Terms and Conditions
Below is a copy of our latest User Agreement. All Users must agree to this policy as part of registering to play the game and use the app platform. This policy was last updated October, 3rd 2022.
Terms of Service
Last Updated: October 3rd, 2022
These Terms of Service (“Terms”) apply to your access and use of Dickerson 1 Developers LLC’s (“Dickerson” or “we”, “us” or “our”) website, https://www.fyzbee.com/, along with the features, functionalities, applications, browser extensions and other services available through our website, (collectively, our “Website”) mobile application, Fyzbee, available on the Apple App Store and Google Play Store (our “App”), and our products and services (our “Services”). We refer to our Website, App and Services collectively as our “Platform.”
By visiting our Platform and/or submitting anything to us through our Platform, you agree to read, comply with, and be legally bound by: (1) these Terms and (2) any additional terms and conditions, agreements, and policies published on the Platform or otherwise applicable to your use of the Platform (the “Rules”). These Terms and the Rules are collectively referred to herein as the “Agreements.” If you do not agree with the foregoing, you may not use the Platform.
ACCEPTANCE AND APPLICABILITY OF AGREEMENTS
Eligibility. You must be at least 13 years old to use or access our Platform, and you must be at least 18 years old to register an account on the Platform. If you are under 18, you must have your parent’s or legal guardian’s permission to use our Platform. If this applies to you, please read these Terms and our Privacy Policy with your parent or legal guardian. If you are a parent or legal guardian and you give your child permission to use our Platform, these Terms apply to you, and you are responsible for your child’s use of our Platform and any payments made on or in relation to our Platform.
Representations and Warranties. Without limiting the foregoing, by accessing or using the Platform, you represent to us that: (1) you meet the requirements described in Section 1.1 of these Terms; (2) you are a United States resident; (3) you are legally able to enter into contracts; (4) you are not a person barred from receiving or using the Platform under federal, state, local or other laws; and (5) you have not previously been suspended or prohibited from using the Platform for any reason other than your cancellation of your Platform account.
Changes to Terms. We may update or modify these Terms from time to time, without limitation by posting a revised version of these Terms throughout our Platform. By accessing or using our Platform after we have provided such notice, you agree to be bound by such modifications.
Our Rights. We have the right, but not the obligation, to take any of the following actions in our sole discretion without providing any prior notice to you and without any liability to you or any third party:
change or terminate all or any part of the Platform;
restrict or terminate your access to all or any part of the Platform;
refuse, move or remove any content that is available on the Platform; or
deny access to the Platform to anyone at any time in our sole and absolute discretion.
Conflicts. In the event of any conflict between these Terms and any other Agreements, these Terms shall control with respect to any conflicts relating to your access or use of our Platform.
USE OF THE PLATFORM
Acceptable Use. Your use of the Platform must comply with the following (“Acceptable Use Restrictions”):
You are only allowed to use the Platform for its intended purposes, as determined by us in our sole discretion.
Without limitation, you are not allowed to access or use our Platform to: (1) violate any laws; (2) transmit or upload any software or other materials that contain any viruses, worms, trojan horses, defects, time bombs or other items of a destructive nature; (3) engage in commercial activity except as expressly permitted under the Agreements; (4) engage in any action with another user on the Platform designed to circumvent the features provided by the Platform; and (5) use contact information obtained through the Platform to offer to buy or sell products or services outside of the Platform.
