PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING THIS SITE IN ANYWAY, INCLUDING USING THE SERVICE, CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, AND/OR MERELY BROWSING THE SITE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE AGREEMENT; (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH FETCH, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE AGREEMENT PERSONALLY OR ON BEHALF OF THE COMPANY YOU HAVE NAMED AS THE EMPLOYER, AND TO BIND THAT COMPANY TO THE AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THIS SITE OR THE SERVICES.
Throughout this document, the words “Fetch,” “us,” “we,” and “our,” refer to our company, Fetch Talent, our Site or our Service, as is appropriate in the context of the use of the words. The term “Prospective Employee” or “Talent” will refer to Users of our Service who are seeking employment opportunities through Fetch. The term “Employer” will refer to a company that is interested in hiring Prospective Employees through the use of our Service. The term “You” refers to the individual or legal entity, as applicable, identified as the user when you register on the Site.
You agree to keep all information gained from using our Site confidential. You agree that (1) you will use any content submitted by Prospective Employees in accordance with applicable privacy and data protection laws; (2) you will not disclose the names or identities of any Prospective Employees listed for any match, outside of your recruiting or hiring department; AND (3) you will take appropriate physical, technical and administrative measures to protect content you obtain through use of the Site and Service from loss, misuse, unauthorized access, disclosure, alteration or destruction. You also agree not to post, publicly disclose or disseminate any job offers that you become aware of through our Site or Services.
Our Services may allow you to upload photos, resumes, projects and other information and may allow you to message or communicate in other ways with other users through use of our Services. Any information that you post, transmit or submit through our Site or Services will be referred to as “Content” throughout this Agreement.
THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS OF SERVICE. WE RESERVE THE RIGHT TO AMEND THIS AGREEMENT AT ANY TIME BY NOTIFYING YOU AS PROVIDED HEREIN. YOUR CONTINUED USE OF THE SERVICE AFER ANY SUCH CHANGE CONSTITUTES YOUR ACCEPTANCE OF THE REVISED TERMS. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, DO NOT USE OR ACCESS THE SERVICE.
II. Fetch Description of Service
A. For Prospective Employees
Fetch is an online service that connects Prospective Employees with Employers through a non-binding matching process. As a Prospective Employee, you have an opportunity to find a position with an Employer with transparency as to role and compensation in each match. Additionally, your use of Fetch is free, and the matching process is non-binding and does not create any contractual obligations between the Employer and the Prospective Employee. The match only acts as a tool for Prospective Employees to explore opportunities without obligation.
B. For Employers
As an Employer, you have the opportunity to find qualified talent and reduce the costs involved with hiring and retaining such talent. When a Prospective Employee accepts interest in your company and specific job order you will then receive the Prospective Employee’s profile (match). You then can communicate directly to the talent that you feel may be a fit for your company. All communication i.e. setting up interviews, offers, etc. can be and is encouraged to be conducted through the platform.
YOU UNDERSTAND THAT FETCH DOES NOT INQUIRE INTO THE BACKGROUNDS OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS (ALTHOUGH IT RESERVES THE RIGHT TO CONDUCT ANY BACKGROUND CHECK OR OTHER SCREENINGS AT ANY TIME USING AVAILABLE PUBLIC RECORDS), AND THAT YOU ARE RESPONSIBLE FOR (1) CONDUCTING ANY BACKGROUND CHECKS, REFERENCE CHECKS, OR OTHER DUE DILIGENCE THAT YOU MAY REQUIRE BEFORE MAKING AN OFFER OF EMPLOYMENT TO A PROSPECTIVE EMPLOYEE, AND (2) COMPLYING WITH ALL LAWS AND REGULATIONS RELATING TO THE INTENDED EMPLOYMENT OF ANY PROSPECTIVE EMPLOYEE.
C. For all users of the Service
Fetch cares about the integrity and security of your personal information. However, we do not guarantee that unauthorized third parties will never be able to access your personal information by defeating any security measures we have employed or that your personal information will be used for improper purposes by such third parties. By using the Service, You acknowledge, understand and agree that you provide Your personal information at Your own risk.
