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AGREEMENT OF TERMS OF USE
Wescoco LLC, a
Delaware
limited liability company ("FastFind"), owns and operates the Web
site located at the URL www.fastfind.com, and portions of other Web pages and
Web content through which you have accessed this Agreement of Terms of Use
(collectively, “www.fastfind.com”). By visiting, using and/or
submitting information to www.fastfind.com, you agree to be bound
by the terms and conditions of this Agreement of Terms of Use (the
"Agreement") and FastFind's Privacy Policy, located at www.fastfind.com/Corporate/Privacy.aspx
(the “Privacy Policy”).
This Agreement contains an agreement to
arbitrate all claims and disclaimers of warranties and liability.
Your Compliance with this Agreement
You represent that you have the capacity to
be bound by this Agreement, or if you are acting on behalf of a company or
other entity, you have the authority to bind such company or entity. In
order to determine your compliance with this Agreement, FastFind may monitor
your access and use of www.fastfind.com in accordance with FastFind’s
Privacy Policy.
Your Access and Use of www.fastfind.com
Your right to access and use www.fastfind.com is personal to you and is not
transferable by you to any other person or entity. You are only entitled to
access and use www.fastfind.com for lawful purposes and pursuant to the terms
and conditions of this Agreement and FastFind’s Privacy Policy.
Your access and use of www.fastfind.com may
be interrupted from time to time for any of several reasons, including, without
limitation, the malfunction of equipment, periodic updating, maintenance or
repair of www.fastfind.com or other actions that FastFind, in its sole
discretion, may elect to take. FastFind reserves the right to suspend or
discontinue the availability of www.fastfind.com and/or any portion or feature
of www.fastfind.com at any time in its sole discretion and without prior
notice.
Any action by you that, in FastFind's sole
discretion: (i) violates the terms and conditions of this Agreement and/or
FastFind’s Privacy Policy; (ii) restricts, inhibits or prevents any
access, use or enjoyment of www.fastfind.com; or (iii) through the use of
www.fastfind.com, defames, abuses, harasses, offends or threatens, shall not be
permitted, and may result in your loss of the right to access and use
www.fastfind.com. You shall not metatag, provide links to or frame
www.fastfind.com without the prior express written permission of FastFind.
Your Access and Use of the FastFind
Service
Subject to the terms of this Agreement, the
Privacy Policy, and your registration, as set forth below, FastFind and its
affiliates, may offer you the FastFind Service, which is an online marketplace
matching Internet users looking for a product or service with lenders,
financial institutions and other providers of products and services (the
"Service Providers"). The FastFind Service is only available to
residents of the United States, and may not be available in all states.
You are solely responsible for complying with applicable laws and regulations
in connection with your use of the FastFind Service.
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Registration for the FastFind Service. You can register for the
FastFind Service by making a request to be matched with a Service Provider (a
"FastFind Request") on www.fastfind.com. FastFind and its
affiliates make no guarantee that you will be matched with a Service Provider
if you submit a FastFind Request.
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Your Information Will Be Shared Pursuant to the Privacy Policy. If
you make either a complete or incomplete FastFind Request, then you agree that
any information that you provide in connection with your FastFind Request may
be used and disclosed as set forth in the Privacy Policy. Without
limiting anything in the Privacy Policy, you authorize Service Providers, and
their affiliates and third-party service providers, to conduct all necessary
research with Your Information, including checking your credit history, for
purposes of providing you with your FastFind Request.
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Service Providers May Contact You. If you make a FastFind Request,
then you expressly authorize Service Providers to contact you by telephone and
email at the numbers and addresses provided in your FastFind Request, for
purposes of providing you with the products and services indicate in your
FastFind Request. You consent to receive telephone calls from Service
Providers, even if the phone number that you provided on your FastFind Request
is on any "Do Not Call" list. You also consent to FastFind and
the Service Providers making recorded calls to remind you of deadlines or other
issues in connection with your FastFind Request.
