Fulfilled Terms and Conditions of Use
Please read these Terms and Conditions of Use (the “Agreement”) carefully before using the Site. This Agreement sets forth the legally binding terms and conditions for your use of the Site, and your use of any other features, content, or applications offered from time to time in connection with the Site, excluding Third Party Content (defined below) not provided by us but accessible from the Site (collectively, the “Services”). By viewing or otherwise using the Site or Services, you agree to be bound by this Agreement. Use of the Site and Services are subject to acceptance without modification of (a) all of the terms and conditions contained in this Agreement, (b) all other operating rules, policies and procedures that may be published from time to time on the Site or through the Services and (c) all additional terms and conditions that may be promulgated by us from time to time with respect to certain Services offered by us on the Site, which are all incorporated into this Agreement by reference. If you are a financial advisor accessing the Services on behalf of your customer or another entity, you represent and warrant that you have the authority to agree to these Terms on their behalf.
By registering for the Services, you represent and warrant that if you are an individual, you are at least 18 years old. The Site and Services are available only to individuals who are at least 18 years old. We reserve the right to change our eligibility criteria at any time, and we may, in our sole discretion, refuse to offer any portion of or all of the Site and/or Services to any person or entity or change his/her/its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site and Services is revoked in such jurisdictions.
We reserve the right in our sole discretion to (A) change, modify, add, or delete portions of this Agreement, (B) change, suspend, limit or discontinue any portion of or all of the Site and/or Services (including, without limitation, the availability of any feature, database or content), and/or (C) charge for any portion of or all of the Site and/or Services, in each case, at any time. We will provide notice of such changes only by posting the updated Agreement on our Site and changing the “last updated” date listed above, by posting a notice on the Site or by sending you an email. This Agreement applies exclusively to your access to, interaction with, and use of, the Site and Services and does not alter in any way the terms or conditions of any other agreement you might have with us for certain products or services, or otherwise. We encourage you to review our Agreement each time you visit the Site or use a Service to see if it has been updated since your last visit. By clicking an “I Accept” button, or accessing or using the Site and/or the Services following a reposting of the changed Agreement or a posted notice from us or your receipt of an email from us notifying you of any changes to the Agreement constitutes acceptance of those changes.
If you have any questions regarding the use and features of the Site, please refer to the “Frequently Asked Questions” section of our Site. All other questions or comments about the Site should be directed to email@example.com.
In order to access or use some features of the Sites, you will have to create a user account (a “User Account”). If you are under the age of 18, you are not permitted to register as a user or otherwise submit information to us. To create a User Account you must provide true, accurate and complete registration information (which shall be included in the definition of Private Submitted Items) and, if such information changes, promptly update the relevant registration information. During registration for a User Account, you will create a user name and password (“Account Information”), which may permit you access to certain areas of the Site not available to persons without a User Account. We reserve the right to refuse registration of, or cancel a User Account, in our sole discretion.
You are responsible for safeguarding and maintaining the confidentiality of your Account Information. You are solely responsible for the activity that occurs under your User Account and using your Account Information, whether or not you have authorized the activity. You agree to notify us immediately at firstname.lastname@example.org of any breach of security or unauthorized use of your User Account or your Account Information.
Fulfilled’s Proprietary Rights
During the term of the Agreement and subject to the Agreement, we hereby grant you a non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Site and the Services for your personal, non-commercial, internal use only. For avoidance of doubt, such right shall automatically terminate upon the termination of the Agreement. You may not copy, rent, lease, lend, sell, redistribute, sublicense or assign the Site or the Services.
You agree that the access rights you have been granted prohibits you from using the Site or Services for any illegal or unauthorized purpose. You will make every reasonable effort to prevent unauthorized third parties from accessing the Site or Services. You represent and warrant that you will not breach the security of the Software (defined below) or the Services or attempt to gain unauthorized access to or interfere with operation of the Software or Services or with any other person’s use of the Software or Services.
Additionally, you shall not: (a) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or its third party providers’) infrastructure; (b) interfere or attempt to interfere with the proper working of the Site and/or Services; (c) bypass any measures we may use to prevent or restrict access to any portion of the Site and/or Services (or other accounts, computer systems or networks connected to any of the Site and/or Services); or (d) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Sites.