In order to use the Services as an Employer or as a Prospective Employee, you must register and create a profile. In doing so you agree to (1) provide true, accurate, current, and complete information about yourself and your company as prompted by the Services registration form (“Registration Data”), and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You are responsible for all activities that occur under your account. If you provide any Content that is untrue, inaccurate, not current, or incomplete, or Fetch has reasonable grounds to suspect that such Content is untrue, inaccurate, not current or incomplete, Fetch has the right to suspend or terminate your account and refuse any and all current or future use of the Site or Services. You agree not to create an account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one account. You agree not to create an account or use the Site or Services if you have been previously removed by Fetch, or if you have been previously banned from the Site or Services.
We are not liable for any harm caused or related to the theft or misappropriation of your username or password due to your failure to take reasonable measures, your disclosure of your username or password, or your authorization of anyone else to use your username or password. If you have reason to believe that your account with us is no longer secure, you must promptly change your password to the Site and immediately notify us of the problem by contacting us at firstname.lastname@example.org. In the event of any dispute between two or more parties as to account ownership, you agree that Fetch will be the sole arbiter of such dispute in its sole discretion and that Fetch’s decision (which may include termination or suspension of any account subject to dispute) will be final and binding on all parties.
Fetch hereby grants you a non-exclusive, non-transferable, non-sublicensable right to access and use the Site and Services solely for your personal, non-commercial use, provided that you comply with this Agreement, and solely to the extent permitted under all applicable laws and regulations.
A. Prospective Employee
In order to use Fetch as a Prospective Employee you must register and create a profile. The use of the Site and the Service is free for Prospective Employees. When registering with Fetch, we may require you to provide us information such as your name, e-mail address, employment history, work experience and skill set. Furthermore, you agree to provide us with any other identifying documents that we may request. We will review the information that you provide to us during the registration process and we may also review any other information about you that is publicly available. We reserve the right, in our sole discretion, to accept or reject your registration to use our Site and Service.
In order to use Fetch as an Employer you must also register. When registering we may ask you for additional information related to your company and the types of Prospective Employees you are looking for. We will review the information that you provided to us during the registration process and any other information that is publicly available. We reserve the right, in our sole discretion, to accept or reject your registration to use our Site and Service.
IV. Your Responsibilities
You are responsible for your use of the Site and Services and for any use of the Site or Services made using your account. You agree not to access, copy, or otherwise use the Site or the Services, including our intellectual property and trademarks, except as authorized by this Agreement or as otherwise authorized in writing by Fetch. Remember when using Fetch, we ask you to act reasonably and responsibly with others. Your continued access to our Site and use of our Services are contingent on your agreement to act in a reasonable manner. You agree to the following when using our Site and Services:
A. You will not copy, distribute or disclose any part of the Site or the Services in any medium, including without limitation by any automated or non-automated “scraping”;
B. You will not use any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Site or the Service in a manner that sends more request messages to Fetch servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Fetch grants the operators of public search engines revocable permission to use spiders to copy materials from the publicly available searchable indices of the materials, not caches or archives of such materials);
C. You will not transmit spam, chain letters or other unsolicited emails;
D. You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site or Services;
E. You will not take any action that we determine, in our sole discretion, imposes, or may impose, an unreasonable or disproportionately large load on our infrastructure;
F. You will not upload invalid data, viruses, worms or other software agents through the Services;
G. You will not collect or harvest any personally identifiable information, including account names, from the Service;
H. You will not use the Service for any commercial solicitation purposes;
I. You will not access the Site or Services through any technology or means other than those provided or authorized by the Service (and access to the Site or Services through virtual private network or proxy is expressly forbidden);
J. You will not sell, transfer or assign the Services, or your right to use the Service, to any third party, or offer the Service, or any Content obtained from the Site or Services, on a time-sharing or other commercial basis;
K. You agree not to stalk, harass, bully or harm another individual;
L. You agree not to impersonate any person or entity, use a fictitious name, or misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity;
M. You agree not to violate any requirements, procedures, policies or regulations of networks connected to Fetch;
N. You agree not to interfere with or disrupt the Site or Services;
O. You agree not to hack, spam or phish us or other Users;
P. You agree to provide truthful and accurate Content;
Q. You agree to not violate any law or regulation, and you are responsible for such violations;
R. You will not use our Site to post any false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, fraudulent Content post any information or content about a company or individual;
S. You agree not to cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of our Site, including the de-indexing or de-caching of any portion of our Site from a thirty party’s website, such as by requesting its removal from a search engine;
T. You will not bypass any measures we may use to prevent or restrict access to the Service;
U. You will not upload any Content to our Site that includes any third party intellectual property unless you have permission from the owner to use it in the specific manner that you used it;
V. You will not post any Content that (i) may create risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, physical or mental illness to any other person, (ii) may create a risk of loss or damage to any person or property, (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise, (iv) constitutes or contributes to a crime or a tort, (v) contains any information that we deem to be unlawful, harmful, abusive, racially or ethically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to others, libelous, threatening, profane or otherwise objectionable, or (vi) contains any information or content that is illegal, unauthorized, or knowingly false or misleading.