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You Must Maintain the Integrity of Your Information. You agree to
provide FastFind and its affiliates with true, current, complete and accurate
information, and not to misrepresent your identity (collectively, "Your
Information"), if you make a FastFind Request or update your registration
information. You also agree to keep Your Information current and to
update Your Information if any of Your Information changes.
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You Must Maintain the Security of Your Password. If FastFind
requires you to create a password to use the FastFind Service or use certain
portions of www.fastfind.com, then it is your sole responsibility to maintain
the security of that password. You agree that FastFind, its affiliates
and licensees shall not be liable for any loss that you may suffer as a result
of the authorized or unauthorized use of your password by a third party.
You shall not allow any person under the age of 18 to use the FastFind Service
via your registration or password.
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You Must Notify FastFind of a Breach. You agree to immediately
notify FastFind of any unauthorized use of your password, any unauthorized use
of any account that you may have with FastFind, any violation of this
Agreement, or any other breach of security known to you in connection with any
product or service available on www.fastfind.com by sending an email to
infosecurity@fastfind.com.
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You Are Responsible for Your Financial Decisions. FastFind and its
affiliates, through www.fastfind.com, provide a venue through which you and
Service Providers can find each other. FastFind does not endorse or
recommend the products or services of any Service Provider, and is not an agent
or advisor to you or any Service Provider. You acknowledge and agree that
Service Providers are solely responsible for any services that they may provide
to you and that FastFind shall not be liable for any losses, costs, damages or
claims in connection with, arising from or related to your use of a Service
Provider's products or services. You hereby release FastFind from any and
all losses, costs, damages or claims in connection with, arising from or
related to your use of a Service Provider's products or services.
FastFind urges you to obtain the advice of
financial advisors who are fully aware of your individual circumstances before
you make any financial decisions. You acknowledge and agree that you rely
on your own judgment and that of your financial advisors in selecting any
products or services offered by Service Providers.
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You Acknowledge and Agree that FastFind is Not a Service Provider.
FastFind is not a lender, financial institution, mortgage broker or other
Service Provider. Instead, FastFind and its affiliates help to contact
you with Service Providers that might meet your needs based on information
provided by you. The FastFind Request and the FastFind Service are not an
application for a mortgage loan or other type of loan, nor are they used to
pre-qualify you with any lender or broker. FastFind does not, and will
not, make any loan or credit decision with any Service Provider referred to
you. FastFind does not make your loans.
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No Guarantee of Loan Terms or Rates. FastFind does not make any
warranties or representations regarding the loan terms or rates offered or made
available by Service Providers. FastFind does not guarantee acceptance
into any loan program or specific loan terms or conditions, and does not
guarantee that loan terms or rates offered by Service Providers through
www.fastfind.com are the best terms or lowest rates available. If you are
contacted by a lender or broker advertising within FastFind's network, your
quoted rate may depend on your credit score, loan-to-value ratio,
debt-to-income ratio, and other factors. Rates and terms are the
responsibility of the participating Service Provider, not FastFind.
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You Do Not Pay Fees to FastFind. FastFind does not charge you a
fee to use the FastFind Service. Service Providers may pay FastFind fees
to be matched with users on www.fastfind.com, however. FastFind is not
involved with and is not responsible for any fee arrangement that you may enter
into with any Service Provider. You acknowledge and agree to this compensation
arrangement, and hereby release FastFind of any and all losses, costs, damages
or claims in connection with, arising from or related to your use of a Service
Provider's products or services, including any fees charged by a Service
Provider.
Public Forums
www.fastfind.com may act as a venue, through its chat rooms, blogs, podcasts,
bulletin boards and other forums (collectively, the “Forums”),
allowing the public to contribute information and make statements. FastFind is
not involved in the actual transmission of information and statements provided
for in the Forums. As a result, FastFind does not approve or endorse any
information or statements in the Forums, and you hereby acknowledge and agree
that FastFind has no control over the quality, correctness, timeliness, safety,
truth, accuracy or legality of any information provided for by you or any other
person or entity in the Forums. You may find information posted in the
Forums by other users to be offensive, harmful, inaccurate or deceptive.
