Last Updated: August 1st, 2019
1. OUR SERVICES. FixYourName provides online reputation and privacy related services and products (collectively, our “Services”). Our Services are described on the Personal, Business, and Package WebPages, these can be found on our website: www.fixyourname.com. We may, and reserve the right, at our discretion, to periodically change or alter the description or content of our Services, as these alterations may be needed to reflect changes to the Service offerings and features, including, but without limitation, to reflect better or enhanced capabilities, changes in the service and terms, changes in both state and federal regulatory requirements, and/or any other modification(s) intended to improve the efficacy of our Services, the look of our Website, or to better highlight the needs of our customers. Information and content available on our Website, and all promotional material are opinion only, not a statement of facts, nor a guaranty or warrantee, as content may be from third-party and public sources.
2. CUSTOMER REPRESENTATIONS. Customer hereby represents, warrants and covenants to FixYourName that: (i) Customer is of legal age and capacity and has the requisite powers, authority, and rights necessary to enter into this Agreement and to perform his/her, or its obligations under this Agreement; (ii) Customer is not a party, and will not become a party, to any Agreement, obligation, or understanding that is inconsistent with this Agreement or might limit or impair Customer’s performance of his/her, or its obligations under this Agreement; (iii) Customer is an experienced and capable private person and/or entity whom understands the risks, acknowledgements, and obligations involved under this Agreement.
3. INTELLECTUAL PROPERTY. Customer agrees that the artwork, logos, texts, photographs, videos, software design, scripts and code, web site design and architecture, music, sounds and environments at or used in association with the website at FixYourName.com (our “Website”) and their selection, compilation, organization, structure and sequence, (collectively and individually the “Content”) contain proprietary information and material that is either owned by FixYourName and/or its principals, or used with permission by FixYourName and/or its principals, and is protected by applicable intellectual property and other applicable laws, including, but not limited to, copyright. Customer is granted only a limited license to download the Content for Customer’s personal and non-commercial use only. Customer agrees that he/she, or it will not use such Content or materials in any way whatsoever except for use in compliance with this Agreement. No portion of the Content may be reproduced in any form or by any means, except as expressly; exclusively permitted in these terms. Customer agrees not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Content in any manner, and Customer shall not exploit the Content in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
3.1 The Trademarks, service marks, business and trading names, and domain names (collectively and individually called the “Marks”) displayed at or used in association with the our Website, whether registered or unregistered, are the property of FixYourName and/or its principals and/or others. Use of the Marks in any manner with web sites, business activities, organizations, products or services that are not provided or licensed by FixYourName is prohibited without the express prior written consent of FixYourName.
5.1 Customer Acknowledges, Understands and Agrees, (collectively, “Knows”) Customer has been provided adequate time and opportunity to conduct due diligence, research, analysis, and has, and will continue to do so at all times, and has purchase his/her/its desire Service and/or Product, and Customer has made his/her/its decision to purchase the Product and/or Service and quantity of, solely based on his/her/its own individual and independent research alone. Customer further Knows, any and all written and oral discussion(s), including, but not limited to our Website, correspondence, and promotional material(s), as well as Services/Product sold or offered by FixYourName and our Representatives are opinion only; not a statement of fact, not a guaranty, or warranty. Customer further Knows Customer does not, and shall not consider, deem, or construe our Website, promotional material, written and oral discussions with and by FixYourName and our Representatives as material inducement to purchase or transact in one Service/Product, over another, or in any Product/Service offered, or sold by FixYourName, or our Representatives. Customer further Knows we are not allowed to; do not, and cannot guarantee removal, deletions, suppression, ranking, and time results. Search engines, e.g., Google, completed over 1,400 algorithm updates, and although we may make every attempt to stay up to date, performance cannot and is not guaranteed.
5.2 Customer Knows that when he/she browses our Website, information is collected about the Customer’s visit, including but not limited to IP-Address. FixYourName may collect and use Customer’s IP address. FixYourName may use this information for operational and performance measurement purposes, including monitoring statistics such as how many people visit our Websites; which pages people visit on our sites; how much time is spent on each page, or which browsers are used to visit our sites.