Furthermore, you shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Software, Site or Services, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Software, Site or Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
All materials on the Site and available through the Services other than Private Submitted Items and Public Submitted Items (as defined below), including, without limitation, the Fulfilled logo, design, data, text, graphics, photographs, videos, audio clips, written post and comments, scripts, other files, and the selection and arrangement thereof (collectively, “Our Content”) are the proprietary property of the Company or its affiliates or licensors. You may electronically copy and print to hard copy Our Content for the sole purpose of using materials on the Site for informational, non-commercial, personal and internal use only, provided you keep all copyright and other proprietary notices intact. Any other use of Our Content, including any commercial use or reproduction for purposes other than described above, or modification, distribution, republication, display, or performance of such materials, without our prior written consent is strictly prohibited.
Trademarks and Other Intellectual Property
“fulfilledrelationships.com,” “Fulfilled,” and other trademarks on the Site and available through the Services are trademarks or service marks of the Company or its affiliates or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written consent of the Company. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of the Company, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
The Company might have patents, trademarks, service marks, copyrights, or other intellectual property rights covering subject matter in the pages of the Site and any software underlying the Site and/or the Services (the “Software”). Our providing you with access to the Site or any Services does not give you any license to the Software or any of our other intellectual property. Any rights not expressly granted herein are reserved for us.
Hyperlinks and RSS Feeds
You are granted a limited, nonexclusive right to create a hyperlink to the Site except where user login is required, provided such link does not portray the Company or the Site or any of the Company’s products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any Company trademark, logo, or other proprietary information, including the images found on the Site or through a Service, the content of any text, or the layout/design of any page or form contained on any page of the Site or available through a Service, without the Company’s prior written consent. Except as noted above or as otherwise expressly provided in this Agreement, you are not conveyed any right or license, by implication, estoppel or otherwise, in or under any patent, trademark, copyright, or proprietary right of the Company or any third party.
The Company may provide access to portions of the Site via RSS feeds; for the purposes of this Agreement, such access constitutes use of the Site. We ask that you use these features respectfully, as outlined in this Agreement. You may not use these or any other features or the Site or Services themselves to allow the display of a substantial portion of or reproduce, duplicate or copy any of the Site. We reserve the right to change these features at any time and to disable access to the feeds at any time for any reason.
Third-Party Content & Services
User Conduct in Public Areas of the Site/Services
- The Site or Services may include public discussion forums and other public interactive areas. All such public forums and interactive areas shall be used only for non-commercial purposes. You are solely liable for any comment, feedback, postcard, suggestion, idea, note, drawing, concept, and/or other information, content, material or other item (each, a “Public Submitted Item”) you upload or transmit to and for your activity in connection with the public discussion forums or interactive areas of the Site or the Service. By way of example, and not as a limitation, you agree not to use the Site to do any of the following:
- 1.1 Upload, post, e-mail, transmit, publish or otherwise distribute or make available any message, information, text or other material (“Material”) that may be considered to be unlawful, harmful, libelous, tortious, defamatory, obscene, vulgar, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, hateful, or racially, ethnically or otherwise objectionable;
- 1.2 Upload, post, e-mail, transmit, publish or otherwise distribute or make available any Material that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ;
- 1.3 Upload, post, e-mail, transmit, publish or otherwise distribute or make available any Material that might infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party;
- 1.4 Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- 1.5 Without Company’s written permission, upload, post, e-mail, transmit, publish or otherwise distribute or make available any unsolicited or unauthorized promotions, advertising or solicitations for funds, goods or services, including junk mail, spam, and chain letters;
- 1.6 Harm minors in any way; or
- 1.7 Upload, post, e-mail, transmit, publish or otherwise distribute or make available any Material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of the Company or any third party.
By submitting, disclosing, or offering any Public Submitted Item to us, either online or offline and whether or not solicited by us, including, without limitation, through your participation in a discussion forum or in an interactive area of the Site (but excluding all Private Submitted Items), you hereby grant and agree to grant to us an irrevocable, nonexclusive, perpetual, worldwide, royalty-free, fully paid-up, sublicensable and transferable right and license to use, display, perform, modify, reproduce, publish, distribute, make derivative works of, and otherwise commercially and non-commercially exploit your Public Submitted Items (and all copyright, trade secret, trademark, or other intellectual property rights therein), in any medium now existing or hereafter developed (including but not limited to print, film, or electronic storage devices), in connection with the Site, the Services and/or the Company’s (and its successors’ and assigns’) business, including without limitation for promoting and redistributing part or all of the Site and the Services (and derivative works thereof) or the Services in any media formats and through any media channels (including, without limitation, third party websites), in each case, without compensation of any kind to you or any third party. You also hereby grant and agree to grant each user of the Site and/or the Services a non-exclusive right to access your Public Submitted Items through the Site and the Services and to use such Public Submitted Items as permitted through the functionality of the Site and the Services and under this Agreement.
