Last Revised: July 1, 2022
Some of our Services may be offered to you from time to time that are subject to additional terms and conditions, which are incorporated by reference into these TOS. If there is a conflict between these TOS and such other additional terms and conditions, such other additional terms and conditions will govern.
We may make changes to these TOS at any time. Any changes we make will be effective immediately when we post a revised version of these TOS on the Site. The “Last Revised” date above will tell you when these TOS were last revised. By continuing to use this Site after that date, you agree to the changes.
2. Age Requirement
The Site is not intended for children under the age of 13 and no person under the age of 13 may use the Site. If you use the Site, you affirm that you are at least 13 years old. If you are over the age of 13 but under the age of 18, your use of our Site is subject to parental consent requirements. We may refuse to offer our Services to anyone and we may also change our eligibility requirements at any time, in our sole discretion.
These TOS will remain in effect for as long as you are using our Services, or until we or you delete your account or remove your access to our Site, as provided elsewhere in these TOS. All provisions of these TOS which by their nature should survive termination shall survive termination, including but not limited to all licenses of any material, information, data, text, comments, software, scripts, notifications, reviews, articles, photographs, art, logos or other types of communication (hereinafter referred to as the “User Content”) which you may create on the Site, ownership clauses, warranty disclaimers, indemnification and limitations of liability.
4. Account Registration
You may be required to register for an account on our Site to use certain features of the Site or sign up for the Services. Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene. Your account username and login credentials are personal to you. You will be responsible for the confidentiality and use of your username and login credentials, and for all activities (including commercial transactions) that are conducted through your account. You may not transfer or sell access to your account. We will not be liable for any harm related to disclosure of your username or login credentials or the use by anyone else of your username or login credentials. You must provide accurate and complete information and keep your account information updated. You may not use another user’s account without that user’s permission. You will immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breach. We may require you to change your username and/or login credentials if we believe your account is no longer secure or if we receive a complaint that your username violates someone else’s rights. You will have no ownership of your account or your username. You are solely responsible for the activity that occurs on your account, and for keeping your account password secure. We may refuse registration, cancel an account or deny access to the Site for any reason. Your account will be visible to other users, unless you elect to opt-out. You may delete your account or request that we delete your personal customer data by emailing us at email@example.com.
5. User Content; Third Party Access and Authorization
You hereby grant us the worldwide, non-exclusive, perpetual, irrevocable, royalty-free right and license to publish, display, reproduce, modify, create derivative works of and commercially exploit any User Content you create or submit. We may freely use and transfer the User Content and disclose the User Content to third parties. By creating or posting any User Content on the Site, you expressly represent and warrant that you have the right to grant us the foregoing license and that such User Content does not infringe or violate the rights of any third party.
You are liable for the User Content you add, create, upload, submit, distribute, publish or post on the Site, whether publicly posted or privately transmitted. You warrant that all User Content posted, distributed or created on the Site is correct and true (where they state facts) or genuinely held (where they state opinions).
You warrant in every context that your User Content is lawful and in compliance with these TOS. If Forty Fifty receives notice or otherwise becomes aware that User Content violates any applicable law, legal order or regulation and/or these TOS, we may delete the User Content without any notice, and we (depending on the character of the violation) may inform the violated party and/or the authorities of the violation. Our right to delete User Content will not be conditioned on an explanation, although we may inform you about the deletion and the reason hereof.
You permit us to access certain information from your third party account(s) for use in connection with our Services and you represent that you are entitled to grant us such access without breach by you of any third party account terms and conditions and without obligating us to pay any fees or making us subject to any usage limitations. By granting Forty Fifty access to your third party account, you understand that we may access, make available, and store any information, content, or other materials that you have provided to or stored in your third party account (“Third Party Account Content”) accessible through the Services so that it is available on your account. Unless otherwise specified in these TOS, all Third Party Account Content will be considered your User Content for all purposes under these TOS. PLEASE NOTE THAT YOUR RELATIONSHIP WITH EACH THIRD PARTY ACCOUNT IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY ACCOUNT(S), AND WE DISCLAIM ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO US BY THIRD PARTY ACCOUNT(S) IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD PARTY ACCOUNT(S).
