1. Acceptance of Terms
1.1 Welcome to FYIndOut. This agreement (“Agreement”) between You (“You”) and FYIndOut, Inc. (“FYIndOut”) consists of the following Terms of Service (TOS). Your use of FYIndOut products, services, and Site(s) (referred to collectively as the “Services” in this document and excluding any services provided to You by FYIndOut under a separate written Agreement) is subject to the terms of this Agreement. “You” means any person or entity identified in a registration and/or enrollment form submitted by the same or affiliated persons, and/or any agency or network acting on its (or their) behalf, which shall also be bound by this Agreement. “Account” means the Account You set up and register on FYIndOut.  In regards to pricing, a “Professional” user is the user role that has the ability to find, review, and submit content on FYIndOut.  A Professional can only be one person.  A Professional can be a user set up under a Solution Provider while still having access to Services offered to Professionals.  In regards to pricing, a “Solution Provider” is a company or entity registered on FYIndOut that is able to set up users and/or groups that have permission to use FYIndOut Services and interact on FYIndOut on behalf of the entity.  If You visit or use FYIndOut Services, then You accept these terms. You may not use the Services if You do not accept the Terms. Please read carefully. In addition, when You use any current or future FYIndOut Services or Site(s), You also will be subject to the guidelines and conditions applicable to such service. If the TOS are inconsistent with such guidelines and conditions, then such guidelines and conditions will control.
1.2 We reserve the right to modify this Agreement at any time, and without prior notice to You, by posting amended terms on this Site. Your continued use of FYIndOut Services or visiting our Site(s) after the Agreement has been modified indicates your acceptance of the amended TOS. The failure of FYIndOut to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.

2. Description of Services

 

2.1 FYIndOut is an online service that allows professionals and solution providers to provide and access information that may help them make the most of their time and money. Services shall include, but not be limited to, any service and content FYIndOut performs for you, as well as the offering of any materials displayed, evaluated, transmitted or performed on the Site or through the Services (including, but not limited to text, user comments, reviews, ratings, documents, messages, information, data, graphics, articles, photographs, presentations, images, illustrations, software, audio clips and video clips, also known as the "Content"). FYIndOut may also provide said services or access to site content via other methods other then our website, such as but not limited to, widgets, Application Programming Interface (APIs), buttons, and external applications.  This is a general description for convenience only and may not describe all Services offered by FYIndOut.
2.2 FYIndOut reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any Services (or functions within said Services) or any Site(s) with or without notice. YOU AGREE THAT FYINDOUT SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION, OR DISCONTINUANCE OF SERVICES OR ANY SITE(S).
2.3 Product Suites Offered to Solution Providers
FYIndOut offers the following product suites to solution providers.
(a)  FYIndOut FYI:  FYIndOut FYI is our base product that allows companies that sell business applications or services to efficiently promote solutions and content to prospects. List referrals and reviews for solutions as well as white papers, case studies, videos and more to lead people to your site and get you on their short lists. FYIndOut FYI also allows companies to receive qualified leads.

 

3. Membership Eligibility
3.1 FYIndOut is meant for professionals and is not available to minors under the age of 18 or to any users suspended or removed from the system by FYIndOut for any reason. You may not have more than one active Account. Additionally, You are prohibited from selling, trading, or otherwise transferring your FYIndOut Account to another party. If You do not qualify for use of the Services, then You may not use them.
3.2 You are responsible for taking actions necessary to obtain access to FYIndOut and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees and charges, including those fees associated with the display or delivery of advertisements. In addition, You must provide and are responsible for all equipment necessary to access the Services and Site.

 

4.  Registration Policy
4.1 In order to use FYIndOut Services, You will be required to register with FYIndOut. In consideration of your use of the Services, You agree to:
(a) provide true, accurate, current and complete information about yourself and/or your company as prompted by the Service's registration form (such information being the "Registration Data") and
(b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, not current or incomplete, or FYIndOut has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, FYIndOut has the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof).

 

5. Privacy
5.1 Registration Data and certain other information about You is subject to our Privacy Policy at http://www.fyindout.com/Policy.php.  Through your use of the Services You consent to the collection and use of the Registration Data in accordance with our Privacy Policy.  Please review our Privacy Policy, which also governs your visit to FYIndOut, to understand our practices.