5.3 Customer is financially and emotionally able to enter into transactions which are contemplated by this Agreement and is sensitive to and able to accept the risks and to meet the financial commitments being made under this Agreement.
5.4 Customer further Knows that all disputes, claims, controversies or causes of action arising out of or relating to this Agreement are subject to binding arbitration pursuant to the procedure set forth in Section 7.6 of this Agreement. Customer further Knows that Arbitration, and California as governing law is mandatory, and not permissive.
5.5 Customer further acknowledges FixYourName’s registrations, memberships, or affiliations with industry organizations does not assert, nor create fiduciary relationship between FixYourName/our Representatives and Customer; FixYourName reserves the right to at any time, at its own discretion, to unregister or remove itself from its established relationship(s) between or with the industry organization(s) without prior notice, or any notice given to Customer(s).
6. DISCLAIMERS, EXCLUSIONS, REFUND POLICY AND LIMITATIONS.
6.1 DISCLAIMER OF WARRANTIES. FIXYOURNAME PROVIDES THE PRODUCTS AND SERVICE ON AN “AS IS” BASIS. FIXYOURNAME MAKES NO WARRANTIES WITH RESPECT TO THE PRODUCTS/SERVICE OTHER THAN THOSE MADE EXPRESSLY IN THIS AGREEMENT AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. FIXYOURNAME AND OUR REPRESENTATIVES DO NOT ASSERT, CLAIM NOR WARRANT OUR PRODUCT/SERVICE. CUSTOMER FURTHER KNOWS THAT NO WARRANTIES OR GUARANTEES HAVE BEEN MADE TO CUSTOMER REGARDING THE PRODUCTS/SERVICES, INCLUDING, BUT NOT LIMITED TO, PERFORMANCE, RESULTS, TIMELINE, OR FUTURE RESULTS THEREOF.
6.2 REFUND POLICY. ALL PURCHASES/TRANSACTIONS ARE FINAL. NO CASH REFUND, EXCHANGE OR CREDIT ON PRODUCT/SERVICE PURCHASED, OTHER THAN THOSE EXCLUSIVELY DEFINED ON THE PURCHASE SERVICE AGREEMENT.
6.3 FIXYOURNAME GUARANTEES TO EXTEND OUR SERVICE(S) TO ALL CUSTOMERS IN GOOD STANDING, UNLESS PROHIBITED BY A CONTRACTUAL AGREEMENT BETWEEN FIXYOURNAME AND ACTING AGENT, OR PROHIBITED BY STATE OR FEDERAL LAW. FIXYOURNAME CANNOT WARRANTY ANY STATEMENTS OR CLAIMS MADE BY INDEPENDENT, OR THE LIKE AGENTS, MANAGERS, OR ADVISORS. FIXYOURNAME IS NOT IN ANYWAY LIABLE FOR LOSSES, OR DAMAGES INCURRED DUE TO STATEMENT OR RECOMMENDATIONS MADE BY ABOVE MENTIONED AGENTS.
6.4 EXCLUSION OF DAMAGES. IN NO EVENT WILL FIXYOURNAME BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOST PROFITS, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, ARISING OUT OF, RELATING TO OR CONNECTED WITH THE PRODUCTS/SERVICE OR THIS AGREEMENT, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.
6.5 LIMITATION OF LIABILITY. IN NO EVENT WILL FIXYOURNAME AGGREGATE LIABILITY ARISING FROM, RELATING TO, OR IN CONNECTION WITH THE PRODUCTS, SERVICES OR THIS AGREEMENT EXCEED THE AMOUNT THAT CUSTOMER PAID FOR THE SERVICE OR PRODUCTS, LESS THE FIXYOURNAME’S EXPENDITURE OF SAID PRODUCT AND/OR SERVICES PAID. THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT INCREASE OUR LIABILITY. THIS SECTION STATES THE EXCLUSIVE DAMAGE REMEDIES AVAILABLE TO CUSTOMER.
7. GENERAL PROVISIONS.
7.1 FAILURE OF PERFORMANCE. In no event will FixYourName be liable for any default or delay in the performance of its obligations under this Agreement if and to the extent such default or delay is caused by fire, flood, earthquake, elements of nature or acts of God; wars, terrorist acts, site-specific terrorist threats, riots, civil disorders, rebellions or revolutions; strikes, lockouts or labor disputes; governmental actions, suspensions of third party websites, and/or networks, or the failure or delay of FixYourName’s suppliers, independent contractors; or any other similar cause beyond the reasonable control of FixYourName.
7.2 CONFLICTION PROVISIONS: If there is a conflict in meaning or interpretation between this Agreement and any other written instrument, literature, television, web, or radio advertisement, exhibit, or addendum, including but not limited to written and oral communications, or website content, the Terms of this Agreement shall exclusively govern, apply, and control.
7.3 ASSIGNMENT. Customer may not assign, transfer, or delegate this Agreement or any of its rights or obligations under this Agreement without FixYourName’s written consent. FixYourName may freely assign, transfer, or delegate this Agreement or any of its rights or obligations under this Agreement without notice to Customer, for purposes of, but not limited to FixYourName and/or its principal(s) selling, leasing, or otherwise relinquishing ownership our business, in part or in whole.
7.4 NOTICE. All communications shall be sent to FixYourName at 26565 West Agoura Rd. Suite: 200, Calabasas CA 91302 U.S, or our most current U.S. office address; for such can be found in the our Website’s “Contact Us” page, or by contacting FixYourName at (877) 349-6263, and to Customer, at the address provided by Customer. All communications given by FixYourName to Customer by mail shall be effective forty-eight (48) hours after deposit in the U.S. mail, postage prepaid, or upon receipt if hand delivered, whichever is earlier; when delivered to Customer’s address; if telephonic, at the time of such phone conversation or facsimile transmission; or if by email, on the day of such transmission.
7.5 GOVERNING LAW. This Agreement shall be deemed exclusively executed in California and in all respects shall be exclusively governed by and construed in accordance with the domestic laws of California, without regard to any choice of law or conflict of law provisions or rules (whether of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than California. Customer consents to the jurisdiction of any state or federal court sitting in California in any action or proceeding the subject matter of which arises out of or relates, directly or indirectly, to the Agreement and Customer and FixYourName agree that all claims in respect to any action or proceeding shall be exclusively heard and determined in California in the Arbitration proceeding as described below in Section 7.6. Customer and FixYourName further agree to waive any right they may have to seek a change of venue based on inconvenience of California, or otherwise.
7.6 WAIVER OF JUDGE/JURY TRIAL AND ARBITRATION. Customer and FixYourName agree that, in the event that any dispute, claim, controversy or cause of action (collectively “Disputes”) arises out of or relates to any provision of this Agreement or the breach, performance or validity or invalidity thereof, Customer and FixYourName each knowingly and voluntarily agree to submit and settle all such Disputes through binding arbitration. The arbitration proceeding shall be instituted by making a written demand for arbitration to either ADR Services (Century City) or JAMS (Los Angeles or Santa Monica), demand to be made by registered letter, return receipt requested, with a copy of the demand to the other party. The failure to institute an arbitration proceeding as set forth above within the applicable statute of limitations period shall constitute an absolute bar to bring any proceedings concerning any Disputes arising out of or relating to this Agreement. The arbitration shall be conducted in Los Angeles County, the State of California, and judgment upon the award may be entered in any court having jurisdiction thereof. The arbitration shall be administered by a single arbitrator which shall be from the ADR Services or the JAMS panel of arbitrators, selected by the mutual written Agreement of FixYourName and Customer. FixYourName and Customer each further agree that the initiation of any hearings to obtain any form of pre-judgment remedy shall not operate as a waiver of the parties right to submit and settle any dispute, controversy or claim arising out of or relating to this Agreement to arbitration. The prevailing party in the arbitration shall be entitled to recover its attorneys’ and experts’ fees and all costs and necessary disbursements actually incurred. If any party unsuccessfully resists arbitration under this Agreement or the confirmation or enforcement of an arbitration award rendered under this Agreement, then all costs, attorneys’ fees, and expenses incurred by the other party or parties in compelling arbitration or confirming or enforcing the award shall be fully assessed against and paid by the other party resisting arbitration and/or confirmation or enforcement of the award. If for any Disputes to which this paragraph applies, any party (i) commences a civil action without first attempting to resolve the matter through arbitration, or (ii) before commencement of an action, refuses to arbitrate after a request has been made, then that party shall not be entitled to recover attorney fees, even if they would otherwise be available to that party in either a civil action or arbitration. However, as stated above, a party may seek pre-judgment remedies only in a civil action as long as the Dispute is resolved through arbitration and to the extent such party is the prevailing party in such Arbitration, it shall be entitled to recover it legal fees, costs and expenses in pursuing such pre-judgment remedies. By agreeing to arbitration, Customer and FixYourName hereby each knowingly and voluntarily waive their respective constitutional rights to trial by judge or jury, as well as rights to appeal. Customer and FixYourName further agree that all Disputes shall be brought in the party’s individual capacity and not as a class member in any purported class or representative proceeding. Furthermore, Customer and FixYourName agree the arbitrator may not consolidate more than one person’s Claims or Disputes and may not otherwise preside over any form of representative or class proceeding. Customer and FixYourName agree that the arbitrator will determine any and all disputes arising out of or relating to any breach, termination, enforcement, interpretation of this Agreement, as well as the scope, applicability and validity of this arbitration agreement, including any allegations that the Arbitration Agreement is unconscionable or unenforceable in any way, or manner. Customer and FixYourName agree that Arbitration proceedings shall be kept in strictest confidence. Customer and FixYourName each Know that this waiver is a material inducement to entering into this Agreement; that Customer and FixYourName have already relied on this waiver in entering into this Agreement; and that Customer and FixYourName will continue to rely on this waiver in any related future dealings between FixYourName and Customer.
7.7 Customer and FixYourName each further agree that all Disputes arising from or relating to this Agreement, or any other present or future Agreement, or any other transaction contemplated hereby or thereby or relating hereto or thereto, or any other matter, cause or thing whatsoever, occurred, done, omitted or suffered to be done by Customer relating in any way to FixYourName, or FixYourName to Customer, shall be barred unless commenced within one (1) year from the date of the first act, occurrence or omission upon which such Disputes or any part thereof is based. Customer and FixYourName agree that such one (1) year period provided herein shall not be waived, tolled, or extended except by the written consent of the other. Customer Knows that, but for this waiver, he or she or it might have a longer time period to initiate a claim under state or federal law. This provision shall survive any termination, however arising, of this Agreement and any other present or future Agreement.
8. WAIVER OF CLASS ACTION. By entering into this Agreement, Customer hereby irrevocably waives any right Customer may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connected with the Products, Services, Transactions, Customer’s Information, or this Agreement must be exclusively asserted individually.
9. SEVERABILITY. The terms and provisions in this Agreement are severable. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid, or unenforceable, then that provision will be enforced to the maximum extent permissible and the remaining terms and provisions of this Agreement will continue exclusively, in full force, and effect.
10. FAILURE OR DELAY NOT A WAIVER. No failure or delay by FixYourName in exercising any of its rights, powers, or remedies under this Agreement will operate as a waiver of that or any other right, power, or remedy. No waiver or modification of any term of this Agreement will be effective unless in writing and signed by the party against whom such waiver or modification is sought to be enforced.
11. COUNTERPARTS. This Agreement may be executed in one or more counterparts, and delivered electronically or by facsimile transmission, each copy of which will be deemed an original and all of which, when taken together, will constitute one and the same instrument.
12. NO UNDISCLOSED INDUCEMENTS. Customer represents that it/he/she/they entered into this Agreement relying solely upon Customer’s own independent investigation and analysis of the relevant facts and circumstances, and no representations or warranties other than those set forth in this Agreement were made by the FixYourName or any agent, independent contractor, attorney, or employee of FixYourName to induce Customer to enter into this Agreement.
13. AMENDMENTS OR MODIFICATIONS We may amend, modify or terminate any terms of this Agreement at any time and such amendment, modification or termination will be effective at the time we post the revised terms on the site. You can determine when this agreement was last revised by referring to the “Last Updated” legend at the top of this Agreement. We encourage you to print and retain a copy of this Agreement. Your continued use of the site or services after we have posted revised Terms signifies your acceptance of such revised Terms. No amendment to or modification of this Agreement will be binding unless in writing and signed by our duly authorized representative or posted to the site by our duly authorized representative.