6. Code of Conduct
You agree that you will comply with all applicable laws, rules and regulations, and that you will not:
- Restrict or inhibit any other person from using the Site;
- Use the Site for any unlawful purpose;
- Express or imply that any statements you make are endorsed by us, without our prior written consent;
- Impersonate any person or entity, whether actual or fictitious, including any employee or representative of our company;
- Submit (a) any User Content or information that is unlawful, fraudulent, libelous, defamatory, or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any non-public information about companies without authorization; or (c) any advertisements, solicitations, chain letters, pyramid schemes, surveys, contests, investment opportunities or other unsolicited commercial communication;
- Submit, or provide links to, any User Content containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
- Submit, or provide links to, any User Content containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age or disability;
- Engage in spamming or flooding;
- Harvest or collect information about Site users;
- Change, use or manipulate data in any way that is misleading to any user, customer, end user, or recipient of information;
- Modify copies of any material from the Site;
- Access or use for any commercial purposes any part of the Site or any services or materials available through the Site; and
- Violate these TOS.
7. Ownership of Data, Content and Grant of Conditional License
The Site may contain data, text, designs, pages, print screens, images, artwork, photographs, audio and video clips, and/or HTML code, source code, or software that resides or is viewable, submitted or otherwise discoverable on the Site (collectively, the “Content”) that is owned by us or our licensors. We own a copyright in the Site and Content. We may change the Content and features of the Site at any time. We grant you a limited, conditional, non-exclusive, non-transferable, non-sub-licensable license to view or use this Site and its Content as permitted by these TOS. As a condition precedent, you agree that you will not:
- Submit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
- Manipulate identifiers, including by forging headers, in order to disguise the origin of any actions conduct with or through the site;
- Link to any portion of the Site other than the URL assigned to the home page of our Site or a URL for user storage located within the Site;
- “Frame” or “mirror” any part of the Site;
- Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site;
- Remove any copyright, trademark or other proprietary rights notices contained on/in the Site;
- Use any robot, spider, offline reader, Site, search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents, including with respect to any CAPTCHA that may be displayed on the Site. Operators of public search engines may use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We may revoke this exception at any time;
- Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- Reproduce, modify, display, publicly perform, distribute or create derivative works of the Site or the Content; or
- Use the Site or the Content in an attempt to, or in conjunction with, any device, program or service designed to circumvent any technological measure that effectively controls access to, or the rights in, the Site and/or Content in any way including, without limitation, by manual or automatic device or process, for any purpose.
The license that we are giving you to use the Site and its Content is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in this Ownership of Data, Content and Grant of Conditional License section. This license exists only so long as you strictly comply with each of the provisions described in this section. Any use of the Site or Content by you or anyone acting on your behalf that does not strictly comply with each and every provision in this section exceeds the scope of the license granted to you herein, constitutes unauthorized reproduction, display, or creation of unauthorized derivative versions of the Site and Content, and infringes our copyrights and/or the copyrights of our licensors and other rights in the Site and Content. You will not acquire any ownership rights by using the Site or the Content.
8. Claims of Copyright Infringement On The Site
Under the Digital Millennium Copyright Act (the “DMCA”) if you believe in good faith that any content on the Site infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent’s) physical or electronic signature; (b) identification of the copyrighted work on our Site that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Site; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at https://www.copyright.gov/legislation/dmca.pdf.
Notices and counter-notices should be sent to:
Forty Fifty LLC
There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice.
10. Mobile Messaging
We may offer browsing and mobile messaging services which may include alerts. Mobile messaging may be provided by a third party. Message and data rates may apply, according to your rate plan provided by your wireless carrier. We will not be responsible for any text messaging or other wireless charges incurred by you or by a person who has access to your wireless device or telephone number. You may not receive our alerts if your carrier does not permit text alerts. Your carrier may not allow you to use pre-paid phones or calling plans to receive alerts. We may send you a bounce back message for every message you send to us. Service may not be compatible with all wireless carriers or devices. You may opt out of any alerts as specifically provided by any 3rd party provider.