 

6. Electronic Communications
6.1 When You visit FYIndOut or send e-mails to us, You are communicating with FYIndOut electronically. You consent to receive communications from FYIndOut electronically. FYIndOut will communicate with You by e-mail or by posting notices on this Site. You agree that all Agreements, notices, disclosures and other communications that FYIndOut provides to You electronically satisfy any legal requirement that such communications be in writing.

 

7. License, Services, and Site Access
7.1 FYIndOut grants You a limited license to access and use its Site and Services while logged into this Site or authenticated via our other Service offerings, however you have no right to download (other than page caching) or modify any content or applications accessed on or through said Site or Services, or any portion of them. This license does not include any resale use of this Site or its contents; any collection and use of any solution listings, event listings, descriptions, or reviews; or any derivative use of this Site or its contents.
7.2 With the exception of accessing FYIndOut RSS feeds, widgets, or buttons, use of manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in this Site is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers).
7.3 You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of FYIndOut or otherwise simulate the appearance or function of this Site.
7.4 You may not use any meta tags or any other "hidden text" utilizing the FYIndOut name or trademarks without the express written consent of FYIndOut. Any unauthorized use terminates the permission or license granted by FYIndOut.
7.5 You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of FYIndOut so long as the link does not portray FYIndOut, or our Services in a false, misleading, derogatory, or otherwise offensive matter. This right may be revoked by FYIndOut at any time in its discretion.
7.6 You may not use any FYIndOut logo or other proprietary graphic or trademark as part of the link without express written permission.
7.7 You agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.
7.8 You agree that You will not, for any purpose whatsoever, harvest or collect any information, including email addresses, for any users or subscribers of any Services or this Site.
7.9 You acknowledge and agree that FYIndOut may terminate or suspend access to the Services or Site(s) at any time in its sole discretion and without advance notice to You.

 

8.  No Reproduction or Resale of Services
8.1 You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any Services or the Site or any portion thereof, use of the Services or Site, or access to the Services or Site.

 

9. Your Account
9.1 If You use the Services or Site, You are responsible for maintaining the confidentiality of Your Account and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your Account or password with or without your knowledge.
9.2 If You knowingly provide your login and password information to another person, Your Account privileges may be suspended temporarily or terminated. You agree to immediately notify FYIndOut of any unauthorized use of your password or Account or any other breach of security. FYIndOut cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
9.3 FYIndOut reserves the right to refuse Services, terminate or suspend accounts, and to remove or modify content without prior notice to any user for any or no reason.

 

10. Representations and Warranties.
10.1 You represent and warrant that:
(a) all of the Registration Data provided by You to FYIndOut to enroll and use the Services is correct and current;
(b) You are the owner of each website and Company You register or that You are legally authorized to act on behalf of the owner of such website(s) or Company(s) for the purposes of this Agreement;
(c) You have all necessary right, power, and authority to provide the Registration Data, use the Services, enter into this Agreement and to perform the acts required of You hereunder; and
(d) You have complied and will continue to comply with all applicable laws, statutes, ordinances, and regulations in your performance of any acts hereunder, and in connection with Your use of the Services or this Site. You further represent and warrant that each website or Company registered and any material displayed therein:
(i) comply with all applicable laws, statutes, ordinances, and regulations;
(ii) do not breach and have not breached any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy, or rights or duties under consumer protection, product liability, tort, or contract theories; and
(iii) are not pornographic, hate-related or otherwise violent in content.

 

