations may require us to collect appropriate Tax information from Breeder, or to withhold Taxes from payouts to Breeder, or both. If a Breeder fails to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to freeze all payouts, withhold such amounts as required by law, or to do both, until resolution.
- You understand that any appropriate governmental agency, department and/or authority (“Tax Authority”) where you are located may require Taxes to be collected from Buyers or Breeders on List Prices, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the List Prices set by Breeders.
11. Term and Termination, Suspension, and other Measures
- Subject to this Section, these Terms will remain in full force and effect while you use the Frenchie FAQ Platform.
- You may terminate this Agreement at any time by sending an email to email@example.com and canceling your Frenchie FAQ Account.
- Without limiting our rights specified below, Frenchie FAQ may terminate this Agreement for convenience at any time by giving you notice via email to your registered email address.
- Frenchie FAQ may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under these Terms, our policies, or standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Frenchie FAQ believes in good faith that such action is reasonably necessary to protect the personal safety or property of Frenchie FAQ, its Members, or third parties (for example in the case of fraudulent behavior of a Member).
- In addition, Frenchie FAQ may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, (ii) if you have breached these Terms, our policies or standards, applicable laws, regulations, or third party rights, (iii) if you have provided materially inaccurate or fraudulent information during the Frenchie FAQ Account registration, Listing process or thereafter, (iv) if you and/or your Listings or Breeder Services at any time fail to meet any applicable quality or eligibility criteria, (v) if you have repeatedly received poor Reviews or Frenchie FAQ otherwise becomes aware of or has received complaints about your performance or conduct, (vi) if you have repeatedly cancelled confirmed transactions or failed to respond to Buyers’ inquiries without a valid reason, or (vii) if Frenchie FAQ believes in good faith that such action is reasonably necessary to protect the personal safety or property of Frenchie FAQ, its Members, or third parties, or to prevent fraud or other illegal activity:
- refuse to surface, delete or delay any Listings, Reviews, or other Member Content;
- cancel any pending or confirmed transactions;
- limit your access to, or use of, the Frenchie FAQ Platform;
- temporarily or permanently revoke any special status associated with your Frenchie FAQ Account; or
- temporarily or permanently suspend your Frenchie FAQ Account.
- When this Agreement has been terminated, you are not entitled to a restoration of your Frenchie FAQ Account. If your access to, or use of, the Frenchie FAQ Platform has been limited or your Frenchie FAQ Account has been suspended or this Agreement has been terminated by us, you may not register a new Frenchie FAQ Account or access or use the Frenchie FAQ Platform through an Account of another Member.
- If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
IF YOU CHOOSE TO ACCESS OR USE THE FRENCHIE FAQ PLATFORM OR COLLECTIVE CONTENT, YOU DO SO VOLUNTARILY AND AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE Frenchie FAQ PLATFORM AND THE FRENCHIE FAQ CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND ANY USE OF SAME IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY LAW, FRENCHIE FAQ, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, INVESTORS, FINANCING SOURCES, PARTNERS AND LICENSORS (COLLECTIVELY, THE “FRENCHIE FAQ PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
THE FRENCHIE FAQ PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE FRENCHIE FAQ PLATFORM WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE FRENCHIE FAQ PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE FRENCHIE FAQ PLATFORM WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE FRENCHIE FAQ PLATFORM WILL BE CORRECTED.
ANY COLLECTIVE CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE FRENCHIE FAQ PLATFORM IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE FRENCHIE FAQ PLATFORM, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH COLLECTIVE CONTENT.
THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. FRENCHIE FAQ MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES. YOU AGREE THAT YOU HAVE HAD WHATEVER OPPORTUNITY YOU DEEM NECESSARY TO INVESTIGATE THE SERVICES, LAWS, RULES, OR REGULATIONS THAT MAY BE APPLICABLE TO ANY LISTING AND/OR BREEDER SERVICES YOU ARE PROVIDING OR RECEIVING AND THAT YOU ARE NOT RELYING UPON ANY STATEMENT OF LAW OR FACT MADE BY FRENCHIE FAQ RELATING TO A LISTING. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FRENCHIE FAQ OR THROUGH THE FRENCHIE FAQ PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
IF WE CHOOSE TO CONDUCT IDENTITY VERIFICATION OR BACKGROUND CHECKS ON ANY MEMBER, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT SUCH CHECKS WILL IDENTIFY PRIOR MISCONDUCT BY A MEMBER OR GUARANTEE THAT A MEMBER WILL NOT ENGAGE IN MISCONDUCT IN THE FUTURE.
THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- You acknowledge and agree that, unless expressly stated herein and to the maximum extent permitted by law, the entire risk arising out of your access to, and use of, the Frenchie FAQ Platform and Collective Content, your publishing of or purchasing through any Listing via the Frenchie FAQ Platform, your sale or purchase of a dog, or use of any other Breeder Service or any other interaction you have with other Members whether in person or online remains with you. Neither Frenchie FAQ nor any other party involved in creating, producing, or delivering the Frenchie FAQ Platform or Collective Content will be liable for any incidental, indirect, punitive, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Frenchie FAQ Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the Frenchie FAQ Platform, or (iv) from your publishing of, or inquiring about, a Listing, including the provision or use of a Listing’s Breeder Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Frenchie FAQ has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations as a limited payment agent on behalf of Breeders to accept and disburse amounts to applicable Breeders pursuant to these Terms, in no event will Frenchie FAQ’s aggregate liability arising out of, or in connection with, these Terms and your use of the Frenchie FAQ Platform including, but not limited to, from your publishing of or purchasing through any Listings via the Frenchie FAQ Platform, or from the use of or inability to use the Frenchie FAQ Platform or Collective Content and in connection with any Breeder Service, or interactions with any other Members, exceed an amount determined in Frenchie FAQ’s sole discretion. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Frenchie FAQ and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect Frenchie FAQ’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
- You hereby release the Frenchie FAQ Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Frenchie FAQ Platform, including but not limited to, any interactions with or conduct of other Member or third-party websites of any kind arising in connection with or as a result of the Terms or your use of the Frenchie FAQ Platform. Frenchie FAQ expressly disclaims any liability that may arise between Members. If you have a dispute with one or more Members, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
If you are a California resident, you hereby waive California Civil Code Section 1542, 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 or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
- You agree to release, defend (at Frenchie FAQ’s option), indemnify, and hold Frenchie FAQ and its affiliates and subsidiaries, and our and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, legal and accounting fees, arising out of, or in any way connected with, (i) your breach of these Terms or our policies or standards, (ii) your improper use of the Frenchie FAQ Platform or any Services, (iii) your interaction with any Member or purchase or sale of any dog or Breeder Service through the Frenchie FAQ Platform, in each case, including, without limitation, any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with, or as a result of, such interaction or transaction, or (iv) your breach of any laws, regulations or third party rights.
16. Dispute Resolution and Arbitration Agreement
Frenchie FAQ is committed to participating in a consumer-friendly dispute resolution process, if possible. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Frenchie FAQ and limits the manner in which you can seek relief from us.
1. **Applicability of Arbitration Agreement**
- You agree that any dispute or claim relating in any way to your access or use of the Website or Services or to any aspect of your relationship with Frenchie FAQ, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or Frenchie FAQ may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
a. Except as otherwise provided herein, this Arbitration Agreement also applies without limitation to all disputes between Member and Frenchie FAQ’s fiduciaries, administrators, affiliates, subsidiaries, parents, and their respective employees, directors and officers, and all successors and assigns of any of them, including but not limited to any dispute, controversy or claim arising out of relating to this Agreement or Member’s relationship with Frenchie FAQ, including termination of the relationship. b. Except as is otherwise provided or required by law, this Arbitration Agreement also applies without limitation, and to the fullest extent permitted by law, to disputes regarding any city, county, state or federal wage-hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, termination, harassment and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (except for individual claims for employee benefits under any benefit plan sponsored by Frenchie FAQ and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), Genetic Information Non-Discrimination Act, and state statutes, if any, addressing the same or similar subject matters, and all other similar federal and state statutory and common law claims. c. This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement.
- Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Frenchie FAQ, Inc., Attn: Legal Department, 1710 Bluff Pl., Unit A, Long Beach, CA 90802.
- You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Authority of Arbitrator. The arbitrator, and not any federal, state or local court or agency shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Frenchie FAQ. The arbitration proceeding 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 arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). 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 us.
- Waiver of Jury Trial. YOU AND FRENCHIE FAQ HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Frenchie FAQ are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 16.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
- Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. In the event that this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in a court as set forth in Section 17.
- 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: firstname.lastname@example.org, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Frenchie FAQ username (if any), the email address you used to set up your Frenchie FAQ account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
- Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
- Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Frenchie FAQ.
- Modification. Notwithstanding any provision in the Agreement to the contrary, we agree that if Frenchie FAQ makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice to Frenchie FAQ.
17. Applicable Law and Jurisdiction
- You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of California, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and Frenchie FAQ, except as otherwise stated in this Agreement.
- Unless you and Frenchie FAQ agree otherwise, in the event that the Arbitration Agreement above is found not to apply to you or to a particular claim or dispute, as a result of a decision by an arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and Frenchie FAQ must be resolved exclusively by a state or federal court located in Los Angeles County, California. You and Frenchie FAQ agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California for the purpose of litigating all such claims or disputes.
18. Community Concerns and Feedback
- We look to you for support with accountability through community-wide ongoing monitoring and enforcement. We encourage you to submit any concerns or complaints about any of our Members to email@example.com 1.In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210 .
- We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Frenchie FAQ Platform (“Feedback”). You may submit Feedback by emailing firstname.lastname@example.org, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a fully-paid, non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
19. Copyright Policy
- Frenchie FAQ is committed to complying with U.S. copyright law and to respond to claims of copyright infringement. We have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of the Frenchie FAQ Platform who are infringers of intellectual property rights, including copyrights. Frenchie FAQ will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c) (“DMCA”).
- Pursuant to the DMCA, notifications of claimed copyright infringement must be submitted in writing to our Designated Copyright Agent in the manner described below:
- By Mail: Frenchie FAQ, Inc. ATTN: Copyright Agent 1710 Bluff Pl, Unit A, Long Beach, CA 90802
- By Email: email@example.com
- For your complaint to be valid under the DMCA, you must provide all of the following information when providing notice of the claimed copyright infringement:
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing or to be the subject of the infringing activity, and that is to be removed or access to which is to be disabled, as well as information reasonably sufficient to permit Frenchie FAQ to locate the material;
- Information reasonably sufficient to permit Frenchie FAQ to contact the copyright owner, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
- For more details on the information required for valid notification, see 17 U.S.C. 512(c)(3).
- You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys’ fees.
20. General Provisions
- Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Frenchie FAQ and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Frenchie FAQ and you in relation to the access to and use of the Frenchie FAQ Platform.
- Unless otherwise expressly stated herein, no joint venture, partnership, employment, or agency relationship exists between you and Frenchie FAQ as a result of this Agreement or your use of the Frenchie FAQ Platform.
- These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
- If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
- Frenchie FAQ’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
- You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Frenchie FAQ’s prior written consent. Frenchie FAQ may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion. Your right to terminate this Agreement at any time remains unaffected.
- Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be in writing and given by Frenchie FAQ via email, the Frenchie FAQ Platform notification, telephone, or other messaging service (including SMS). The date of receipt will be deemed the date on which Frenchie FAQ transmits the notice. For contractual purposes, you (1) consent to receive communications from Frenchie FAQ in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Frenchie FAQ provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et sep. (“E-Sign”).
- If you have any questions about these Terms please email us or contact us at: Frenchie FAQ, Legal Department, 1710 Bluff Pl., Unit A, Long Beach, CA 90802.