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Fairygodboss Terms of Use

Effective Date: February 5, 2020

PLEASE READ THIS TERMS OF USE AGREEMENT (“AGREEMENT”) CAREFULLY. THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU (“USER”) AND FAIRYGODBOSS, INC. (“FAIRYGODBOSS,” “COMPANY,” “WE,” “OUR” OR “US”).

SECTION 16 OF THIS AGREEMENT IS AN ARBITRATION CLAUSE THAT REQUIRES MOST DISPUTES BETWEEN US TO BE RESOLVED ON AN INDIVIDUAL, NON-CLASS ACTION BASIS THROUGH BINDING AND FINAL ARBITRATION INSTEAD OF IN COURT. SEE SECTION 16 FOR MORE INFORMATION REGARDING THIS ARBITRATION CLAUSE, AND HOW TO OPT OUT.

By accessing or using http://www.fairygodboss.com, or any other website with an authorized link to this Agreement, registering an account or accessing or using any content, information, services, features or resources available or enabled via the website (collectively, the “Services”), or clicking on a button or taking another action to signify your acceptance of this Agreement, you: (1) agree to be bound by this Agreement and any future amendments and additions to this Agreement as published through the Services; (2) represent you are of legal age in your jurisdiction of residence to form a binding contract; and (3) represent that you have the authority to enter into this Agreement personally and, if applicable, on behalf of any company, organization or other legal entity on whose behalf you use the Services. Except as otherwise provided herein, if you do not agree to be bound by this Agreement, you may not access or use the Services.

Your use of the Services is also subject to any additional terms, conditions and policies that we separately post on the Services (“Supplemental Terms”) which are incorporated by reference into this Agreement. To the extent there is any conflict between this Agreement and the Supplemental Terms, the Supplemental Terms will control with respect to the subject matter of such agreement.

Subject to Section 16.9 of this Agreement, Fairygodboss reserves the right to modify this Agreement or its policies relating to the Services at any time, effective upon posting of an updated version of this Agreement or any applicable Supplemental Terms on the applicable Services. You should regularly review this Agreement, as your continued use of the Services after any such changes constitutes your agreement to such changes.