11. User Conduct
11.1 You understand that all Content, whether publicly posted or privately transmitted, are the sole responsibility of the person or entity from whom such Content originated. This means that You, and not FYIndOut, are entirely responsible for all Content that You upload, post, email, transmit or otherwise make available via the Services. FYIndOut does not control the Content posted or transmitted via the Services with Your use of the Services or this Site and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Services, You may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will FYIndOut be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via use of the Services or access to the Site.  You can contact our Customer Service Department to let us know of content that You find objectionable. We may investigate the complaints and violations of our TOS that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing Content, or terminating accounts and/or subscriptions. However, because situations and interpretations vary, we also reserve the right to not take any action.
11.2 You agree to not use the Services to:
(a) upload, post, email, transmit or otherwise make available any Content that is unprofessional, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) impersonate any person or entity, including, but not limited to, a FYIndOut employee, or falsely state, impersonate, or otherwise misrepresent Your identity, including but not limited to the use of a pseudonym, or misrepresenting Your current or previous positions and qualifications, or Your affiliations with a person or entity, past or present;
(c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
(d) upload, post, email, transmit or otherwise make available any Content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary information and confidential information or other non-public information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(e) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
(f) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
(g) use the Service in a manner that creates the appearance of a conflict of interest, including trading reviews with other Solution Providers and writing or soliciting shill reviews;
(h) upload, post, email, transmit or otherwise 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;
(i) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
(j) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
(k) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
(l) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
(m) "stalk" or otherwise harass another;
(n) collect or store personal data about other users for any purpose, including in connection with the prohibited conduct and activities described in this Agreement; and/or
(o) post Content in fields that are not intended for that content. ( for example: Putting an address in a name or title field).
(p) intentionally or artificially inflate or alter the 'Helpful? count', comments, or any other FYIndOut Services, including by way of creating separate user accounts for the purpose of artificially altering FYIndOut's Services; giving or receiving money or other remuneration in exchange for votes, referrals, posts, or comments; or participating in any other organized effort that in any way artificially alters the results of FYIndOut's Services;
(q) IN ADDITION, YOU HEREBY AGREE THAT YOU SHALL NOT USE THE SITE OR SERVICES (INCLUDING, WITHOUT LIMITATION, BY COMMENTING, RATING, REVIEWING, OR VOTING FOR ANY CONTENT) ON BEHALF OF (OR PER THE REQUEST OR INSTRUCTION OF) ANY THIRD PARTY. FURTHERMORE, YOU SHALL NOT REQUEST THAT ANY THIRD PARTY, OR PAY OR OTHERWISE ATTEMPT TO INFLUENCE ANY THIRD TO, MANIPULATE OR OTHERWISE AFFECT THE SITE IN ANY MANNER (INCLUDING, WITHOUT LIMITATION, BY PAYING ANY OTHER USER TO COMMENT, RATE, REVIEW, OR VOTE FOR ANY CONTENT).
11.3 You acknowledge that FYIndOut may or may not pre-screen Content, but that FYIndOut and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Services. Without limiting the foregoing, FYIndOut and its designees shall have the right to remove any Content that violates the TOS, or for any or no reason. You agree that You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, You acknowledge that You may not rely on any Content available through the Services or Site.
11.4 You acknowledge, consent and agree that FYIndOut may access, preserve and disclose Your Account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce the TOS;
(c) respond to claims that any Content violates the rights of third parties;
(d) respond to your requests for customer service; or
(e) protect the rights, property or personal safety of FYIndOut or its users.

11.5 You understand that the technical processing and transmission of the Services, including your Content, may involve:
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices, and modifications to or disclosures of, the Content may occur in connection therewith.
11.6 You understand that the Services and software embodied within the Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by FYIndOut and/or content providers who provide content to the Services. You may not attempt to override or circumvent any of the usage rules embedded into the Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the Content, in whole or in part, is strictly prohibited.

 

12. Copyright
12.1 All material accessible on or through the Services and Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of FYIndOut or its content suppliers and protected by United States and international copyright laws. The compilation of all Content on the Services and Site is the exclusive property of FYIndOut and protected by U.S. and international copyright laws. All software used on or through the Services and Site is the property of FYIndOut or its software suppliers and protected by United States and/or international copyright laws.

 

13. Trademarks
13.1 FYINDOUT, FYINDOUT.COM, and other FYIndOut graphics, logos, page headers, button icons, widgets, scripts, and service names are trademarks, registered trademarks or trade dress of FYIndOut, Inc. in the U.S. and/or other countries. FYIndOut trademarks and trade dress may not be used without the express written permission of FYIndOut in connection with any product or service that is not FYIndOut, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits FYIndOut. All other trademarks not owned by FYIndOut that appear on the Serives and Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by FYIndOut.

 

14. International Use
The Site is operated from the United States. You recognize the global nature of the Internet and agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable Content. Specifically, You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which You reside.

