1. Description of Services; Limitations
FP may offer various Services to help users of the Site (“users”) facilitate payment of donations to FP, contact FP, and get information about FP, our Affiliates and related services. Our services continue to grow and change. Please refer to our Site for further information about the Services we provide.
FP is not responsible for the conduct, whether online or offline, of any of our Affiliates or their providers, employees, or volunteers. Moreover, FP does not assume, and expressly disclaims, any liability that may result from the use of information provided on our Site. All users of our website hereby expressly agree not to hold FP (or FP’s officers, directors, volunteers, employees, subsidiaries, successors, assignees, agents, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, or corporate partners, hereinafter “FP Parties”) liable for the actions or inactions of any of our Affiliates or other third parties or for any information, instruction, advice, goods or services which originated through the Site, and, to the maximum extent permissible under applicable law, FP and its FP Parties expressly disclaim any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.
2. Eligibility to Use the Site
FP site users will meet the following criteria:
• You must be eighteen (18) years of age or older; however, individuals fourteen (14) to seventeen (17) years of age may use our Site with the consent and supervision of their parent or legal guardian. If you do not meet the above age requirements, do not use the Site or Services.
• The Site and the Services are currently available only to individuals who are legally in the jurisdiction of the United States.
• You must not be a competitor of FP or using our Services for reasons that are in competition with FP.
3. Rules for User Conduct
The following rules pertain to “Content,” which is defined as any communications, images, sounds, videos, and all other material, data, and information that you upload or transmit through FP’s Site, or that other users upload or transmit, including without limitation any content, messages, photos, audios, videos, reviews or profiles that you publish or display (hereinafter, “post”). By transmitting and submitting any Content while using our Site, you agree, represent and warrant as follows:
• You are solely responsible for any Content that you post on the Site, or transmit to other users of the Site. You will not post on the Site, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, defamatory, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse, or give the impression that any Content emanates from FP where this is not the case. You will not provide inaccurate, misleading, defamatory or false information to FP or our affiliates, or to any other user of the Site, and all opinions stated as part of Content must be genuinely held. Without limiting the foregoing, you represent and warrant to us that you have the right and authority to post and/or transmit all information you provide about yourself or others, including without limitation that you have authorization from a parent or guardian of any minor who is the subject of any Content you provide, to provide such Content.
• FP may, in its sole discretion, review and delete any Content, in each case in whole or in part, that in the sole judgment of FP violates these Terms or which FP determines in its sole discretion might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users of the Site or others.
• You have the right, and hereby grant, to FP, its FP Parties, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute your Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your Content by FP will not infringe or violate the rights of any third party.
• Your use of the Site, including but not limited to the Content you provide on or through the Site, must be in accordance with any and all applicable laws and regulations.
• FP is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by users of the Site.
You agree that FP has no obligation to remove any information provided on or through the Site about you or any other person or entity.
To the maximum extent permitted by law, FP disclaims any liability whatsoever for any misstatements and/or misrepresentations made by any users of the Site. Users do hereby represent, understand and agree to hold FP harmless for any misstatements and/or misrepresentations made by or on behalf of them on or through this Site or in any other venue.
By using the Site of FP, you agree that you will not under any circumstances:
• use the Site or any information contained therein in any way that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
• use the Site for any unlawful purpose, for any purpose not expressly intended by FP or for the promotion of illegal activities;
• attempt to, or harass, abuse or harm another person or group;
• use another user’s FP account;
• provide false or inaccurate information when making a donation on the Site or with FP or otherwise using the Site;
• attempt to re-register with FP if we have terminated your account for any or no reason or terminate your registration and re-register in order to prevent a review from being associated with your account;
• interfere or attempt to interfere with the proper functioning of FP’s Site;
• make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
• bypass any robot exclusion headers or other measures we take to restrict access to the Site or use any software, technology, or device to scrape, spider, or crawl the Site or harvest or manipulate data;
• use the communication systems provided by or contacts made on FP for any commercial solicitation purposes;
• publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
4. Termination of Use of the Site
Should FP determine that you are not eligible to use the Site, have violated any terms stated herein or in any of the Additional Terms, are not suitable for participation in the use of the Site, or have misused or misappropriated Site content, including but not limited to use on a “mirrored”, competitive, or third party site, FP reserves the right, at its sole discretion, to immediately terminate your access to all or part of the FP Site, with or without notice.
6. Links To External Sites
7. Payment Policy
In order to utilize some FP Services or product offerings (such as purchasing an item in our online store) or to make a donation, the user of such Services or product offerings and/or the donor, as applicable, must pay FP either a recurring subscription or one-time fee or payment. In addition, the user is responsible for any state or local sales taxes associated with the Services or product offerings purchased.
If you sign up for a recurring donation, you authorize FP (and/or its payment processing vendors) to charge your chosen payment provider according to the terms of the plan to which you subscribe. The subscription period and the amount and frequency of the charges or payments will vary depending on donation plan you select. FP reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
To the extent you elect to purchase product offerings we may offer for a fee, you authorize FP (and/or its payment processing vendors) to charge your chosen payment provider for the products you purchase. You agree that if FP already has your credit card on file as a result of prior purchases you have made, we may charge that credit card for the additional products you purchase unless you provide an acceptable alternate form of payment.