USE OF THE SERVICES. The Services and the information and content available on the Services are protected by copyright laws throughout the world. Subject to the Agreement, Fairygodboss grants you a limited license to reproduce portions of the Services for the sole purpose of using the Services for your personal or internal business purposes. Unless otherwise specified by Fairygodboss in a separate license, your right to use any and all Services is subject to the Agreement.
1. Virtual Career Fair. In addition to the Services provided on the website, Fairygodboss may host virtual career fair events on the Services, at which Fairygodboss aims to connect recruiters at participating companies with highly qualified job seekers. For more information, or to register for the next virtual career fair, please contact us at: founders@fairygodboss.com.
2. Privacy. Any information that you provide to Fairygodboss, as well as any information that Fairygodboss otherwise collects via the Services and your use thereof, is subject to our Privacy Policy available at https://fairygodboss.com/privacy-policy, which governs our collection and use of such information.
3. Updates. You understand that the Services are evolving. As a result, Fairygodboss may require you to accept updates to the Services that you have installed on your computer or mobile device. You acknowledge and agree that Fairygodboss may update the Services with or without notifying you. You may need to update third-party software from time to time in order to use the Services.
4. Certain Restrictions. The rights granted to you in the Agreement are subject to the following restrictions: (a) you may not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services; (b) you may not frame or utilize framing techniques to enclose any trademark, logo, or other Services (including images, text, page layout or form) of Fairygodboss; (c) you may not use any metatags or other “hidden text” using Fairygodboss’ name or trademarks; (d) you may not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you may not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Services 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); (f) you may not access the Services in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you may not remove or destroy any copyright notices or other proprietary markings contained on or in the Services. Any future release, update or other addition to the Services is subject to the Agreement. Fairygodboss, its suppliers and service providers reserve all rights not granted in the Agreement. Any unauthorized use of any Service terminates the licenses granted by Fairygodboss pursuant to the Agreement.
5. Third-Party Materials. As a part of the Services, you may have access to materials that are hosted by another party. You agree that it is impossible for Fairygodboss to monitor such materials and that you access these materials at your own risk.
REGISTRATION.
1. Registering Your Account. In order to access certain features of the Services, you may be required to become a Registered User. For purposes of the Agreement, a “Registered User” is a User who has registered an account on the Services (“Account”) or has a valid account on the social networking service (“SNS”) through which the User has connected to the Services (each such account, a “Third-Party Account”).
  1. Community Profile. For those Users that seek to engage with other Users on the Fairygodboss community feed, such Users can create a public profile for posting or commenting on topics; reviewing employers; joining groups of other Users who share your interests, profession and lifestyle; personalizing topic, company and job preferences; and more.
  2. Job Seeker Profile. For those Users that seek to pursue employment opportunities through the Services, such Users can create a private profile for the job search (each such User, a “Job Seeker”). Job Seekers can use the Services to apply for jobs directly through the Fairygodboss messaging platform, and Fairygodboss will provide the relevant notifications to Job Seekers for any activity by employers on their applications.
2. Access Through a SNS. If you access the Services through a SNS as part of the functionality of the Services, you may link your Account with Third-Party Accounts, by allowing Fairygodboss to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Fairygodboss and/or grant Fairygodboss access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Fairygodboss to pay any fees or making Fairygodboss subject to any usage limitations imposed by such third-party service providers. By granting Fairygodboss access to any Third-Party Accounts, you understand that Fairygodboss may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through Services (collectively, “Content”) that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Services via your Account. Unless otherwise specified in the Agreement, all SNS Content is Your Content (as defined in Section 3.1) for all purposes of the Agreement. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on the Services. Please note that if a Third-Party Account or associated service becomes unavailable or Fairygodboss’ access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Services. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the “Settings” section of the Services. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND FAIRYGODBOSS DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. Fairygodboss makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and Fairygodboss is not responsible for any SNS Content.
3. Registration Data. In registering an account on the Services, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (l) at least 13 years old; (m) of legal age to form a binding contract; and (n) not a person barred from using the Services under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree to monitor your Account to restrict use by minors, and you accept full responsibility for any unauthorized use of the Services by minors. You may not share your Account or password with anyone, and you agree to (y) notify Fairygodboss immediately of any unauthorized use of your password or any other breach of security; and (z) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or Fairygodboss has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, Fairygodboss 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). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree not to have more than one Account per platform or SNS at any given time. Fairygodboss 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 Services if you have been previously removed by Fairygodboss, or if you have been previously banned from any of the Services.
4. Your account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are owned by and inure to the benefit of Fairygodboss.
RESPONSIBILITY FOR CONTENT.
1. Types of Content. You acknowledge that all Content, the Services, is the sole responsibility of the party from whom such Content originated. This means that you, and not Fairygodboss, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through the Services (“Your Content”), and that you and other Users of the Services, and not Fairygodboss, are similarly responsible for all Content that you and they Make Available through the Services (“User Content”).
2. No Obligation to Pre-Screen Content. You acknowledge that Fairygodboss has no obligation to pre-screen Content (including, but not limited to, User Content), although Fairygodboss reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Agreement, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that Fairygodboss pre-screens, refuses or removes any Content, you acknowledge that Fairygodboss will do so for Fairygodboss’ benefit, not yours. Without limiting the foregoing, Fairygodboss has the right to remove any Content that violates the Agreement or is otherwise objectionable.
3. Storage. Unless expressly agreed to by Fairygodboss in writing elsewhere, Fairygodboss has no obligation to store any of Your Content that you Make Available on the Services. Fairygodboss has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Services. Certain Services may enable you to specify the level at which such Services restrict access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. If you do not choose, the system may default to its most permissive setting. You agree that Fairygodboss retains the right to create reasonable limits on Fairygodboss’ use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described on the Services and as otherwise determined by Fairygodboss in its sole discretion.