We are not responsible for the accuracy of any information displayed in our mobile messaging, for any mis-delivery or untimely delivery of any mobile messaging, or your deletion or failure to store any mobile messaging from us.
11. Violation of these TOS
If you believe that another user of the Site has violated these TOS, you may contact us at firstname.lastname@example.org. We may investigate any violation of these TOS, including unauthorized use of the Site. We may take legal action that we feel is appropriate. You agree that monetary damages may not provide us a sufficient remedy and that we may pursue injunctive or other relief for your violation of these TOS. If we determine that you have violated these TOS or the law, or for any other reason or for no reason, we may, without notice to you, (i) cancel your account, delete all your User Content and prevent you from accessing the Site, (ii) remove or refuse to post any User Content for any or no reason in our sole discretion, (iii) take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates these TOS, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for the Company, and (iv) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. You will still be bound by your obligations under these TOS. You agree that we will not be liable to you or any third party for termination of your access to the Site or to your account or any related information, and we will not be required to make the Site or your account or any related information available to you. We may refuse to honor pending and future transactions made from all accounts we believe may be associated with you.
You agree that your abusive use of the Site may cause damage and harm to us, including impaired goodwill, lost sales and increased expenses. You also agree that monetary damages for your abusive use of the Site are difficult to determine and that you, and those acting with you, will be jointly and severally liable for liquidated damages.
You hereby grants us the right to initiate and take any legal actions which we deem necessary in case of infringement of your User Content.
You agree to indemnify us for any claims which may be made against us as a consequence of your violation of these TOS or current legislation, including but not limited to any violations resulting from your User Content, any use of the Site’s content, services, and products other than as expressly authorized in these TOS, or your use of any information obtained from the Site. Additionally, you agree to indemnify and hold us harmless from and against any claim or loss due to third party claims against us resulting from your User Content.
12. Disclaimer of Warranties
WE PROVIDE THE SITE AND THE CONTENT TO YOU “AS IS” AND “AS AVAILABLE”. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WE TRY TO KEEP THE SITE UP, BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
13. Medical Disclaimer
THE SITE DOES NOT PROVIDE MEDICAL ADVICE. ALL INFORMATION ON THE SITE, INCLUDING BUT NOT LIMITED TO, TEXT, GRAPHICS, IMAGES AND OTHER MATERIALS, ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NO MATERIAL ON THE SITE IS INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL TREATMENT AND BEFORE UNDERTAKING A NEW HEALTH CARE REGIMEN. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING CARE BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE.
These TOS are subject to revision. We will notify you of any changes to our TOS by posting the new TOS on this Site. After we make any changes, we will change the “Last Revised” date above. If we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on the Site. You are responsible for providing us with your most current e-mail address. If the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these TOS will be effective upon the earlier of thirty (30) calendar days following the sending of our e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes. These changes will be effective immediately for new users of our Site. The continued use of the Site following notice of such changes constitutes your agreement to be bound by the terms and conditions of such changes.
The communications between you and Forty Fifty may use electronic means, whether you use the Services or send us emails, or whether we post notices on the Site or communicate with you via email. For contractual purposes, you (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were to be made via a hardcopy writing. This does not affect your non-waivable rights. Electronic notices should be sent to email@example.com.
Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND FIFTY FORTY (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TOS, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, MAY, IN FIFTY FORTY’S SOLE DISCRETION, BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION'S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these TOS.
17. Governing Law
Any legal suit, action, or proceeding arising out of, or related to, these TOS or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, although we retain the right to bring any suit, action, or proceeding against you for breach of these TOS in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
If you have any questions, comments or complaints regarding these TOS or the Site, please contact us at:
Forty Fifty LLC