Please use caution and common sense, and do not rely solely on information or
statements published in the Forums. Without limiting the generality of
the foregoing, and although FastFind does not regularly review information
provided for in the Forums, FastFind reserves the right, but not the
obligation, to remove or edit any information in the Forums.
Immediately report problems with the Forums
to FastFind at contactus@fastfind.com.
Transmissions, Submissions and Postings
to www.fastfind.com
If you transmit, submit or post information to www.fastfind.com that is not
Federally trademarked and/or copyrighted, you automatically grant FastFind and
its affiliates the worldwide, fully-paid, royalty-free, exclusive right and
license to use, copy, format, adapt, publish and/or incorporate any or all such
information in any media whatsoever, including, without limitation, the Content
(as defined below). Provided that you have obtained prior written
permission from FastFind to transmit, submit or post information to
www.fastfind.com that is Federally trademarked and/or copyrighted, you
automatically grant FastFind and its affiliates the worldwide, fully-paid,
royalty-free right to use, copy, format, adapt, publish and/or incorporate any
or all such information in any media whatsoever, including, without limitation,
the Content.
You shall not transmit, submit or post the
following to www.fastfind.com:
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Information that infringes FastFind’s or any third party’s
copyright, patent, trademark, trade secret or other proprietary rights;
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Information that violates any law, statute, ordinance or regulation;
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Information that is trade libelous, unlawfully threatening, unlawfully
harassing, defamatory, obscene, explicit or vulgar, or otherwise injurious to
FastFind or third parties or that infringes on FastFind’s or any third
party’s rights of publicity or privacy;
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Information that contains any viruses, worms, Trojan horses, trap doors, back
doors, easter eggs, time bombs, cancelbots or other code or computer
programming routines that contain contaminating or destructive properties or
that are intended to damage, detrimentally interfere with, surreptitiously
intercept or expropriate any system, data or personal information;
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Information containing or constituting chain letters, mass mailings, political
campaigning, or any form of “spam”;
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Information that is false, inaccurate or misleading;
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Commercial advertisements or solicitations without written permission from
FastFind; or
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Federally Trademarked and/or Copyrighted information without written permission
from FastFind.
Although FastFind does not regularly review
your transmissions, submissions or postings, FastFind reserves the right (but
not the obligation) to edit, refuse to post or remove your transmissions,
submissions or postings. Pursuant to FastFind’s Privacy Policy,
FastFind may review transmissions, submissions or postings made by you to
determine, in its sole discretion, your compliance with this Agreement.
FastFind's Intellectual Property Rights
The names "FastFind", "FastFind.com", and
"FastFind.com and design", and FastFind’s graphics, logos, page
headers, button icons, scripts, and service names are trademarks or trade dress
of FastFind or its subsidiaries, in the United States and/or other countries
(collectively, the “Proprietary Marks”). You may not use the
Proprietary Marks without the prior express written permission of FastFind,
which permission may be withheld in FastFind's sole discretion. FastFind makes
no proprietary claim to any third-party names, trademarks or service marks
appearing on www.fastfind.com. Any third-party names, trademarks, and service
marks are property of their respective owners.
The information, advice, data, software and
content viewable on, contained in, or downloadable from, www.fastfind.com
(collectively, the "Content"), including, without limitation, all
text, graphics, charts, pictures, photographs, images, line art, icons,
renditions and floor plans, are copyrighted by, or otherwise licensed to,
FastFind or its Content suppliers. FastFind also owns a copyright of a
collective work in the selection, coordination, arrangement, presentation,
display and enhancement of the Content (the “Collective Work”). All
software used on www.fastfind.com (the “Software”) is the property
of FastFind or its software vendors and is protected by United States and
international copyright laws. Viewing, reading, printing, downloading or
otherwise using the Content and/or the Collective Work does not entitle you to
any ownership or intellectual property rights to the Content, the Collective
Work or the Software.
You shall be solely responsible for any
damage resulting from your infringement of FastFind's or any third party's
intellectual property rights regarding the Trademarks, the Content, the
Collective Work, the Software and/or any other harm incurred by FastFind or its
affiliates as a direct or indirect result of your copying, distributing,
redistributing, transmitting, publishing or using the same for purposes that
are contrary to the terms and conditions of this Agreement.
Your Use of the Content
FastFind grants you a limited license to access, print, download or otherwise
make personal use of the Content and the Collective Work in the form of: (i)
one machine-readable copy; (ii) one backup copy; and (iii) one print copy, for
your non-commercial use; provided, however, that you shall not delete any
proprietary notices or materials with regard to the foregoing manifestations of
the Content and the Collective Work. You may not modify the Content or the
Collective Work or utilize them for any commercial purpose or any other public
display, performance, or sale, or rent, decompile, reverse engineer, or
disassemble the Content and the Collective Work, or transfer the Content or the
Collective Work to another person or entity.
Except as otherwise permitted under the
copyright laws of the United States, no other copying, distribution,
redistribution, transmission, publication or use, other than the non-commercial
use of the Content and the Collective Work as permitted by this Agreement, is
permitted by you without the express prior written permission of FastFind,
which permission may be withheld in FastFind's sole discretion.
You may not use any meta tags or any other
“hidden text” utilizing FastFind’s name or trademarks without
the express written permission of FastFind, which permission may be withheld in
FastFind's sole discretion.
Access and Interference
www.fastfind.com contains robot exclusion headers. You agree that you
will not use any robot, spider, scraper, deep link or other similar automated
data gathering or extraction tools, program, algorithm or methodology to
access, acquire, copy or monitor www.fastfind.com or any portion of
www.fastfind.com or for any other purpose, without FastFind’s express
written permission which may be withheld in FastFind’s sole
discretion. Additionally, you agree that you will not: (i) take any
action that imposes, or may impose in FastFind’s sole discretion an
unreasonable or disproportionately large load on FastFind’s
infrastructure; (ii) copy, reproduce, modify, create derivative works from,
distribute or publicly display any content (except for your personal
information) from www.fastfind.com without the prior written permission of
FastFind and the appropriate third party, as applicable; (iii) interfere or
attempt to interfere with the proper working of www.fastfind.com or any
activities conducted on www.fastfind.com; or (iv) bypass FastFind’s robot
exclusion headers or other measures FastFind may use to prevent or restrict
access to www.fastfind.com.
Electronic Communications
When you visit www.fastfind.com or send email to FastFind, you are
communicating with FastFind electronically. You consent to receive
communications from FastFind electronically. Although FastFind may choose
to communicate with you by regular mail, FastFind may also choose to
communicate with you by e-mail or by posting notices on www.fastfind.com.
You agree that all agreements, notices, disclosures and other communications
that FastFind provides to you electronically satisfy any legal requirement that
such communications be in writing.
Your Responsibility for Equipment and
Related Costs
You are responsible for obtaining and maintaining all telephone, computer
hardware, Internet access services and other equipment or services needed to
access and use www.fastfind.com, and all costs and fees associated with
Internet access or long distance charges incurred with regard to your access
and use of www.fastfind.com.
Third Party Links
There may be provided on www.fastfind.com links to other Web sites belonging to
FastFind’s advertisers, business partners, affiliates and other third
parties. Such links do not constitute an endorsement by FastFind of those
Web sites, nor the products or services listed on those Web sites.
FastFind is not responsible for the activities or policies of those Web
sites. FastFind does not endorse or recommend the products of any
particular advertiser, business partner, affiliate or other third party.
FastFind does not guarantee that the loan terms or rates offered by any
particular advertiser, business partner, affiliate or other third party on
www.fastfind.com are the best terms or lowest rates available in the market.