OWNERSHIP.
1. Services. Except with respect to Your Content and User Content, you agree that Fairygodboss and its suppliers own all rights, title and interest in the Services. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any Services.
2. Trademarks. Fairygodboss' stylized name and all related graphics, logos, service marks and trade names used on or in connection with the Services are the trademarks of Fairygodboss and may not be used without permission in connection with your or any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners.
3. Other Content. Except with respect to Your Content, you agree that you have no right, title, or interest in or to any Content that appears on or in the Services.
4. Your Content. Fairygodboss does not claim ownership of Your Content. However, when you as a User post or publish Your Content on or in the Services, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.
5. License to Your Content. Subject to any applicable Account settings that you select, you grant Fairygodboss a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display Your Content (in whole or in part) for the purposes of operating and providing the Services to you and to our other Users. Please remember that other Users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of the Services. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Fairygodboss, are responsible for all of Your Content that you Make Available on or in the Services.
6. Username. Notwithstanding anything contained herein to the contrary, by submitting Your Content to any forums, comments or any other area on the Services, you expressly permit Fairygodboss to identify you by your username (which may be a pseudonym) as the contributor of Your Content in any publication in any form, media or technology now known or later developed in connection with Your Content.
7. Your Profile. Any Content posted by you in your profile may not contain nudity, violence, sexually explicit, or offensive subject matter as determined by Fairygodboss in its sole discretion. You may not post or submit for print services a photograph of another person without that person’s permission.
8. Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Fairygodboss through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Fairygodboss has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Fairygodboss a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance the Services and/or Fairygodboss’ business.
USER CONDUCT. As a condition of your use of the Services, you may not use the Services for any purpose that is prohibited by the Agreement, the Community Guidelines or by applicable law. You may not (and may not permit any third party) either to (a) take any action or (b) Make Available any Content on or through the Services that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales without Fairygodboss’ prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including any employee or representative of Fairygodboss; (vi) interferes with or attempt to interfere with the proper functioning of the Services or uses the Services in any way not expressly permitted by this Agreement; or (vii) attempts to engage in or engage in, any potentially harmful acts that are directed against the Services, including but not limited to violating or attempting to violate any security features of the Services, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in the Services, introducing viruses, worms, or similar harmful code into the Services, or interfering or attempting to interfere with use of the Services by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Services.
INVESTIGATIONS. Fairygodboss may, but is not obligated to, monitor or review the Services and Content at any time. Without limiting the foregoing, Fairygodboss has the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the Agreement, the Community Guidelines or any applicable law.
INTERACTIONS WITH OTHER USERS.
1. User Responsibility. You are solely responsible for your interactions with other Users and any other parties with whom you interact through the Services; provided, however, that Fairygodboss reserves the right, but has no obligation, to intercede in such disputes. You agree that Fairygodboss will not be responsible for any liability incurred as the result of such interactions.
2. Content Provided by Other Users. The Services may contain User Content provided by other Users. Fairygodboss is not responsible for and does not control User Content. Fairygodboss has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other Users at your own risk.
THIRD-PARTY SERVICES. The Services may contain links to third-party websites (“Third-Party Websites”) and advertisements for third parties (“Third-Party Ads”). When you click on a link to a Third-Party Website or Third-Party Ad, we will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites and Third-Party Ads are not under the control of Fairygodboss. Fairygodboss is not responsible for any Third-Party Websites or Third-Party Ads. Fairygodboss provides these Third-Party Websites and Third Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Ads, or any product or service provided in connection therewith. You use all links in Third-Party Websites and Third-Party Ads at your own risk. When you leave the Services, the Agreement and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
INDEMNIFICATION. To the fullest extent permitted by law, you will indemnify and hold Fairygodboss, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a “Fairygodboss Party” and collectively, the “Fairygodboss Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (a) Your Content; (b) your use of any Service in a manner not authorized by this Agreement; (c) any other violation of the Agreement by you; (d) your violation of any rights of another party, including any Users; or (e) your violation of any applicable laws, rules or regulations. Fairygodboss reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Fairygodboss in asserting any available defenses.
DISCLAIMER OF WARRANTIES AND CONDITIONS.
1. As Is. TO THE FULLEST EXTENT PERMITTED BY LAW, (I) YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND (II) FAIRYGODBOSS PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE WEBSITE.
  1. FAIRYGODBOSS PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SERVICES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.
  2. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
  3. THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. FAIRYGODBOSS MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FAIRYGODBOSS OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
  5. FROM TIME TO TIME, FAIRYGODBOSS MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT FAIRYGODBOSS’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
2. No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT FAIRYGODBOSS PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD FAIRYGODBOSS PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
3. No Liability for Conduct of Other Users. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES. YOU UNDERSTAND THAT FAIRYGODBOSS DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES.
4. Basis of the Bargain. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FAIRYGODBOSS AND YOU AND APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY.
1. Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL FAIRYGODBOSS PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT FAIRYGODBOSS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (5) ANY OTHER MATTER RELATED TO THE SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
2. Cap on Liability. UNDER NO CIRCUMSTANCES WILL FAIRYGODBOSS PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE TOTAL AMOUNT PAID TO FAIRYGODBOSS BY YOU DURING THE ONE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY AND (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES.THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A FAIRYGODBOSS PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A FAIRYGODBOSS PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A FAIRYGODBOSS PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