 

15. Content on Services and Site
15.1 You may (i)post content including solution and event information, reviews, comments, links, documents, videos, and presentations,; and (ii)submit content including suggestions, ideas, comments, questions, or other information, in each case, so long as the Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam."
15.2 If You do post or submit Content, and unless we indicate otherwise:
(a)You grant FYIndOut a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content throughout the world in any media.
(b) You grant FYIndOut and sub licensees the right to use the name or user name that You submit in connection with such Content, if they choose.
(c) You represent and warrant that You own or otherwise control all of the rights to the Content that You post or submit; that the Content is accurate; that use of the Content You supply does not violate this TOS and will not cause injury to any person or entity.
(d) You confirm that the reviews You submit are accurate and represent your first-hand experience.  You also acknowledge and confirm that the reviews You submit are your own personal opinion and that neither you nor your employer is affiliated or in competition with the organization named in the review.
(e) FYIndOut has the right but not the obligation to monitor and edit or remove any activity or Content for any or no reason.
(f) FYIndOut takes no responsibility and assumes no liability for any Content posted by You or any third party.
(g) You should be aware that Content presented to You as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to FYIndOut (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works from, this Content (either in whole or in part) unless You have written permission from FYIndOut or the owners of that Content, to do so.
(h) You agree that You are solely responsible for (and that FYIndOut has no responsibility to You or to any third party for) any Content that You create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which FYIndOut may suffer) by doing so.

 

16. Fees
16.1 A valid credit card is required for paying accounts.  Free accounts are not required to provide a credit card number.
16.2 Signing up for a FYIndOut Account as a Professional user is free.
16.3 General Fees for Services offered Solution Providers are as follows:
(a) Registering your business as a Solution Provider for a product or plan with fees will result in an immediate prorated billing that covers Your use of services through the remainder of the billing period.  Going forward, You will then be billed on a monthly basis on the 1st day of each month.
(b) Billing is at the Solution Provider level only.  There is no limit to the number or users or solutions under a Solution Provider.
(c) An upgrade from Basic to any paying plan will end your free use.  You will be billed for your prorated first month immediately upon upgrading.
(d) The Services are billed in advance on a monthly basis and is non-refundable.  There will be no refunds or credits for partial months of service, upgrade,/downgrade refunds for refunds for months unused with an open Account.  In order to treat everyone equally, no exceptions will be made.
(e) All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
(f) For any upgrade or downgrade in product or plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
(g) Downgrading your Services may cause the loss of Content, features, or capacity of your Account.  FYIndOut does not accept any liability for such loss.
(h) FYIndOut reserves the right to charge for access to this Site, for FYIndOut Services or any portion thereof, modify the pricing of, add to, or discontinue FYIndOut Services or any portions thereof without prior notice.
16.4 Fees specific to FYIndOut FYI
(a) Registering your business as a Solution Provider is free only for the Basic Account
(b) Solution Providers with paying accounts will also be charged Pay Per Lead fees for the following actions;

1. User sends a Request For Information, also known as an RFI or FYIndMe Alert either directly to Your company or as an open RFI that You choose to accept via FYIndOut.
2. These Pay Per Lead fees are immediately billed to Your Account and are non-refundable. The fees will be charged to Your credit card along with your monthly subscription fee on the 2nd of the month.
3. If you cancel the Services before the monthly billing date, you will still be charged for the Pay Per Lead fees that You incurred up to that day.

17 Cancellations and Termination
17.1 You are solely responsible for properly cancelling your Account. An email or phone request to cancel your Account is not considered cancellation. Professional users can cancel Your Account at any time by clicking on the the “Delete my profile” link in the lower left of the Account Information page in your Profile. Solution Providers can cancel Your Company’s account by clicking the “Delete Company Profile” link on the Billing Information page.
17.2 All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your Account is cancelled.
17.3 If you cancel the Services before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
17.4 FYIndOut, in its sole discretion, has the right to suspend or terminate your FYIndOut Account and access to this Site and Services and refuse any and all current or future use of the Services, or any other FYIndOut service, for any reason at any time without prior notice. Such termination of the Services will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. FYIndOut reserves the right to refuse service to anyone for any reason at any time.
17.5 Without limiting the foregoing, the following will lead to a termination by FYIndOut of Your use of FYIndOut Services:
(a) breaches or violations of this TOS or other incorporated agreements or guidelines,
(b) requests by law enforcement or other government agencies,
(c) a request by You (self-initiated Account deletions),
(d) unexpected technical issues or problems, and
e) extended periods of inactivity.
17.6 You agree that all terminations shall be made in FYIndOut’s sole discretion and that FYIndOut shall not be liable to You nor any third-party for any termination of your Account or access to the FYIndOut Site or Services.