Some FP recurring donations will continue indefinitely until cancelled by the user. After your initial donation commitment period, and again after any subsequent donation period, your recurring donation will automatically renew for an additional equivalent period as the donation term you originally selected and at the donation rate and frequency disclosed to you on the Site when you originally agreed to make recurring donations, unless otherwise provided at the time you subscribed. If you sign up for a payment plan that allows you to be charged monthly over donation period and you decide to cancel your donation during the period, you acknowledge and agree that you will continue to be billed for the donation on a monthly basis until its originally scheduled expiration date.
All payments for products and all donations are non-refundable Notwithstanding the foregoing, if you have a recurring donation agreement that is automatically renewed, we will refund the most recent charge to your credit card if you cancel your donation within thirty (30) days after the most recent charge, The refund will apply to the most recent charge only. Donations are not refundable except as expressly provided in this paragraph.
8. Release of Liability for Conduct and Disputes
We are not an employer of our Affiliates or partners, or individuals associated with them. Users of our Site may seek the services of our Affiliates or partners through the use of the Site, and affiliates and partners may provide information and submit proposals to users regarding their services. Each of our Affiliates and partners operates independently of FP and is not under our control. Any issues concerning the conduct of any of our Affiliates or partners or any individual or organization associated with or referred by them (collectively, “Partner Parties”) including, without limitation, the services received by the user of our Site, must be resolved directly between the relevant Partner Parties and such user. FP will not be held responsible and expressly disclaims any liability whatsoever for any claims, demands or damages direct or indirect of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such issues. By using this Site, you do hereby represent, understand, and expressly agree to hold FP harmless for any claim or controversy that may arise from any disputes between you and any Partner Parties and/or other user(s) of the Site. You agree to take reasonable precautions in all interactions with the Partner Parties and other users of the Site, particularly if you decide to meet offline. By using the Site, you do hereby agree to report any alleged improprieties of any users therein or any Partner Parties to FP immediately by notifying FP of the same via electronic correspondence or telephone.
10. Disclaimers; Limitations; Waivers; Indemnification
10.1 No Warranty
The information and materials contained on the Site, including text, graphics, information, links or other items are provided “as is”, “as available” without any representations or warranties, express or implied. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FP DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND/OR MATERIALS; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN FP; (3) WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (4) GIVE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, FP EXPRESSLY EXCLUDES ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY AND DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS.
IN ADDITION AND WITHOUT LIMITING THE FOREGOING, FP MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY USER OF OUR SITE OR SERVICES OR ANY PARTNER PARTIES TO PROVIDE SERVICES.
WITH RESPECT TO CORPORATE ENTITIES AND OTHER ORGANIZATIONS, THE INFORMATION AND MATERIAL CONTAINED ON THE SITE IS PROVIDED FOR YOUR INTERNAL USE ONLY AND MAY NOT BE COPIED OR REDISTRIBUTED FOR ANY REASON ABSENT FP’S PRIOR WRITTEN CONSENT. THIS INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE INFORMATION IS THE INTELLECTUAL PROPERTY OF THE FP OR ITS INFORMATION PROVIDERS. IN NO EVENT WILL FP OR ITS INFORMATION PROVIDERS BE LIABLE IN ANY WAY WITH REGARD TO SUCH INFORMATION. YOUR USE OF THE INFORMATION MUST IN ALL CASES COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.
10.2. Assumption of Risk
You assume all risk when using the Site and the Services, including but not limited to all of the risks associated with any online or offline interactions with users of the Site or the Services.
10.3. Limitation of Liability
Incidental Damages and Aggregate Liability. In no event will FP be liable for any indirect, special, incidental, or consequential damages, losses or expenses arising out of or relating to the use or inability to use the Site, including without limitation damages related to any information received from the Site, removal of content from the Site, including profile information, any email distributed to any user or any linked web site or use thereof or inability to use by any party, or in connection with any termination of your ability to access the Site, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if FP, or representatives thereof, are advised of the possibility of such damages, losses or expenses. UNDER NO CIRCUMSTANCES WILL FP’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SITE, EXCEED THE PRICE PAID BY YOU FOR PRODUCTS PURCHASED FROM THE SITE, OR, IF YOU HAVE NOT PAID FP FOR ANY SERVICES OR PRODUCTS, THE AMOUNT OF TWENTY-FIVE DOLLARS ($25.00).
No Liability for non-FP Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FP BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE, OR TRANSMITTED TO OR BY ANY USERS OR FP OR PARTNER PARTIES, OR SERVICES, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR USERS OR PARTNER PARTIES WHO ATTEMPT TO DEFRAUD OR HARM YOU OR ANY OTHER PERSON.
In addition to the preceding paragraphs of this section and other provisions of these Terms, any advice that may be posted on the Site is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, psychological, or other advice. FP makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
11. Agreement to Arbitrate
You agree that any and all disputes or claims that have arisen or may arise between you and FP or FP Parties, whether relating to these Terms (including any alleged breach thereof), the Site, or otherwise, shall be resolved exclusively through final and binding arbitration, rather than a court. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA’s Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration.
12. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the law of the State of New Jersey, without regard to principles of conflicts of law.