GENERAL: This document constitutes a legal Agreement between Follow Your Customer Inc ("the Company") and you ("the User"). By subscribing to and/or using the Company's services, you acknowledge that you have read this Agreement, that you understand it and that you agree to be bound by its terms and provisions. The Company may freely transfer, assign, or delegate all or any part of its rights and duties hereunder, without the requirement of consent by User. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which will remain in full force and effect. This Agreement will be binding upon and inure to the benefit of the heirs, successors, and permitted assigns of the parties.
GRANTED RIGHTS: In consideration of the set up fee and monthly subscription fee, the Company agrees to provide you, the User, with a user accounts for access to the Company's website and services. The Company's services are available only to those who subscribe to them through the Company's website, and user accounts may not be shared between companies. In consideration of the use of the Company's website and services, the User agrees to (1) supply accurate, current and complete information about the User and (2) maintain the confidentiality of the User's login name and password. The User is responsible for any and all activity that occurs under the User's password or account. The user agrees to notify the Company immediately should any unauthorized use of the User's account or any other breach of security become known to the User. The User likewise agrees to use valid lender-supplied logins and passwords and to immediately report any misuse of lender-supplied logins or passwords that may become known to User.
LIMITATIONS OF USE: You, the User, agree not to reverse engineer or attempt to reverse engineer, decompile or attempt to decompile, or disassemble or attempt to disassemble the Follow Your Customer Inc website or any component thereof. You, the User, also agree not to replicate, imitate or otherwise reproduce (or attempt to duplicate, imitate or otherwise reproduce) the methodologies or inner logic used on the Follow Your Customer Inc website without the express written permission of the Company. The User is prohibited from violating or attempting to violate the security of the Company's website or otherwise damaging the website or any of its content in any way, including, without limitation, (1) accessing data not intended for such User or logging into a server or account which the User is not authorized to access, (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (3) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Follow Your Customer Inc website, overloading, "flooding", "spamming", "mail bombing" or "crashing", (4) sending unsolicited e-mail, including promotions and/or advertising of products or services, (5) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, (6) impersonating any person or entity or falsely stating or otherwise misrepresenting your identity or affiliation, (7) using any device, software or routine to interfere or attempt to interfere with the proper working of the Follow Your Customer Inc website or any activity being conducted on this website. Violations of system or network security may result in civil or criminal liability. Current and former Users of and/or subscribers to Follow Your Customer Inc expressly agree that for a period of five (5) years from the date of expiration or termination, as the case may be, of this Agreement, the User / subscriber will not be directly or indirectly involved with a business which is in direct competition with Follow Your Customer Inc. The User further agrees that for a period of five (5) years from the date of expiration or termination, as the case may be, of this Agreement, the User will not divert or attempt to divert from Follow Your Customer Inc any business Follow Your Customer Inc has enjoyed, solicited, or attempted to solicit from its customers prior to the date of termination or expiration, as the case may be, of this Agreement. Current or potential competitors of Follow Your Customer Inc are expressly prohibited from subscribing to or using the Follow Your Customer Inc website or services.
LIMITATIONS OF LIABILITY: Follow Your Customer Inc under no circumstances will the Company be held liable for any damages whatsoever (including, but not limited to, damages for loss of revenue or anticipated profits, business interruption or loss, loss of information or any other pecuniary loss) arising out of the use of or the inability to use the Company's website and/or services. To the fullest extent permitted by law, in no event will the maximum collective liability of Follow Your Customer Inc (whether based in contract, tort, negligence, and strict liability or otherwise) for losses or damages exceed the amount paid by the User to access the Company's services. To the fullest extent permitted by law, under no circumstances, will Follow Your Customer Inc, its officers, directors, employees, affiliates or agents be liable to the User or to any third party for any indirect, special, incidental, consequential or punitive damages, including without limitation loss or revenues, loss or profits or business interruption, arising out of or relating to use of the Company's website or services,
DISCLAIMER OF WARRANTIES: Although the Company makes every attempt to provide accurate information to its Users, the Company in no way warrants the accuracy, adequacy or completeness of this information. The Company expressly disclaims liability for any errors or omissions and in no way assumes any obligation to update or continue to maintain its website or any information contained therein. The Company expressly disclaims all warranties of any kind, including, but not limited to the implied warranties of merchantability or fitness for a particular purpose. The Company makes no warranty that its services will meet the User's requirements, or that its services will be uninterrupted, timely, secure or error free; nor does the Company make any warranty as to the results that may be obtained from the use of its services or as to the accuracy or reliability of any information obtained on its website or through its services or that defects in the software used on the website or in its service will be corrected. The Company makes no warranty that the website (or any information or software contained therein) is free of worms, viruses or other code that manifests contaminating or destructive properties. The Company makes no warranty regarding any services obtained through its website or any transactions entered into through its services. Because some jurisdictions do not permit the exclusion of implied warranties, some of these exclusions may not apply to you.
TERMINATION OF SERVICE: The Company reserves the right to terminate this agreement if the User fails to comply with any of the terms and provisions contained therein. The Company reserves the right to refuse or terminate service to any User at any time for any reason whatsoever, provided the Company issues a full refund for any fees paid upfront by User for services not yet furnished by the Company. The Company reserves the right to modify any and all terms of this agreement without prior notice to User.
CHANGES: All Company policies and prices are subject to change without prior notice to User. The Company reserves the right to discontinue its services, either permanently or temporarily, for any reason, at the Company's sole discretion, without prior notice to User, provided the Company issues a full refund of any fees paid upfront by User for services not yet furnished by the Company.
COPYRIGHT AND TRADEMARKS: The contents of the Follow Your Customer Inc website (including, but not limited to, its design, interfaces, sounds, text, graphics, button icons, software and other content, as well as the website's general "look and feel") is the sole property of Follow Your Customer Inc and is protected under United States and international copyright and trademark laws. Any unlawful infringement on or attempted interference with the rights and privileges protected by these laws will be prosecuted to the fullest extent of the law.
DISPUTE RESOLUTION: This agreement will be governed in all respects by the substantive laws of the State of Pennsylvania without regard to its provisions relating to conflicts of laws. Any claim or controversy arising out of or relating to the use of the Follow Your Customer Inc website or services, or to any acts or omissions for which you, the User, may contend that the Company is liable, including but not limited to any claim or controversy as to the arbitrability of such dispute, will be finally and exclusively settled by binding arbitration under the Commercial Rules of the American Arbitration Association. The arbitration will be conducted by one impartial arbitrator, selected by mutual agreement. The arbitrator will be either an attorney or a retired judge. Any proceedings will be held in the Pittsburgh, Pennsylvania metropolitan area or in such other location as may be agreed to by the parties. The arbitrator will be bound by any limitations and/or exclusions of liability as set forth in this Agreement. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY.