Terms & Conditions
Terms of Service
This General Terms and Conditions (this “Agreement”) is entered into by and between FigtoWP and You and is made effective as of the date of your electronic acceptance of this Agreement. This Agreement sets forth the general terms and conditions of the services purchased or accessed through the Site. Any Services Agreements are in addition to (not in lieu of) this Agreement. In the event of a conflict between the provisions of a Services Agreement and the provisions of this Agreement, the provisions of the applicable Services Agreement shall control.
DEFINITIONS. For the purposes of this Agreement:
- “Change Orders” shall mean an order that authorizes an addition, deletion, or revision in the Services or an adjustment to the Fee or the time for performance of the Services.
- “Fees” shall mean monies and other considerations you are obligated to pay to FigtoWP for the particular Services for which you have purchased.
- “Fee Schedule” shall mean the Fees for the Services as published on the Site, which may be modified at any time in FigtoWP’s sole discretion.
- “International Customers” shall mean customers residing in or accessing the Services from outside of the United States.
- “Laws” shall mean the laws, statutes, and regulations then in effect of the United States of America and its various states and dependencies as well as the laws of Your country of residence or the country in which you use or access the Services and the laws of any provinces, states or dependencies thereof.
- “Parties” shall collectively refer to FigtoWP and you.
- “Payment Account” shall refer to the credit card provided by You upon registration to pay for Your Services. FigtoWP may add, delete, or modify the methods by which customers can pay for the Services at any time without prior notice, in its sole discretion. Payments processed by third parties are subject to such third-party’s terms and conditions of service, and FigtoWP makes no representations or warranties with respect to those services.
- “Services” shall mean the services purchased or accessed through the Site and provided by FigtoWP and/or FigtoWP‘s affiliates, agents, or assigns at any given time.
- “Services Agreements” shall mean any agreements, arrangements and/or additional policies that apply to Your Services.
- “Site” shall mean www.figtowp.com.
- “FigtoWP”, “us,” “we,” “our” and grammatical variants thereof shall collectively refer to FigtoWP Global, LLC and its assigns and successors in interest.
- “You”, “your” and grammatical variants thereof shall mean you, any other entity which has an ownership or other beneficial interest in you, or any other entity in which you have an ownership or other beneficial interest.
- “Your Services” shall mean the specific Services for which you have contracted, subject to the limitations and specifications of the particular service effective as of the date of contract and to the Fees for those Services pursuant to the current Fee Schedule.
Terms and Termination
- Month-to-Month: FigtoWP offers certain Services for which the term of this Agreement shall be one month and shall be automatically renewed each month for additional one-month periods. Any and all Fees for the month-to-month Services are NON-REFUNDABLE AND ARE DUE AND PAYABLE UPFRONT IN ADVANCE for the entire term thereof. Should you choose to terminate your Extended Term Package prior to the end of its term, you will not be entitled to a refund.
- Extended Term: FigtoWP offers certain packages for which the term of this Agreement shall be in excess of one month (the “Extended Term Packages”), at the end of which this Agreement shall automatically renew for additional terms of equal length. Any and all Fees for the Extended Term Packages are NON-REFUNDABLE AND ARE DUE AND PAYABLE UPFRONT IN ADVANCE for the entire term thereof. Should you choose to terminate your Extended Term Package prior to the end of its term, you will not be entitled to a refund.
- Minimum Term: Notwithstanding anything herein to the contrary, FigtoWP offers certain packages for which the initial term of this Agreement shall be in excess of one month and shall have minimum term requirements (the “Minimum Term Contract Packages”), at the end of which such initial term this Agreement shall renew automatically on a month-to-month basis pursuant to the terms herein. Any and all Fees for the Minimum Term Contract Packages are NON-REFUNDABLE AND ARE DUE AND PAYABLE UPFRONT IN ADVANCE for the entire term thereof.
- Authorization: If you choose to terminate your Extended Term Package or Minimum Term Contract Package prior to the end of its term, then you authorize FigtoWP to charge the Payment Account for all Fees for the remainder of such initial term.
- 5. Automatic Renewal: ALL SERVICES ARE OFFERED ON AUTOMATIC RENEWAL. AUTOMATIC RENEWAL AUTOMATICALLY RENEWS THE APPLICABLE SERVICE UPON EXPIRATION OF THE THEN CURRENT TERM FOR A RENEWAL PERIOD. UNLESS YOU DISABLE THE AUTOMATIC RENEWAL OPTION, FIGTOWP WILL AUTOMATICALLY RENEW THE APPLICABLE SERVICE WHEN IT COMES UP FOR RENEWAL AND WILL TAKE PAYMENT FROM THE PAYMENT ACCOUNT. RENEWALS WILL BE CHARGED AT FIGTOWP’S THEN CURRENT RATES, WHICH YOU ACKNOWLEDGE AND AGREE MAY BE HIGHER OR LOWER THAN THE RATES FOR THE ORIGINAL SERVICE PERIOD. IF YOU DO NOT WISH FOR ANY SERVICE TO AUTOMATICALLY RENEW, YOU MAY ELECT TO CANCEL RENEWAL, IN WHICH CASE, YOUR SERVICES WILL TERMINATE UPON EXPIRATION OF THE THEN CURRENT TERM.
- Termination: Except as otherwise provided herein, you or FigtoWP may terminate this Agreement at any time for any reason, with or without cause, upon thirty days’ written notice. You may terminate your account by notice to FigtoWP. FigtoWP may suspend performance under or terminate this Agreement immediately and without notice:
a. If FigtoWP, in its sole discretion, deems that you have breached any part of this Agreement,
b. If your Payment Account provider refuses payment of fees or charges or you refuse authorization for same, or
c. If payment for the Services is more than fifteen days overdue.
Fees
- Fee Schedule: Services are subject to Fees, pursuant to the Fee Schedule, and by registering for such Services you authorize FigtoWP to debit your Payment Account for any and all such fees.
- Due: Fees are due in accordance with the terms on the Fee Schedule, in advance of the provision of services, not later than the first of the month they are due.
- Change Order: You may request changes in the Services at any time prior to completion. All changes will be documented in a Change Order before the change is executed. FigtoWP has the right (but not the obligation) to refuse requests for a Change Order, in its sole discretion.
- Payment Account: All Fees must be paid in United States Dollars in advance of the provision of services. FigtoWP will charge the Fees (including without limitation the monthly Fee, Fees for Extended Term Packages, and Fees for Minimum Term Packages), and any additional Fees to the Payment Account unless specifically provided otherwise. You also agree that FigtoWP may automatically debit your Payment Account, without further authorization from you, for any renewal term, additional services, and any fees, taxes, or expenses applicable to Your Services. If payment in full is not received by FigtoWP from the provider of your Payment Account or its agents, you agree to pay all amounts due from you for Your Services upon demand by FigtoWP.
- Promotional Rates: FigtoWP may offer subsequent promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for Your Services. Any such promotions or modifications shall not affect your obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Promotional fees and special offers may not be combined.
- Collections: You shall pay all costs of collection, including reasonable attorney’s fees and costs, in the event any Fees requires collection efforts.
- International Customers: International Customers bear the risk of currency fluctuations and any fees or taxes associated with the conversion of foreign currencies into United States Dollars. Certain Services will not be available to International Customers until FigtoWP is able to receive satisfactory confirmation from such customer’s Payment Account provider, in FigtoWP’s sole discretion, that the funds will be available for debit from the International Customer’s account.
- Refunds: You agree to pay all Fees due for Services at the time you purchase them. All amounts are non-refundable. FigtoWP may, in its sole discretion, refund other amounts as it deems necessary or advisable.
- Price Changes: FigtoWP reserves the right to change its prices and fees at any time, and such changes shall either be posted online at the Site and effective immediately without need for further notice to you or notice shall be provided to you by email. If you have purchased or obtained Services for a period, then changes in prices and fees shall be effective when the Services in question come up for automatic renewal.
Ownership
You are, and shall be, the sole and exclusive owner of all right, title, and interest in and to the work product delivered to you or prepared by or on behalf of FigtoWP in the course of performing the Services.
General Rules of Conduct
You acknowledge and agree that:
1 .Your use of the Site and the Services, including any domain, documents, materials, data, content, and other information you submit (“Input Material”), will comply with this Agreement, any applicable Services Agreement or policy that may apply to your Services and all applicable Laws.
2. You will not perform any false, abusive, or fraudulent activity.
3. You will not use the Site or the Services in a manner (as determined by FigtoWP in its sole and absolute discretion) that:
a. Is illegal, or promotes or encourages illegal activity;
b. Promotes, encourages, or engages in the exploitation of children, or any activity related to the proliferation of child sexual abuse material;
c. Promotes, encourages, or engages in terrorism, violence against people, animals, or property;
d. Promotes, encourages, or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
e. Promotes, encourages, or engages in the sale or distribution of prescription medication without a valid prescription;
f. Promotes or facilitates prostitution and/or sex trafficking;
g. Infringes on the intellectual property rights of another person or entity;
h. Violates the privacy or publicity rights of another person or entity, or breaches any duty of confidentiality that you owe to another person or entity;
i. Interferes with the operation of the Site or the Services;
j. Contains or installs any viruses, worms, bugs, Trojan horses or other code, files, or programs designed to, or capable of, disrupting, damaging, or limiting the functionality of any software or hardware; or
k. Contains false or deceptive language, or unsubstantiated or comparative claims, regarding FigtoWP or the Services.
Representations and Warranties
You acknowledge and agree that:
- You represent and warrant that you are over eighteen years of age (twenty-one in places where eighteen years is not the age of majority) and are fully competent to enter into this Agreement.
- If you are entering into this Agreement on behalf of a legal entity, you represent and warrant that you have the legal authority to bind such legal entity to the terms and conditions contained in this Agreement. FigtoWP shall not be liable for any loss or damage resulting from FigtoWP’s reliance on any instruction, notice, document, or communication reasonably believed by FigtoWP to be genuine and originating from an authorized representative of your legal entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document, or communication, FigtoWP reserves the right (but undertakes no duty) to require additional authentication from you.
- Ownership and Use of Intellectual Property
- You represent and warrant that the property and any copyright or other intellectual property rights in the Input Material belong to you.
- You represent and warrant that any Input Material (including any part of the domain name used in connection with the Services) and its use by FigtoWP for the purpose of providing the Services will not violate any laws or infringe the trademark, copyright, or other rights of any third party, and you shall indemnify FigtoWP against any loss, damages, costs, expenses, or other claims arising from any such infringement or violations. FigtoWP may refuse to accept any Input Material for any reason, including without limitation if FigtoWP believes, in its sole discretion, that the Input Material is obscene or otherwise offensive, violates any laws, or infringes third party rights, and may terminate the provision of the Services.
- You shall be responsible for the legality, accuracy, and appropriateness of all Input Material. You shall not provide to FigtoWP any Input Material that is obscene, defamatory, harassing, offensive, malicious, or that actually or infringes the proprietary or intellectual property rights (including, but not limited to, trademarks, trade names, copyrights, patents, domain registration rights, and trade secrets) of any third party. FigtoWP has the right to reject any Input Material that it believes, in its sole discretion, is obscene or otherwise violates the aforementioned restrictions, provided, however, that acceptance by FigtoWP of any Input Material does not constitute a legal opinion that the Input Material does not violate any of the aforementioned restrictions.
- You grant to FigtoWP and its design agents all necessary rights and licenses to enable FigtoWP to carry out its obligations and to allow FigtoWP to make a reasonable number of archival/back-up copies as deemed necessary by FigtoWP. FigtoWP is not responsible for returning any Input Material submitted, nor for providing back-up copies to you.
FIGTOWP's Rights
- FigtoWP may reject, lock, or delete Input Material if, in FigtoWP’s sole discretion, FigtoWP believes that the Input Material could result in a breach of this Agreement, or is otherwise impermissible under relevant Laws or may result in claims from third parties.
- FigtoWP reserves the right to refuse to provide the Services for any reason at its sole discretion.
- FigtoWP shall have the right to display your website or the product of the Services on the Site as an example of the work FigtoWP is able to provide for its customers.
- In order for SEO services to be effective, FigtoWP must have website credentials and site access in order to make on-site changes. By agreeing to this Agreement, you are hereby granting permission to post on your behalf on your site, for SEO purposes.
Confidentiality, Trademark and Copyright
- During the course of this Agreement, you may gain access to certain confidential, proprietary, and trade secret business or technical information belonging to FigtoWP in connection with FigtoWP’s performance of the Services (“Confidential Information”). You agree to preserve the confidentiality of all Confidential Information that is provided in connection with the Agreement, and shall not, without the prior written consent of FigtoWP, disclose or make available to any person, or use for your own or any other person’s benefit, other than as necessary in performance of your obligations under this Agreement, any Confidential Information of FigtoWP. FigtoWP retains all right and title to such Confidential Information.
- FigtoWP is a service mark of FigtoWP Global, LLC. All rights reserved. The trademarks, logos, and service marks displayed (collectively, the “Marks”) belong to FigtoWP and/or its affiliates or third parties which have licensed those rights to FigtoWP (“Partners”); FigtoWP and Partners retain all rights to the Marks and nothing in this Agreement grants you or anyone else any right whatsoever to the use of the Marks. You may not use, reproduce, or display any Marks without their owner’s prior written consent. All other trademarks, product names, and company names and logos appearing on the Site are the property of their respective owners.
Links to Third-Party Websites
The Site and the Services may contain links to third-party websites that are not owned or controlled by FigtoWP. FigtoWP assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, FigtoWP does not censor or edit the content of any third-party websites. By using the Site or the Services, you expressly release FigtoWP from any and all liability arising from your use of any third-party website. Accordingly, FigtoWP encourages you to be aware when you leave the Site or the Services and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.
No Warranties by Figtowp
THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. FIGTOWP DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES FIGTOWP MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICES. NO WARRANTY IS MADE BY FIGTOWP REGARDING ANY INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS AGREEMENT, AND FIGTOWP HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: (1) ANY WARRANTIES AS TO THE AVAILABILITY, QUALITY, QUANTITY, OR CONTENT OF SERVICES OR GOODS PROVIDED TO YOU HEREUNDER, INCLUDING BUT NOT LIMITED TO YOUR SERVICES AND YOUR WEBSITE; AND (2) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FIGTOWP DOES NOT GUARANTEE THAT ANY CONTENT, INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE THROUGH THE SERVICES WILL BE FREE OF VIRUSES, “WORMS,” “TROJAN HORSES,” OR OTHER HARMFUL COMPONENTS. YOU AGREE AND ACKNOWLEDGE THAT NO REPRESENTATIONS OF ANY KIND HAVE BEEN MADE TO YOU REGARDING THE POTENTIAL VOLUME OF PATRONAGE OF YOUR WEBSITE OR ANY OTHER PERSON’S OR ENTITY’S WEBSITE OR WEB PAGE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY FIGTOWP, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THE SITE OR THE SERVICES, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THE SITE OR THE SERVICES.
Figtowp's Limited Liability
YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE AND TERMINATE THIS AGREEMENT. IN NO CASE SHALL FIGTOWP, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF OR OTHERWISE RELATING TO THE SERVICES. SOME COUNTRIES, STATES, OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH COUNTRIES, STATES, OR JURISDICTIONS, FIGTOWP’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, FIGTOWP DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED OR OTHERWISE ACCESSED USING THE FIGTOWP SERVICES, AND FIGTOWP WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTIES. YOU HEREBY RELEASE FIGTOWP FROM ANY AND ALL OBLIGATIONS, LIABILITY, AND CLAIMS IN EXCESS OF THESE LIABILITY LIMITATIONS. THE TOTAL LIABILITY OF FIGTOWP FOR BREACH OF WARRANTY ARISING OUT OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY IN TORT, OR ANY OTHER CLAIM RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL SERVICE FEES PAID BY YOU TO FIGTOWP IN THE SIX MONTHS PRECEDING SUCH ALLEGED BREACH. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL FIGTOWP’S TOTAL AGGREGATE LIABILITY EXCEED $100 U.S. DOLLARS. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THE SITE OR THE SERVICES.
Your Indemnification of Figtowp
You agree to protect, defend, indemnify, and hold harmless FigtoWP and its officers, directors, employees, agents, and third-party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities, and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by FigtoWP directly or indirectly arising from
(i) your use of and access to the Site or the Services;
(ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or
(iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right.
The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of the Site or the Services. You agree that FigtoWP shall have the right to participate in the defense of any such claim through counsel of its own choosing at your expense.
Discontinued Services
FigtoWP reserves the right to cease offering or providing any of the (i) Services or (ii) individual features, functionalities, or aspects of the Services at any time, for any or no reason, and without prior notice.
FigtoWP will not be liable to you or any third-party for any modification, suspension, or discontinuance of any of the (i) Services or (ii) individual features, functionalities, or aspects of the Services we may offer, provide or facilitate access to.
No joint Venture or Partnership
Nothing in this Agreement is intended by the Parties to create or constitute an agency, joint or collaborative venture, or partnership of any kind between FigtoWP and you, nor shall anything in this Agreement be construed as constituting or creating any such agency, joint or collaborative venture, or partnership between FigtoWP and you. FigtoWP shall have no control or ownership interests of any kind in your business. FigtoWP’s relationship to you shall be restricted to matters pertaining to the provision of the Services as set forth in this Agreement.
Figtowp has made no Representations Regarding Success, Profitability, or Compliance
You confirm, understand, acknowledge, and expressly agree that neither FigtoWP, any agent or representative of FigtoWP, nor any other person is currently representing or otherwise directly or indirectly communicating in any manner herein or otherwise, nor has at any time in the past, represented to you or has otherwise directly or indirectly communicated in any manner to you any guarantee, reassurance, or any other communication of any kind regarding:
- the potential profitability, marketability, or likelihood of success of your endeavors through the use of the Services as set forth herein or otherwise;
- the possibility or likelihood that use of any services provided by FigtoWP pursuant to this Agreement can or will result in the recoupment of any funds expended by you for any purpose;
- or the existence, nonexistence, size, or any other characteristics of any market for any products or services which involve your use, in any manner, of the Services pursuant to this Agreement.
You expressly acknowledge and agree that the success of any business endeavors which involve your use, in any manner, of the Services pursuant to this Agreement, like any other business endeavor, is subject to numerous factors, such as the effectiveness of its advertising and promotion, your administrative capabilities, etc., and that the ultimate success or failure of your business rests with you and not FigtoWP. You further expressly agree not to raise any claim of any kind against FigtoWP and to hold FigtoWP harmless from any claim of financial investment or other loss to you directly or indirectly resulting from your decision to use the Services pursuant to this Agreement.
Search engines ultimately choose which rankings are assigned to websites. FigtoWP cannot guarantee rankings on search engines.
FigtoWP makes no representation or warranty with respect to compliance with Web Content Accessibility Guidelines or other Laws.
Services rendered on a Non-Exclusive Basis
Any and all services provided to you by FigtoWP pursuant to this Agreement, including the licensure of rights herein, are non-exclusive. Nothing in this Agreement shall limit or restrict FigtoWP from providing similar services and granting similar licenses to third parties, regardless of whether such third parties are your competitors. FigtoWP retains the right to engage in activities similar to yours or in competition with you.
No Editorial Control by Figtowp
FigtoWP shall not exert any editorial or other subjective control over the substantive content of Your website. FigtoWP does not monitor Your website and exercises no control over information found on the internet. FigtoWP cannot be held responsible for the accuracy, correctness, or legality of such information. You are solely responsible for the content of Your website and for verifying the accuracy and suitability of information and services obtained from third parties via the internet.
Privacy
It is FigtoWP’s policy to respect your privacy. FigtoWP will not monitor, edit, or disclose any personal information about you or your account, including its contents, without your prior consent unless FigtoWP deems it necessary, in its sole discretion, to:
comply with legal process or other legal requirements, including but not limited to responding to civil or criminal subpoenas, search warrants, national security letters, or other requests for information from law enforcement officials;
protect and defend the rights or property of FigtoWP or its officers, agents, affiliates, and licensees;
enforce this Agreement; or protect the interests of other FigtoWP customers.
NOTWITHSTANDING THE PROVISIONS OF THIS AGREEMENT TO THE CONTRARY, FIGTOWP RESERVES THE RIGHT (SUBJECT TO APPLICABLE LOCAL LAW), IN ITS SOLE DISCRETION, TO MONITOR YOUR ACCOUNT FOR THE PURPOSE OF INVESTIGATING VIOLATIONS OF THIS AGREEMENT OR TO ASSIST WITH CRIMINAL OR CIVIL INVESTIGATIONS.
For a more detailed description of the types and uses of personal information collected from you, please read the FigtoWP Privacy Policy.
INTERNATIONAL CUSTOMERS UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED BY FIGTOWP IN THE UNITED STATES OF AMERICA. YOU FURTHER AGREE THAT THE PERSONAL INFORMATION WHICH YOU GIVE FIGTOWP WILL BE TRANSFERRED TO AND MAINTAINED IN THE UNITED STATES AND OTHER COUNTRIES, INCLUDING WITHOUT LIMITATION COUNTRIES IN THE EUROPEAN UNION AND ELSEWHERE. IF YOU DO NOT CONSENT TO THE TRANSFER OF YOUR PERSONAL INFORMATION INTO AND OUT OF THE UNITED STATES, DO NOT ACCEPT THIS AGREEMENT FOR FIGTOWP. YOU FURTHER UNDERSTAND AND AGREE THAT REGARDLESS OF YOUR COUNTRY OF RESIDENCE, FIGTOWP MAY DISCLOSE
PERSONAL INFORMATION ABOUT YOU AND YOUR WEBSITE PURSUANT TO THIS SECTION, AND YOU EXPLICITLY WAIVE ANY RIGHTS TO PRIVACY OR PROTECTION OF PERSONAL DATA RELATING TO SUCH INFORMATION TO THE FULLEST EXTENT PERMITTED UNDER NATIONAL AND INTERNATIONAL LAW.
Severability
If any provision of this Agreement is found to be invalid, illegal, or unenforceable for any reason, such invalidity, illegality, or unenforceability shall not affect the validity of the remaining provisions of this Agreement. The Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been included. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the other provisions.
Non-Enforcement Does Not Constitute waiver
Failure of FigtoWP at any time to enforce any specific provision of this Agreement shall not waive the right to enforce such provision in the future or any other provision of this Agreement. Any waiver of a breach of this Agreement must be in writing and signed by a duly authorized representative of FigtoWP.
You acknowledge and agree that FigtoWP reserves the right to use a third-party service provider (the “Service Provider”) in providing the Services to you and that, where applicable, the Service Provider shall have certain rights and be subject to certain obligations under this Agreement.
Notices
FigtoWP may provide notice to you via email sent to the email address provided by you upon registration or as subsequently provided by you to FigtoWP. Such notice is deemed effective whether you receive it or not and shall be considered written notice for the purposes of this Agreement.
Force Majeure
In the event of “force majeure” (as defined below), FigtoWP may terminate this Agreement without liability to you. For purposes of the Agreement, “force majeure” shall mean circumstances or occurrences beyond FigtoWP’s reasonable control, whether or not foreseeable at the time of entering into the Agreement, in consequence of which FigtoWP cannot reasonably be required to perform its obligations hereunder or otherwise perform its obligations under the Agreement. Such circumstances or occurrences include, but are not limited to: acts of God, war, civil war, insurrection, fires, floods, labor disputes, epidemics, governmental regulations and/or similar acts, embargoes, termination or temporary unavailability of any computer hardware or software, server, or network on which the Services are located or maintained or through which the Services are provided, and nonavailability of any permits, licenses and/or authorizations required by governmental authority. FigtoWP reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that FigtoWP shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the
Services. Assignment; Successors; Third-Party Beneficiaries
This Agreement and the rights pertaining hereto may not be assigned, resold, or otherwise transferred in whole or in part by you without FigtoWP’s prior written consent. FigtoWP may assign or license any or all of its rights and/or obligations hereunder in its free, sole, and unfettered discretion. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
Arbitration and Waiver of Jury Trial
ANY AND ALL DISPUTES AS TO THE INTERPRETATION OF OR ANY PERFORMANCE UNDER THIS AGREEMENT WHICH ARE NOT FIRST RESOLVED INFORMALLY, SHALL BE DETERMINED BY BINDING ARBITRATION IN WEST PALM BEACH, FLORIDA IN ACCORDANCE WITH THE RULES OF JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC (“JAMS”) AND IN ACCORDANCE WITH THE RULES OF JAMS. Any award arising out of such arbitration shall be subject to entry as a judgment by any court of competent jurisdiction in the United States. Any action to confirm or vacate such an award must be brought in either the Palm Beach County, Florida or the United States District Court for Wes Palm Beach – Southern District of Florida. You consent to personal jurisdiction and venue in such courts and you waive any challenge to personal jurisdiction or venue in such courts. You further agree that FigtoWP shall be entitled to collect its attorneys’ fees, costs and other expenses in the event that FigtoWP acts to enforce this arbitration and forum selection clause, regardless of whether FigtoWP prevails in the underlying action. The final award in any such arbitration proceeding shall be subject to entry as a judgment by any court of competent jurisdiction, provided that such judgment does not conflict with the terms and provisions hereof. The jurisdiction of the arbiter (or arbiters) with respect to legal matters shall be limited only by the statutory and common law of the State of Florida and the federal law of the United States of America. There are no exceptions to these mandatory arbitration provisions except as set forth in Sections 24.2 and 24.3.
Notwithstanding the provisions of Section 24.1, if you fail to timely pay amounts due FigtoWP may assign your account for collection and the collections agency may pursue such claims in court limited strictly to the collection of the past due debt and any interest or cost of collection permitted by Law or this Agreement.
Nothing in Section 24.1 shall preclude FigtoWP from: (i) seeking and obtaining any injunctive relief or attachment and expedited discovery or other equitable relief to enforce the terms of this Agreement or to remedy a breach thereof, or (ii) bringing an action to enforce this Agreement or the provisions hereof in the event JAMS will not or cannot arbitrate a particular dispute. Any action under this Section 24.3 may be brought in either the Palm Beach County, Florida or the United States District Court for Wes Palm Beach – Southern District of Florida, and each party consents to the in personam jurisdiction of such Courts for the purpose of any such action or proceeding.
Each party hereby waives all rights it has or which may hereafter arise to contest such exclusive jurisdiction of the Palm Beach County, Florida or the United States District Court for Wes Palm Beach – Southern District of Florida. In addition to the foregoing, YOU HEREBY AGREE THAT AS A PART OF THE CONSIDERATION FOR THIS AGREEMENT, YOU WAIVE THE RIGHT TO A TRIAL BY JURY FOR ANY DISPUTE ARISING BETWEEN YOU AND FigtoWP THAT IS IN ANY WAY RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, and that such waiver shall be enforceable up to and including the day that trial is to start, and even if the arbitration provisions of this paragraph are waived.
Neither you nor FigtoWP may be a representative of other potential claimants or a class of potential claimants in any dispute concerning or relating to this Agreement, nor may two or more individuals’ disputes be consolidated or otherwise determined in one proceeding. YOU AND FigtoWP ACKNOWLEDGE THAT THIS SECTION 24.5 WAIVES ANY RIGHT TO PARTICIPATION AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLASS ACTION.
This Agreement shall be interpreted according to the laws of the State of Florida, United States of America, and, where applicable, the federal law of the United States of America, without regard to conflicts of law principles.
Entire Agreement
This Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof, and supersedes and cancels all other prior agreements, discussions, or representations, whether written or oral. No officer, employee, or representative of FigtoWP or you has any authority to make any representation or promise in connection with this Agreement or the subject matter thereof which is not expressly contained in this Agreement. FigtoWP and you acknowledge and agree that neither FigtoWP nor you have executed this Agreement in reliance upon any such representation or promise.
Modification
This Agreement may be materially altered by FigtoWP, in its sole and absolute discretion, by posting the new version of the Agreement on the Site, and if posted in this manner, shall be effective immediately upon posting such notice. In the event that FigtoWP does materially change the terms of this Agreement, you accept and shall be bound by such changed terms unless you opt to terminate the Agreement within thirty days of the posting of notice of such change. FigtoWP reserves the right to modify, change, or discontinue any aspect of the Services, including without limitation prices and fees for the same, at any time. You may not modify this Agreement, in whole or in part, and any such modification or attempt to modify shall not be enforceable unless reduced to writing and signed by a duly authorized representative of FigtoWP. No additional or conflicting term in any other document used by you will have any legal effect.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or this Agreement must be filed within one year after such claim or cause of action arose, or it will be forever barred.
