Terms and Conditions
THE FOLLOWING TERMS AND CONDITIONS ("AGREEMENT") ARE A LEGAL AGREEMENT BETWEEN YOU ("You") AND FINBALL, INC. ("FINBALL", "WE" "US", OR "OUR") WHICH GOVERNS YOUR USE OF OUR INTERNET APPLICATION ("EXDOX"). PLEASE READ THIS AGREEMENT CAREFULLY AND IN ITS ENTIRETY BEFORE PROCEEDING TO USING EXDOX AND RELATED SERVICES.
- clicking to accept or agree to this Agreement, where this option is made available to you by Finball when registering for an ExDox account; or
- by actually using ExDox and related services, such as accessing, browsing, using, communicating through, and/or making submissions via the Mobile Application. In this case, you agree that Finball will treat your use of ExDox as acceptance of this Agreement from that point forward.
If you do not agree to the terms of this Agreement, do not use ExDox. If you are unsure of your rights under this Agreement, please contact a legal counsel.
You may not use the services accessible through ExDox and may not accept the Agreement if (a) you are not of legal age to form a binding contract with Finball, or (b) you are a person who has been banned from using ExDox or is barred from receiving the services under the laws of the United States or the country in which you are resident or from which you are otherwise using the services available through our website.
We reserve the right to change this Agreement from time to time at our sole discretion, and your rights under this Agreement will be subject to the most current version of this Agreement posted on this page at the time of your use. Please review this Agreement from time to time as you use ExDox, as it may be amended without sending individual notices to users. Any changes to this Agreement will be effective immediately upon the posting of the revised Agreement on the ExDox website. If you do not agree with this Agreement or revised terms of the Agreement, do not use any of the services available through ExDox.
Access to Services on the Internet
In order for You to explore, engage and connect via ExDox, you may create an account using your email address. We will assign a user ID for You to use when you log in ExDox. If your email address changes, you can update it via ExDox or by contact us at firstname.lastname@example.org.
If you use ExDox and obtain a registered user ID from us, you are responsible for restricting access to your computer or mobile device, and you agree to accept responsibility for all activities that occur under your account.
All materials available through ExDox, including, without limitation, names, logos, trademarks, service marks, trade names, images, text, columns, graphics, photographs, illustrations, artwork, software, clips and other elements making up ExDox (collectively, "Content") are protected by copyrights, trademarks and other intellectual property rights owned and controlled by us or by other parties that have licensed or otherwise provided their material to us. The Content is protected by law, including, but not limited to, United States Trademark and Copyright Laws, international treaties and conventions, and other intellectual property laws. Further, ExDox is also copyrighted as a collective work under the United States and other international copyright laws, and the selection, coordination, arrangement and enhancement of such content are protected by copyright.
All rights not expressly granted to you in this Agreement are reserved to Finball and its business partners and affiliates, if any, or the party that may otherwise be credited on ExDox as the provider of such materials or Content.
You acknowledge that you do not acquire any ownership rights by using, downloading or printing copyrighted material as permitted by this Agreement. You may not add, delete, distort, use, copy, reproduce, republish, upload, post, transmit distribute or modify the Content in any way, in whole or in part, including in advertising or publicity pertaining to distribution of materials on ExDox, without the express, prior written consent of Finball. Any unauthorized attempt to do any of the foregoing without such consent is strictly prohibited.
In addition to Finball's services, materials available through ExDox may be materials provided by third parties who license such materials to us. Such third parties' companies and product or service names are trademarks or service marks of theirs. All other marks are trademarks or service marks of Finball, Inc.
REGULATORY COMPLAINTS AND INFRINGEMENT
We will cooperate with any law enforcement authorities and comply with any judicial order requesting or directing us to disclose the identity of anyone accessing, transacting, registering, and/or otherwise using ExDox in violation of any applicable federal, state, or local laws.
Finball respects the intellectual property rights of others and expects users of ExDox to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that certain parts of the content on ExDox constitute an infringement of your copyright, you should notify us promptly and in accordance with the procedures described below. We will process claims of alleged infringement and will take appropriate action as required by the Digital Millennium Copyright Act ("DMCA") when the following is sent to us at the address set forth below:
- a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
- 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 infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- your contact information, including your address, telephone number, and an email address;
- a statement by you 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 the law; and
- a statement, made under penalty of perjury, that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such DMCA claim should be sent to us at email@example.com.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
EXDOX AND ALL INFORMATION CONTAINED THEREIN ARE PROVIDED BY FINBALL ON AN "AS IS" AND "AS AVAILABLE" BASIS. FINBALL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION AND AVAILABILITY OF THIS EXDOX OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS PRESENTED VIA THE MOBILE APPLICATION. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS INTERNET APPLICATION IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FINBALL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FINBALL DOES NOT WARRANT THAT THE INTERNET APPLICATION, ITS SERVERS, OR E-MAIL SENT FROM OUR WEBSITE OR THROUGH THE INTERNET APPLICATION ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ERRORS.
FINBALL WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE INTERNET APPLICATION AND RELATED SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY VIA THE INTERNET APPLICATION, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED THROUGH THE INTERNET APPLICATION; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT FINBALL HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. If any of the above limitations do not apply to the extent applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, Finball's total liability for all losses, damages and causes of action in contract, tort (including without limitation, negligence), or otherwise will be capped at $500.
This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all previous written or oral agreements between the parties with respect to such subject matter. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. This agreement shall be construed in accordance with the laws of the State of California without regard to its conflict of laws rules, and shall be resolved individually, without resort to any form of class action. The parties expressly disclaim the application of the United Nations Convention on Contracts for the International Sale of Goods.
The parties irrevocably consent to submit to the jurisdiction of state and Federal courts, as applicable, of the State of California located in San Francisco County, California on matters arising out of this Agreement. Notwithstanding this, You agree that Finball will still be allowed to apply for injunctive relief in any jurisdiction. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. If any part of this Agreement is found by any court to be invalid, illegal or unenforceable, that part shall be discounted and the rest of this Agreement shall continue to be valid and enforceable to the fullest extent permitted by law.
This Agreement cannot be altered or modified in any way without the prior written consent of Finball.
If You are acting as an agent for a principal (including on behalf of your employer), You and the principal, jointly and severally, assume all of your obligations set forth in this Agreement.
Where Finball has provided you with a translation of the English language version of this Agreement, you agree that the translation is provided for your convenience only and that the English language version of the Agreement will govern your relationship with Finball. In case of contradiction between the terms contained in the English language version and any translated version of this Agreement, the English language version will apply, including for interpretation purposes.
Last Updated: Sep 3, 2018