W. Fetch may terminate your account for violating one or more of your responsibilities, for violating applicable federal or state law, any other provision in this Agreement, or for any other lawful purpose or at our discretion, with or without notice.
V. Employer’s Role
After an Employer receives interested talent profiles (match), the Employer will be able to communicate with these Prospective Employees directly. Once an Employer has discovered a Prospective Employee on our Site or Services, the Employer agrees to communicate exclusively with the Prospective Employee through our Site. The Employer and the Prospective Employee may use other means of communication during the hiring process. The Employer agrees not to attempt to circumvent our Site and Services by independently attempting to communicate and hire the Prospective Employee through alternative means after discovering the Prospective Employee on our Site or Services.
VI. Our Role
Fetch does not act as an agent for the purposes of the Match process. Fetch merely provides
Prospective Employees a location and the software tools to enable them to find and connect with Employers. Prospective Employees and Employers are solely responsible for any issues arising from the use of the Fetch’s platform software or their use of Services.
Any agreements created between an Employer and a Prospective Employee are not binding on us. We are not liable for, or obligated to enforce, any agreements between an Employer and a Prospective Employee. You will not consider Fetch, nor will Fetch be construed as, a party to such transactions, whether or not Fetch receives some form of remuneration in connection with the transaction, and Fetch will not be liable for any costs or damages arising out of or related to such transaction.
A. Prospective Employees
Fetch is free for Prospective Employees.
B. For Employers
Upon registration and creation of an Employer Profile, Employer is required to provide credit card information in order to pay a monthly subscription fee in the amount of $199. Provided timely monthly payment of the subscription fee, the Employer will be able to communicate (through the platform) with Prospective Employees listed on our Site and Services.
Employer acknowledges and agrees that this Agreement is for a term of twelve (12) months and will automatically renew for an additional twelve (12) month period at the expiration of the current term unless the Employer cancels this Agreement at least sixty (60) days prior to the expiration of the current term.
Fetch has implemented Stripe as its payment processor. In connection therewith, You will be asked to provide Your credit card information at registration. If an alternate payment methods are required, please contact Fetch at email@example.com. By accepting Fetch’s Terms of Service, Employer agrees to immediately notify Fetch of any change in its billing address or the credit card account used for payment hereunder.
Fetch reserves the right at any time to change its fees (including to begin charging for services that it is currently providing free of charge) and billing methods, either immediately upon posting on the Site or by email delivery to you.
C. Contractor Engagement
In the case of a Contractor Engagement, the Employer shall pay a fee equal to 30% of the
Contractor’s direct labor rate (as set by Contractor). Fetch operates as the employer of record for all Contractors. Fetch shall be responsible for all Contractor compensation, including all applicable payroll and payroll taxes, worker’s compensation and unemployment insurance. Contractors are to work under the supervision and direction of the Employer. Employer shall approve all electronic timesheets submitted by Contractor within 24 hours of the agreed approval time. It is understood and agreed that Employer’s failure to edit, dispute or correct a timesheet within 24 hours of the approval deadline shall constitute approval of that timesheet and agreement to pay for the time reported.
VIII. Limitations On Liability
Through Fetch’s Site and Service, Users of Fetch may be able to post Content about third parties. Fetch is not liable to third parties for any Content that has been posted or viewed on Fetch’s Site or Services. For your convenience, the following are some important details of this Agreement that affect your rights and remedies.
A. Our Site includes areas where Prospective Employees or Employers may post Content about an individual or company. We are not responsible for the posting of this Content.
B. We are not liable for any contracts created between Prospective Employees and Employers who use our Site and Services.
C. We are not required to or under any obligation to review, screen, edit, monitor, or remove any Content posted on our Site, although we reserve the absolute right to remove, screen, or edit any Content at any time and for any reason without any notice to you or any party affected.
D. We take no responsibility and assume no liability for any Content that is posted, stored, uploaded, or transmitted via the Site or the Service, or for any loss or damages that may occur because of such Content including, but not limited to defamation, slander, libel, falsehoods, obscenity, or profanity.