Copyright Infringement
It is FastFind’s policy to comply with
the Digital Millennium Copyright Act, title 17, United States Code, Section
512, including, without limitation, responding to notices of alleged copyright
infringement, and other applicable intellectual property laws. FastFind
shall in appropriate circumstances disable and/or terminate the accounts of
users who may infringe or repeatedly infringe the copyrights or other
intellectual property rights of FastFind and/or others.
Notifications (each a
“Notification”) of claimed copyright infringement should be sent by
either express mail or U.S. mail to FastFind’s designated agent.
FastFind’s designated agent contact information is set forth below:
Address of designated agent to Which
Notification Should be Sent:
Gunster, Yoakley & Stewart, P.A.
777 S. Flagler Drive, Suite 500 E
West Palm Beach, FL 33401
Attention: David Bates
Facsimile number of designated agent: 561.671.2555
Email address of designated agent: dbates at gunster * com
Pursuant to Title 17, United States Code,
Section 512(c)(2), to be effective, the Notification must include the
following:
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A physical or electronic signature of a person authorized to act on behalf of
the owner (“Complaining Party”) of an exclusive right that is
allegedly infringed;
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Identification of the copyrighted work claimed to have been infringed, or if
multiple copyrighted works at a single online site are covered by a single
Notification, a representative list of such works at that site;
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Identification of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to which is
to be disabled, and information reasonably sufficient to permit FastFind to
locate the material;
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Information reasonably sufficient to permit FastFind to contact the Complaining
Party, such as an address, telephone number, and if available, an electronic
mail address at which the Complaining Party may be contacted;
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A statement that the Complaining Party has a good faith belief that use of the
material in the manner complained of is not authorized by the copyright owner,
its agent, or the law; and
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A statement that the information in the Notification is accurate, and under
penalty of perjury, that the Complaining Party is authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed.
Upon receipt of the written Notification containing the information as outlined
in 1 through 6 above, and pursuant to Title 17, United States Code, Section
512(c)(2):
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FastFind will remove or disable access to the material that is alleged to be
infringing;
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FastFind will forward the written Notification to the alleged infringer
("Subscriber"); and
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FastFind will take reasonable steps to promptly notify the Subscriber that
FastFind has removed or disabled access to the material.
Counter Notification:
Pursuant to Title 17, United States Code,
Section 512(c)(2), a Subscriber may counter a Notification by providing a
written communication (“Counter Notification”) to FastFind 's
designated agent that includes substantially the following:
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A physical or electronic signature of the Subscriber;
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Identification of the material that has been removed or to which access has
been disabled and the location at which the material appeared before it was
removed or access to it was disabled;
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A statement under penalty of perjury that the Subscriber has a good faith
belief that the material was removed or disabled as a result of mistake or
misidentification of the material to be removed or disabled; and
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The Subscriber's name, address, and telephone number, and a statement that the
Subscriber consents to the jurisdiction of Federal District Court for the
judicial district in which the address is located, or if the Subscriber's
address is outside of the United States, for any judicial district in which
FastFind may be found, and that the Subscriber will accept service of process
from the person who provided the Counter Notification or an agent of such
person
Upon receipt of a Counter Notification containing the information as outlined
in 1 through 4 above, and pursuant to Title 17, United States Code, Section
512(c)(2):
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FastFind will promptly provide the Complaining Party with a copy of the Counter
Notification;
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FastFind will inform the Complaining Party that FastFind will replace the
removed material or cease disabling access to the removed material within ten
(10) business days; and
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FastFind will replace the removed material or cease disabling access to the
removed material not less than ten (10), nor more than fourteen (14) business
days following receipt of the Counter Notification, provided FastFind’s
designated agent has not received notice from the Complaining Party that an
action has been filed seeking a court order to restrain the Subscriber from
engaging in infringing activity relating to the removed material on
FastFind’s network or system.