3. User content. EXCEPT FOR FAIRYGODBOSS’ OBLIGATIONS WITH RESPECT TO YOUR PERSONAL DATA AS SET FORTH IN THE FAIRYGODBOSS’ PRIVACY POLICY, FAIRYGODBOSS ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
4. Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FAIRYGODBOSS AND YOU AND APPLY, IN EACH CASE, TO THE FULLEST EXTENT PERMITTED BY LAW.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. It is Fairygodboss’ policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to Fairygodboss by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on the Services of the material that you claim is infringing; (d) your address, telephone number and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Fairygodboss’ Copyright Agent for notice of claims of copyright infringement is as follows: Georgene Huang, Fairygodboss, Inc., 15 West 38^th Street, 5^th Floor, New York, NY 10018.
REMEDIES.
1. Violations. If Fairygodboss becomes aware of any possible violations by you of the Agreement, Fairygodboss reserves the right to investigate such violations. If, as a result of the investigation, Fairygodboss believes that criminal activity has occurred, Fairygodboss reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Fairygodboss is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Services, including Your Content, in Fairygodboss’ possession in connection with your use of the Services, to (a) comply with applicable laws, legal process or governmental request; (b) enforce the Terms, (c) respond to any claims that Your Content violates the rights of third parties, (d) respond to your requests for customer service, or (e) protect the rights, property or personal safety of Fairygodboss, its Users or the public, and all enforcement or other government officials, as Fairygodboss in its sole discretion believes to be necessary or appropriate.
2. Breach. In the event that Fairygodboss determines, in its sole discretion, that you have breached any portion of the Agreement, or have otherwise demonstrated conduct inappropriate for the Services, Fairygodboss reserves the right to:
  1. Warn you via e-mail (to any e-mail address you have provided to Fairygodboss) that you have violated the Agreement;
  2. Delete any of Your Content provided by you or your agent(s) to the Services;
  3. Discontinue your registration(s) with any of the Services, including any Services or any Fairygodboss community;
  4. Notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
  5. Pursue any other action which Fairygodboss deems to be appropriate.
TERM AND TERMINATION. The Agreement commences on the date you accept (as described above) and remain in full force and effect while you use the Services, unless terminated earlier in accordance with this Section. At its sole discretion, Fairygodboss may modify or discontinue the Services, or may modify, suspend or terminate your access to the Services, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Services, Fairygodboss reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. All provisions of the Agreement which by their nature should survive, will survive termination of Services, including without limitation, indemnification, ownership provisions, warranty disclaimers, and limitation of liability.
INTERNATIONAL USERS. The Services can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that Fairygodboss intends to announce such Services or Content in your country. The Services are controlled and offered by Fairygodboss from its facilities in the United States of America. Fairygodboss makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law.
DISPUTE RESOLUTION. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Fairygodboss 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, to any products sold or distributed through the Website, or to any aspect of your relationship with Fairygodboss, 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,; and (2) you or Fairygodboss 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). 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.
2. 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 Fairygodboss, Inc., Attn: Chief Legal Officer, 15 West 38^th Street, 5^th Floor, New York, NY 10018. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at https://www.jamsadr.com/rules-streamlined-arbitration; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at https://www.jamsadr.com/rules-comprehensive-arbitration. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Fairygodboss will pay them for you. In addition, Fairygodboss will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. 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.
3. Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) 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 Fairygodboss. 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.
4. Waiver of Jury Trial. YOU AND FAIRYGODBOSS 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 Fairygodboss 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.
5. Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE 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 USERIf a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the State or Federal Courts located in the State of New York. All other claims shall be arbitrated.
6. 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 info@fairygodboss.com within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Fairygodboss username (if any), the email address you used to set up your Fairygodboss 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.
7. Severability. Except as provided in Section 16.5, 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.
8. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Fairygodboss.
9. Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if Fairygodboss makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing Fairygodboss at the following address: Fairygodboss, Inc., 15 West 38^th Street, 5^th Floor, New York, NY 10018.
GENERAL PROVISIONS.
1. Electronic Communications. The communications between you and Fairygodboss may take place via electronic means, whether you visit the Services or send Fairygodboss e-mails, or whether Fairygodboss posts notices on the Services or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Fairygodboss in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Fairygodboss 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.
2. Assignment. The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Fairygodboss’ prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
3. Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Services, please contact us at info@fairygodboss.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
4. Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Fairygodboss agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in New York, New York.
5. Governing Law. THE TERMS AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF NEW YORK, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THE AGREEMENT.
6. Notice. Where Fairygodboss requires that you provide an e-mail address, you are responsible for providing Fairygodboss with your most current e-mail address. In the event that the last e-mail address you provided to Fairygodboss is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Agreement, Fairygodboss’ dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Fairygodboss at the following address: Fairygodboss, Inc., 15 West 38^th Street, 5^th Floor, New York, NY 10018. Such notice shall be deemed given when received by Fairygodboss by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
7. Waiver. Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
8. Severability. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
9. Export Control. You may not use, export, import, or transfer the Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person's List or Entity List. By using the Services, you represent and warrant that (y) you are not located 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 (z) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Fairygodboss are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Fairygodboss products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
10. Consumer Complaints. 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 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
11. Entire Agreement. The Agreement, together with the Privacy Policy and any Supplemental Terms, is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

End of Agreement