 

18. Indemnification
18.1 By accepting this Agreement, You agree to indemnify and otherwise hold harmless FYIndOut, Inc., its officers, directors, employees, agents, and other partners from and against any and all damages, liabilities, claims, costs, and expenses of any type whatsoever arising directly or indirectly from:

Your use of FYIndOut Services, this Site or any Content;
unauthorized access to or alteration of your communications with or through FYIndOut, or
any other matter relating to FYIndOut, the Services, this Site or any Content.
You will indemnify FYIndOut and its employees, agents, officers and directors from and against any and all claims resulting from Content You post or submit.
18.2 You understand and agree that any business transactions which may arise between users from their use of the Services or Site(s) are the sole responsibility of the users involved.
18.3 Without limitation of the terms of our Privacy Policy, You understand and agree that FYIndOut may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this Agreement, or protect the rights, property, or safety of FYIndOut, its users, and the public.
18.4 You understand that FYIndOut uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services.

 

19. Copyright Complaints
19.1 FYIndOut respects the intellectual property of others. If You believe that your work has been copied in a way that constitutes copyright infringement, please contact us, identify the Content in question, and provide proof of copyright/ownership.

 

20. Advertisements and Sponsorships
20.1 Some of the Services may be supported by advertising revenue and may display advertisements, promotions and sponsored Content. These advertisements and sponsored Content may be targeted to the content of information stored on the Services, queries made through the Services or other information.
20.2 The manner, mode and extent of advertising and sponsored Content on the Services are subject to change without specific notice to You.
20.3 You agree that FYIndOut may place such advertising and sponsored Content on the Services.
20.4 Your correspondence or business dealings with, or participation in promotions of, advertisers or sponsors found on or through the Services, including payment and delivery of related goods or, performance of related services, and any other terms, conditions, warranties or representations associated with such dealings, goods, or services, are solely between You and such advertiser or sponsor. You agree that FYIndOut shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or sponsors on the Site or the Services.

 

21. Other Web Sites, Services, or Content
21.1 The Services or Site may include hyperlinks, RSS feeds, or content and functionality offered via other forms of connectivity to other web sites, services, content, or resources. FYIndOut may have no control over any such connected web sites, content, services, or resources which are provided by companies or persons other than FYIndOut.  The websites' content, services, business practices, terms of service, service level agreements, and privacy policies are not under our control, and we are not responsible for the content of any linked website or any link contained in a linked website or the performance of any service.
21.2 You acknowledge and agree that FYIndOut is providing these hyperlinks to You only as a convenience, and the inclusion of any hyperlink does not imply endorsement or affiliation by FYIndOut of the linked web site or any association with its operators, or guarantee that the content contains accurate information. You are responsible for reviewing and abiding by the privacy policies and terms of use posted on any such web site, content, or resources. FYIndOut is under no obligation to link to any Site, content, or resources.
21.3 You acknowledge and agree that FYIndOut is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged which You may incur as a result of the availability of those external web sites, services, or resources, or as a result of any reliance placed by You on the completeness, accuracy or existence of any advertising, content, goods, services or other materials on, or available from or through, such web sites or resources.
21.4 You agree that your only recourse is to stop using the Site and Services.

 

22. Changes to the Terms of Service
22.1 FYIndOut may make changes to the TOS from time to time. When these changes are made, FYIndOut will make a new copy of the TOS available at http://www.fyindout.com/Terms.php and any new, or modified terms will be made available to You from within, or through, the affected Services.
22.2 You understand and agree that if You use the Services after the date on which the TOS or Additional Terms have changed, FYIndOut will treat your use as acceptance of the updated TOS or Additional Terms.

 

23. Contributions to FYIndOut
23.1 By submitting ideas, suggestions, links, documents, and/or proposals ("Contributions") to FYIndOut through its suggestion or Contact Us webpages/forms, via email, or reviewing our Site or Services via our Site,You acknowledge and agree that:
(a) Your Contributions do not contain confidential or proprietary information;
(b) FYIndOut is not under any obligation of confidentiality, express or implied, with respect to the Contributions;
(c) FYIndOut shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide;
(d) FYIndOut may have something similar to the Contributions already under consideration or in development;
(e) Your Contributions automatically become the property of FYIndOut without any obligation of FYIndOut to You; and
(f) You are not entitled to any compensation or reimbursement of any kind from FYIndOut under any circumstances.