YOU HEREBY REPRESENT AND WARRANT THAT (A) YOU HAVE ALL NECESSARY RIGHT, POWER, AND AUTHORITY TO GRANT THE LICENSE SET FORTH HEREIN TO YOUR SUBMITTED ITEMS, AND (B) USE OF YOUR SUBMITTED ITEMS BY THE COMPANY AND WITH RESPECT TO PUBLIC SUBMITTED ITEMS, THE USERS OF THE SITE AND/OR SERVICES (INCLUDING, WITHOUT LIMITATION, PUBLISHING CONTENT ON OR AT THE SITE) WILL NOT VIOLATE, MISAPPROPRIATE, OR INFRINGE ANY COPYRIGHT, TRADE SECRET, TRADEMARK, PRIVACY, PUBLICITY, CONTRACT OR OTHER RIGHTS OF ANY THIRD PARTY. YOU WILL TAKE, AT YOUR OWN EXPENSE, ANY FURTHER ACTION (INCLUDING, WITHOUT LIMITATION, EXECUTION OF AFFIDAVITS AND OTHER DOCUMENTS) REASONABLY REQUESTED BY THE COMPANY TO EFFECT, PERFECT, AND CONFIRM THE LICENSE GRANTED TO THE COMPANY TO YOUR PUBLIC SUBMITTED ITEMS AS SET FORTH HEREIN.
Publication or use of any Public Submitted Items is at the sole discretion of the Company and the Company is under no obligation to publish or use any Public Submitted Item. If your Public Submitted Item is published and/or posted on the Site or otherwise used by the Company we may include your user name in conjunction with such publication, posting, or other use. By submitting, disclosing, or offering a Public Submitted Item, you hereby grant the Company the right to use your user name in connection with the publication, posting or other use of your Public Submitted Item. You must include your full name and e-mail address with your Submitted Item so we can contact you if we have any questions about your Public Submitted Item; however, only your user name will be published with your Public Submitted Item. The Company may include your name, likeness, photo, biographical information and/or other information in connection with the publication of your Public Submitted Item, if agreed upon by you.
The Company does not endorse and has no control over any Submitted Items. The Company has the right, but not the obligation, to monitor the Site, Services and/or Submitted Items. The Company may remove any Submitted Items at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Submitted Items), or for no reason at all. Under no circumstances will the Company be liable in any way for any Submitted Items, including, but not limited to, any errors or omissions in any Submitted Items, or any loss or damage of any kind incurred in connection with use of or exposure to any Submitted Items posted, emailed, accessed, transmitted or otherwise made available via the Site and/or Services.
The Company is explicitly not responsible for the manner or circumstances by which third parties access or use Public Submitted Items from you or any other person and is under no obligation to disable or otherwise restrict this access.
In the event that you have a dispute with one or more users of the Site or Services, you release the Company (and its officers, directors, employees and agents) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
THE SITES, SERVICES AND THE CONTENT AVAILABLE ON OR THROUGH THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND YOU AGREE USE OF THE SITE, SERVICES AND CONTENT AVAILABLE ON OR THROUGH SUCH SITE AND SERVICES IS AT YOUR SOLE RISK. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT CONTENT AVAILABLE ON OR THROUGH THE SITE AND/OR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. THE COMPANY ALSO DOES NOT REPRESENT OR WARRANT THAT (A) THE SITE OR THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR (C) THE SITE OR SERVICES ARE FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by the Company.