E. We take no responsibility and assume no liability for any claim, action, petition, demand for arbitration or lawsuit alleging injury or damage resulting from any use of the Site or Services, whether arising in tort or contract, law or equity.
F. You agree not to hold any other User of Fetch liable for any negative or critical comments, except that you are not obligated to release any other User who submits Content that violates any terms of this Agreement or other policies stated anywhere on our Site.
G. Fetch is not liable under any circumstances to any User for any Content submitted, posted or transmitted by any other User, even if that Content violates this Agreement or other policies stated anywhere on our Site, and Fetch takes no action to remove that Content or terminate that User’s account.
H. Your ability to use or interact with this Site is a privilege, not a right, and we reserve the right to take any action that we deem proper, without notice, to prevent any violation, enforce any provision, or rectify any alleged violations, of this Agreement or any applicable law at our sole discretion.
I. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL FETCH BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR SERVICE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT FETCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICE, ON ANY THEORY OF LIABILITY, RESULTING FROM (A) THE USE OR INABILITY TO USE THE SITE OR SERVICE; (2) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR SERVICE; OR (3) ANY OTHER MATTER RELATED TO THE SITE OR SERVICE, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
IX. Intellectual Property Rights
All content included on the Site, including, but not limited to, text, design, graphics, logos, illustrations, button icons, images, audio clips, digital downloads, interfaces, data compilations, software, computer code, ideas, know-how and proprietary information (and all modifications and derivative works thereof and any intellectual property and other rights relating thereto or contained therein) including, without limitation, the selection, compilations, sequence and “look and feel” and arrangement of items, is and shall remain the property of Fetch, its affiliates or its content suppliers, and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Company, its affiliates, or its content suppliers, and is protected by U.S. and international copyrights.
All software used on the Site or to provide the Services is the property of Fetch or its affiliates and is protected by U.S. and international copyright laws. For purposes of these terms and conditions of use, the term “affiliates” means any entity or person, directly or indirectly, owning a controlling interest in, or under common ownership control with, Company, or any entity or person in which Company, directly or indirectly owns a controlling interest. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the copyrighted works displayed or contained in the Website without the express written consent Fetch.
Fetch is the owner of the registered and unregistered trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin (the “Marks”) that appear on this Site. The registered and unregistered trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress or other indicia of trade origin of Fetch or its affiliates may not be used in connection with any business, product, or service whose source is not Fetch or one of its affiliates, in any manner that is likely to cause confusion among customers, the trade, or the public, or in any manner that disparages or discredits Company or any of its affiliates.
Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin of Fetch without the express, written consent of Fetch.
Fetch reserves all rights in and to the Services and the Site. You agree to not engage in the use, copying, or distributing of any Content contained within the Site or through the Service unless we have given you express written permission to do so.
X. Licensing to Fetch
You hereby grant to Fetch and its owners, affiliates, representatives, licensors and assigns (the “Fetch Parties”) a non-exclusive, fully-paid, royalty-free, worldwide, universal, transferable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or any part of your Content (“Your Content”) and anything we may make with Your Content through Fetch or any other medium currently invented or invented in the future. We reserve the right to display advertisements in connection with Your Content. We are not required to host, display, or distribute any of your Content and we may refuse to accept or transmit Your Content, and may remove or delete all or any portion of Your Content from Fetch at any time. By submitting any Content to us, you hereby represent and warrant that you own all rights to Your Content or, alternatively, that you have the right to give us the license described above. Finally, you represent and warrant that Your Content does not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party. You understand that when using the Site and/or the Services you will be exposed to Content from a variety of sources, and that Fetch is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and that such Content is not the responsibility of Fetch. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Fetch Parties with respect thereto, and agree to indemnify and hold the Fetch Parties harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.
XI. Disclaimer of Warranties
THE SITE AND SERVICES ARE PROVIDED TO YOU AS IS, FOR YOUR INFORMATION ONLY. FETCH 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. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT, OUR SITE OR OUR SERVICE, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, OR NEGLIGENCE OR ANY OTHER TORT. THE FETCH PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SITE OR SERVICE WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR SERVICES WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE SITE OR SERVICE WILL BE CORRECTED.
THE FETCH PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS, LAWS OR REGULATIONS UNDER LOCAL, STATE OR FEDERAL LAW.
YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND SERVICES. THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS OR CONDITIONS, THE LIMITATION OR EXCLUSION OF IMPLIED
WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY IN FULL TO YOU. IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE, THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “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 OR HER SETTLEMENT WITH THE DEBTOR”. YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
You agree to defend, indemnify and hold harmless the Fetch Parties from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Site and Services, including any data or content transmitted or received by you (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties herein; (iii) your violation of any third party right, including without limitation any right of privacy or intellectual property right; (iv) any claim that any of Your Content caused damage to a third party or (v) any other party’s access and use of the Service with Your account or log in information. This defense and indemnification obligation will survive this Agreement and your use of the Site and/or Services.
You also agree that you have a duty to defend us against such claims. You agree that this indemnity extends to requiring you to pay for our reasonable attorney’s fees, court costs, settlements and disbursements.
XIII. Communications Decency Act
We respect the First Amendment and allow our Users to create Content that is user-generated. However, this is an online community so please be respectful and reasonable while communicating with others. Since third parties independently upload their Content to our Site and our Services, we are not liable for any defamatory Content posted on our Site if published by a third party. Although we may choose to edit or delete any clearly defamatory Content, we are not required to, and we reserve all defenses for such speech made available to us by Section 230 of the Communications Decency Act, applicable statutes, the common law, and the First Amendment to the Constitution of the United States of America.
If you are considering attempting to circumvent these defenses by filing suit against us in another country for Content that a third party has posted to our Site, we recommend that you review the Securing the Protection of our Enduring and Established Constitutional Heritage (SPEECH) Act as passed by the United States Congress, which makes foreign libel judgments unenforceable in U.S. courts, unless those judgments comply with the First Amendment to the Constitution of the United States of America.
XIV. DMCA Notice
We take copyright infringement very seriously, and we have registered a Registered Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act. It is our policy to terminate the account of any User who repeatedly infringes copyright upon prompt notification to Fetch 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 Site or Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Site or Service of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) 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 (6) 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 the Company’s Copyright Agent for notice of claims of copyright infringement is as follows: Schilleci & Tortorici, P.C. 2821 2nd Avenue South, Suite E Birmingham, Alabama 35233 (205) 978-4211.Please note that this procedure is exclusively for notifying Fetch and its affiliates that your copyrighted materials have been infringed.
THIS POLICY IS INTENDED TO COMPLY FULLY WITH THE REQUIREMENTS OF THE ONLINE COPYRIGHT INFRINGEMENT LIABILITY ACT. UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS AND ATTORNEY’S FEES.
XV. Choice of Law
This Agreement shall be governed by the laws of the state of Alabama, without giving effect to any principles that provide for the application of the law of another jurisdiction.
XVII. Dispute Resolution
Any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in Birmingham, Alabama, of the United States of America, except that, to the extent you have in any manner violated or threatened to violate Company’s intellectual property rights, Company may seek injunctive or other appropriate relief in any state or federal court in the state of Alabama, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these terms and conditions of use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration involving any other party subject to these terms and conditions of use, whether through class arbitration proceeding or otherwise.
XVIII. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Fetch shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
We may suspend the Services or your account or any other provision of services to you and we may terminate this Agreement at our discretion without explanation and notice, though we will strive to provide a timely explanation in most cases. If you wish to terminate this Agreement, you may do so by notifying Fetch at any time and closing your account for the Services. Your notice should be sent in writing, in accordance with Section XXIII below. Termination of the Agreement may result in the immediate deletion of any Content that you have submitted to Fetch. Fetch will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, Fetch Fee provisions, warranty disclaimers, indemnity and limitations of liability.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
Where Fetch requires that you provide an e-mail address, you are responsible for providing Fetch with your most current e-mail address. In the event that the last e-mail address you provided to Fetch is not valid, or for any reason is not capable of delivering to you any notices required or permitted by this Agreement, Fetch’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Fetch at the following address: Fetch, 3027 6th Ave S Birmingham, AL 35233 ATT: Legal. Such notice shall be deemed given when received by Fetch by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
XXIV. Entire Agreement
The Agreement 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.
XXV. Electronic Communications
The communications between you and Fetch use electronic means, whether you visit the Site or the Services or send Fetch e-mails, or whether Fetch posts notices on the Site or Service or communications with you via 3-mail. For contractual purposes, you (1) consent to receive communications from Fetch in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Fetch 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.
If you have any questions about this Agreement, the practices of this site, or your dealings with this website, please contact us at Our address: 3027 6th Avenue South, Birmingham, Alabama 35233.