 

24. Disclaimer of Warranties
24.1 THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE AND SERVICES ARE PROVIDED BY FYINDOUT ON AN "AS IS" AND "AS AVAILABLE" BASIS. FYINDOUT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE AND SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK.
24.2 TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FYINDOUT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FYINDOUT DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM FYINDOUT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR CONTENT.
24.3 FYINDOUT, ITS OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, AND PARTNERS MAKE NO WARRANTY THAT:
(a) FYINDOUT SERVICES OR THE SITE WILL MEET YOUR REQUIREMENTS,
(b) FYINDOUT SERVICES OR ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(c) THE RESULTS THAT MAY BE OBTAINED FROM USE OF FYINDOUT SERVICES OR SITE OR ANY CONTENT WILL BE ACCURATE OR RELIABLE,
(d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH FYINDOUT SERVICES WILL MEET YOUR EXPECTATIONS, AND
(e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
24.4 SOME LAWS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, LIMITATIONS MAY NOT APPLY TO YOU IF THEY ARE DEEMED UNENFORCEABLE UNDER APPLICABLE LAW.
24.5 A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SITE OR SERVICES. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SITE OR SERVICES. IMMEDIATELY DISCONTINUE USE OF THE SITE OR SERVICES AND YOUR COMPUTER AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SITE OR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

 

25. Limitation of Liabilities
25.1 FYINDOUT, ITS OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, AND PARTNERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR SERVICES OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FYINDOUT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL FYINDOUT’ TOTAL CUMULATIVE DAMAGES EXCEED US$ 100.
25.2 THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED
BY ANY FAILURE OF PERFORMANCE, ERROR,OMISSION, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER
VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR
UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER
FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER
ANY OTHER CAUSE OF ACTION. CUSTOMER SPECIFICALLY ACKNOWLEDGES
THAT FYINDOUT IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR
ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF
INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
25.3 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 25.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT FYINDOUT, ITS OFFICERS, EMPLOYEES, DIRECTORS, AGENTS,  AND PARTNERS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING OR CONTENT, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER, SPONSOR WHOSE ADVERTISING APPEARS ON THE SITE OR SERVICES, OR SOLUTION PROVIDER WHOSE CONTENT APPEARS ON THE SITE OR SERVICES;
(II) ANY CHANGES WHICH FYINDOUT MAY MAKE TO THE SITE OR SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SITE OR SERVICES (OR ANY FEATURES WITHIN THE SITE OR SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(IV) YOUR FAILURE TO PROVIDE FYINDOUT WITH ACCURATE ACCOUNT INFORMATION;
(V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
25.4 THE LIMITATIONS ON FYINDOUT’ LIABILITY TO YOU IN PARAGRAPH 25.1 ABOVE SHALL APPLY WHETHER OR NOT FYINDOUT HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

 

26. General Information

26.1 Entire Agreement.
The TOS constitutes the entire Agreement between You and FYIndOut and governs your use of the Site and Services, superseding any prior agreements between You and FYIndOut with respect to the Services. You also may be subject to additional terms and conditions or policies that may apply when You use or purchase certain other FYIndOut Services, affiliate services, third-party content or third-party software.
26.2 Applicable Law
By visiting FYIndOut, You agree that the TOS and the relationship between You and FYIndOut shall be governed by the laws of the State of Illinois, without regard to principles of conflict of laws provisions. You and FYIndOut agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Cook, State of Illinois for any matters relating to the Site, Services or this Agreement, to the extent not addressed in 26.3 below.
26.3 Disputes 
Any dispute relating in any way to your use of the Site, Services or Content shall be submitted to confidential arbitration in Chicago, Illinois, except that, to the extent You have in any manner violated or threatened to violate FYIndOut’ intellectual property rights, FYIndOut may seek injunctive or other appropriate relief in any state or federal court located in Chicago, Illinois, and You consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
26.4 Waiver and Severability of Terms
The failure of FYIndOut to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
26.5 No Right of Survivorship and Non-Transferability
You agree that Your FYIndOut Account is non-transferable either voluntarily or by operation of law to any successor or assignee.
26.6 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 use of the Site, Services, or Content or the TOS must be filed within one (1) year of the date such claim or cause of action arose or accrued, otherwise you will be forever barred from asserting any such claim or course of action.
The section titles in the TOS are for convenience only and have no legal or contractual effect.

 

OUR ADDRESS
FYIndOut, Inc.
3228 N Kenmore Ave
Suite 3
Chicago, IL 60657
http://www.fyindout.com

Last Updated: May 19, 2009