Medical, Legal and Emergency Advice Disclaimer
FULFILLED IS NOT A LICENSED HEALTHCARE PROVIDER, MEDICAL PROFESSIONAL, LAW FIRM, OR FINANCIAL ADVISORY FIRM, AND THE EMPLOYEES OF FULFILLED ARE NOT ACTING AS YOUR HEALTHCARE PROVIDERS, MEDICAL PROFESSIONALS, ATTORNEYS, OR FINANCIAL ADVISORS. THE SERVICES ARE NOT, AND SHOULD NEVER BE, A SUBSTITUTE FOR THE ADVICE OF A LICENSED HEALTHCARE PROVIDER, MEDICAL PROFESSIONAL, ATTORNEY, OR FINANCIAL ADVISOR. FULFILLED CANNOT AND DOES NOT PROVIDE MEDICAL, LEGAL, OR FINANCIAL ADVICE. FULFILED IS NOT PERMITTED TO ENGAGE IN THE PRACTICE OF MEDICINE, LAW, OR FINANCIAL ADVISING. FULFILLED IS PROHIBITED FROM PROVIDING ANY KIND OF ADVICE, EXPLANATION, OPINION OR RECOMMENDATION TO YOU ABOUT (A) POSSIBLE DIAGNOSES, MEDICAL CONDITIONS, MEDICAL TREATMENT, LIFE EXPECTANCY, OR PROGNOSES; (B) LEGAL RIGHTS, REMEDIES, DEFENSES, OPTIONS, SELECTION OF FORMS OR STRATEGIES; OR (C) ANY KIND OF ADVICE, EXPLANATION, OPINION OR RECOMMENDATION ABOUT POSSIBLE FINANCIAL INVESTMENTS OR STRATEGIES.
In other words: Fulfilled does not and cannot provide medical, legal or financial services, and should never be used as a substitute for the advice of a licensed professional.
We provide the Site and Services and permit the communication of information, comments, content and data using the Site and Services for informational purposes only. Neither the Company nor any other person or entity contributing information to the Site or Services, including but not limited to our affiliates and our and their respective stockholders, members, directors, managers, officers, employees or agents, is providing any legal or medical advice or professional training on or through the Site or Services and the information should not be so construed or used.
You represent and warrant that you fully understand and acknowledge that the Site and Services are:
- dependent upon a number of factors outside our control, including but not limited to, the operation of third party provided hardware, software and network services;
- not a substitute for professional legal and medical advice; and
- not expected to perform at the same level of performance and/or reliability one might expect from legal or medical services used in the delivery of critical legal advice or medical care environments.
In other words: Anything you access through Fulfilled is for informational purposes only, and you won’t use it as personalized advice.
Limitation of Liability
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES OR LICENSORS (INCLUDING, WITHOUT LIMITATION, CONTENT PROVIDERS), OR ANY OF ITS OR THEIR OFFICERS, DIRECTORS, STOCKHOLDERS, CREDITORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS, OR SUPPLIERS BE LIABLE FOR ANY (A) SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR RELIANCE DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR (B) DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $1.00, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, USE OF, OR INABILITY TO USE, THE SITE, SERVICES OR CONTENT CONTAINED ON, OR ACCESSED THROUGH, THE SITE OR SERVICES, IN EACH CASE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or redemption to be received by the Company on account of technical problems or traffic congestion online or on the Site or through the Services, or any combination thereof including any injury or damage to a person’s computer related to or resulting from downloading any materials from the Site or Services. If, for any reason, the Site or Service is not capable of running online as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Company that threatens or corrupts or adversely affects the administration, security, fairness, integrity or proper conduct of the Site or Services, we reserve the right, in our sole discretion, to cancel, terminate or suspend the use of the Site and Services.
CAUTION: ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE THE SITE OR SERVICES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SITE OR SERVICES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, WE WILL TERMINATE YOUR USE OF THE SITE AND SERVICES AND RESERVE THE RIGHT TO SEEK DAMAGES FROM YOU TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to defend, indemnify and hold harmless the Company, its affiliates, and all of its and their officers, directors, employees, stockholders, agents, suppliers, and licensors from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to (a) your use of the Site and Services or any Materials or Submitted Items you provide, including, but not limited to, any claim by a third party that any Materials or Submitted Items you provide infringe or violate such third party’s rights or interests and/or (b) your breach of this Agreement. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its choice of law principles to the contrary. The Uniform Computer Information Transactions Act will not apply to the Agreement. Any then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state and federal courts residing in Charlotte, North Carolina, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any such suit, action, or proceeding arising out of this Agreement. Use of the Site and Services is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this Section.
You further agree that any claims or causes of action arising out of or related to the Agreement or the Site or Services, along with the content contained therein, shall be submitted to arbitration as provided below within one (1) year after such claim or cause of action arose, or such claim or cause of action shall be forever barred.
The Company reserves the right, without notice and in its sole discretion at any time, to terminate your right to use of the Site and Services, to block or prevent future access to and use of the Site and Services, and to remove and discard any Material and Submitted Items. If you wish to terminate your account, you may do so by going to Account Settings or contacting us at email@example.com. Any fees paid for use of the Site or Services or for other products sold by us are non-refundable. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
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