FastFind Makes No Representations or
Warranties Regarding the Content
The Content and all services and products associated with www.fastfind.com are
provided to you on an "as-is" and “as available”
basis. FastFind makes no representations or warranties of any kind,
express or implied, as to the operation of www.fastfind.com or the information,
content, materials, products or services included on or associated with
www.fastfind.com. You expressly agree that your use of www.fastfind.com
and all products and services included on or associated with www.fastfind.com
is at your sole risk.
FastFind does not make any representations,
warranties or guarantees, express or implied, regarding the accuracy,
correctness, or completeness of the Content or the services and products
associated with www.fastfind.com, nor the safety, reliability, title,
timeliness, completeness, merchantability, conformity or fitness for a
particular purpose of the Content or the services and products associated with
www.fastfind.com. It is your sole responsibility to independently evaluate the
accuracy, correctness or completeness of the Content and the services and
products associated with www.fastfind.com. FastFind makes no
representation, warranty or guarantee that the Content that may be available
for downloading from www.fastfind.com is free of infection from any viruses,
worms, Trojan horses, trap doors, back doors, easter eggs, time bombs,
cancelbots or other code or computer programming routines that contain
contaminating or destructive properties or that are intended to damage,
detrimentally interfere with, surreptitiously intercept or expropriate any
system, data or personal information.
The Content is intended only to assist you with financial decisions and is
broad in scope and does not consider your personal financial situation. Your
personal financial situation is unique and the services, information and advice
within the Content may not be appropriate for your situation.
Accordingly, before making any final decisions or implementing any financial
strategy, FastFind recommends that you obtain additional information and advice
of your accountant and other financial advisors who are fully aware of your
individual circumstances.
Limitations on FastFind's Liability
FastFind shall in no event be responsible to, or liable to, you, or any third
party, whether in contract, warranty, tort (including negligence) or otherwise,
for any damages, including, but not limited to, special, incidental, indirect
or consequential damages that include, but are not limited to, damages for any
loss of profit, revenue or business, as a direct or indirect result of: (i)
your breach or violation of the terms and conditions of this Agreement; (ii)
your access and use of www.fastfind.com; (iii) your DELAY IN ACCESSING OR
inability to access or use www.fastfind.com for any reason; (iv) your
downloading of any of the Content or the Collective Work for your use; (v) your
reliance upon or use of the Content or the Collective Work, (VI) your
interactions or agreements with service providers, OR (ViI) ANY INFORMATION,
SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH www.fastfind.com, OR OTHERWISE
ARISING OUT OF THE USE OF www.fastfind.com, WHETHER RESULTING IN WHOLE OR IN
PART, FROM BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY
OR OTHERWISE, EVEN IF FASTFIND AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES.
Certain state laws do not allow limitations
on implied warranties or the exclusion or limitation of certain damages.
If these laws apply to you, some or all of the above disclaimers, exclusions or
limitations may not apply to you.
Your Indemnification of FastFind
You shall defend, indemnify and hold harmless FastFind and its officers,
directors, shareholders, employees, independent contractors, agents,
representatives and affiliates from and against all claims and expenses,
including, but not limited to, attorneys' fees, arising out of, or attributable
to: (i) any breach or violation of this Agreement by you; (ii) your failure to
provide accurate, complete and current personally identifiable information
requested or required by FastFind; (iii) your access or use of
www.fastfind.com; (iv) access or use of www.fastfind.com under any password
that may be issued to you; and/or (v) your interactions or agreements with
Service Providers.
Amendments of this Agreement
FastFind reserves the right to update, amend and/or change this Agreement at
any time in its sole discretion and without notice. Updates to this Agreement
will be posted here. You are encouraged to revisit this Agreement from time to
time in order to review any changes that have been made. FastFind’s last
update was December 1, 2007. Your continued access and use of www.fastfind.com
following the posting of any such changes shall automatically be deemed your
acceptance of all changes.
FastFind's Remedies
You acknowledge that FastFind may be irreparably damaged if this Agreement is
not specifically enforced, and damages at law would be an inadequate remedy.
Therefore, in the event of a breach or threatened breach of any provision of
this Agreement by you, FastFind shall be entitled, in addition to all rights
and remedies, to an injunction restraining such breach or threatened breach,
without being required to show any actual damage or to post an injunction bond,
and/or to a decree for specific performance of the provisions of this
Agreement. For purposes of this Section, you agree that any action or
proceeding with regard to such injunction restraining such breach or threatened
breach shall be brought in the courts of record of Palm Beach County, Florida,
or the United States District Court, Southern District of Florida. You consent
to the jurisdiction of such court and waive any objection to the laying of the
venue of any such action or proceeding in such court. You agree that service of
any court paper may be effected on such party by mail or in such other manner
as may be provided under applicable laws, rules of procedure or local rules.
Governing Law; Arbitration
This Agreement is to be governed by and construed in accordance with the
internal laws of the State of Florida, without regard for principles of
conflicts of laws. Any civil action, claim, dispute or proceeding arising out
of or relating to this Agreement, except for an injunctive action regarding a
breach or threatened breach of any provision of this Agreement by you as
provided above, shall be referred to final and binding arbitration, before a
single arbitrator, under the commercial arbitration rules of the American
Arbitration Association in Palm Beach County, Florida.
THEREFORE, YOU DO NOT HAVE THE OPPORTUNITY TO GO TO COURT TO ASSERT OR
DEFEND YOUR RIGHTS AND YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS
ACTIONS. By using www.fastfind.com you consent to these restrictions.
You and FastFind shall select the arbitrator, and if you and FastFind are
unable to reach agreement on selection of the arbitrator within thirty (30)
days after the notice of arbitration is served, then the American Arbitration
Association shall select the arbitrator. Arbitration shall not commence until
the party requesting it has deposited One Thousand Dollars ($1,000.00) with the
arbitrator for the arbitrator's fees and costs. The party requesting
arbitration shall advance such sums as are required from time to time by the
arbitrator to pay the arbitrator's fees and costs until the prevailing party is
determined or the parties have agreed in writing to an alternate allocation of
fees and costs.
Should a Dispute arise and should the arbitration provisions herein become
inapplicable or unenforceable, or in any instance of any lawsuit between you
and FastFind, jurisdiction over and venue of any suit shall be exclusively in
the state and federal courts sitting in Palm Beach County, Florida.
Judgment upon any award rendered by the arbitrator shall be final, binding and
conclusive upon you and FastFind and your and FastFind's respective
administrators, executors, legal representatives, successors and assigns, and
may be entered in any court of competent jurisdiction. Notwithstanding the
previous sentence, in no event shall either you or FastFind be entitled to
punitive damages and both you and FastFind hereby waive your and FastFind's
respective rights to any punitive, special, indirect or consequential damages,
including, but not limited to, damages for any loss of profit, revenue or
business. You agree that, subject to the previous sentence, such an award
by the arbitrator shall be your sole and exclusive remedy pursuant to this
Privacy Policy.
Miscellaneous
If any portion of this Agreement is deemed unlawful, void or unenforceable by
any arbitrator or court of competent jurisdiction, this Agreement as a whole
shall not be deemed unlawful, void or unenforceable, but only that portion of
this Agreement that is unlawful, void or unenforceable shall be stricken from
this Agreement.
The headings contained in this Agreement are
for convenience of reference only, are not to be considered a part of this
Agreement, and shall not limit or otherwise affect in any way the meaning or
interpretation of this Agreement.
All covenants, agreements, representations and warranties made in this
Agreement, as may be amended by FastFind from time to time, shall survive your
acceptance of this Agreement and the termination of this Agreement.
This Agreement and FastFind’s Privacy
Policy located at the URL www.fastfind.com/Corporate/Privacy.aspx
represent the entire understanding and agreement between you and FastFind
regarding the subject matter of the same, and supersede all other previous
agreements, understandings and/or representations regarding the same.
If you have questions, comments, concerns or
feedback regarding this Agreement or www.fastfind.com, please contact us at
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