You are also prohibited from: (1) reformatting or framing any portion of our Platform; (2) using any device, software, or procedure that interferes with, or attempts to interfere with, the normal operation of our Platform; (3) taking any action that imposes, or may impose, as determined by us in our sole discretion, an unreasonable or disproportionately large load on our information technology infrastructure; (4) modifying, adapting, disassembling, decompiling, translating or reverse engineering any portion of our Platform or otherwise attempting to reconstruct or discover any source code or underlying ideas, algorithms, file formats, or programming interoperability interfaces of our Platform; (5) disrupting or otherwise interfering with our Platform or the networks or servers we use; (6) impersonating any person or entity or misrepresenting your connection or affiliation with a person or entity; (7) collecting or storing, or attempting to collect or store, personal information about other users of our Platform, except as expressly permitted under the Agreements; (8) engaging in any activity that is illegal under federal, state, local, or other laws; (9) creating a false identity on our Platform; (10) creating an account for anyone else; (11) releasing to any third party information related to your access to or use of our Platform for purposes of monitoring our Platform’s availability, performance, or functionality, or for any other benchmarking or competitive purposes without our prior written approval; (12) copying our Platform, except as expressly permitted under the Agreements; (13) accessing or using our Platform in a service bureau or time-sharing environment (including, without limitation, accessing our Platform to provide third parties a service consisting solely of the collection and entry of data and other information on our Platform); (14) selling, assigning, transferring, sublicensing, pledging, renting, or otherwise sharing your rights under the Agreements; (15) creating any derivative works based on our Platform; and (16) modifying, obscuring, or removing any proprietary notices on our Platform or copies thereof.
Compliance with Applicable Laws. You certify that you will comply with all applicable laws (e.g., federal, state, local, and other laws) and the Agreements when accessing or using our Platform. Without limiting the foregoing, by accessing or using our Platform, you represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list or prohibited of restricted parties. If you access or use our Platform outside the United States, you are solely responsible for ensuring that your access to and use of the Platform in such country, territory, or jurisdiction does not violate any applicable laws. We reserve the right, but have no obligation to, in our sole discretion, monitor where our Platform is accessed from, and the right, but not the obligation, to block or otherwise restrict access to our Platform, in whole or in part, from any geographic location.
Mistakes or Errors. Without limiting anything set forth in the applicable Agreements, you acknowledge and agree that under no circumstances will we or any of our licensors or suppliers be responsible for any loss, damage or liability arising out of any mistakes or other errors made by you as a result of your access to or use of our Platform.
Damage to Mobile Device. CERTAIN GAMES ON OUR APP MAY INVOLVE TOSSING YOUR MOBILE DEVICE IN THE AIR OR TAKING OTHER ACTIONS THAT COULD RESULT IN DAMAGE TO, WITHOUT LIMITATION, YOUR DEVICE, YOURSELF, OTHERS OR YOUR SURROUNDINGS. YOU ACKNOWLEDGE AND AGREE THAT YOU DO SO AT YOUR OWN RISK AND THAT UNDER NO CIRCUMSTANCES WILL WE OR ANY OF OUR LICENSORS OR SUPPLIERS BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR ACCESS TO OR USE OF OUR PLATFORM, INCLUDING, WITHOUT LIMITATION, PLAYING ANY GAME ON OUR APP.
Abusive and Offensive Language. Abusive or offensive language will not be tolerated on our Platform, social media sites or with our personnel. You are not entitled to make untrue, malicious and/or damaging comments with regard to our operations in any media or forum.
Links to Third Party Websites. Our Platform may include links to other websites (e.g., sponsors’ and/or advertisers’ websites) or services solely as a convenience to you. You acknowledge and agree that we are not responsible for the availability of such external sites or resources and that we do not endorse and are not responsible or liable for any such linked sites or other information, material, products or services contained on or accessible through other linked sites. Furthermore, we make no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites, unless otherwise provided in the Agreements. Your access to and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at your own risk.
Information Shared About Others. We may give you the ability to invite people you know to use our App, including by importing your address book or manually entering their contact information. You are responsible for ensuring your sharing of this personal information with us is compliant with applicable laws. In some countries, this may require you to get permission from the people you invite before you share their information. We may also give you the ability to send text messages to people you know inviting them to use the App. You agree that you will obtain their permission before sending any such messages and will not do so in violation of any carrier rules or other applicable laws.
ACCOUNTS
Registration. You must register an account with us in order to use the App. When registering for an account, you must provide true, accurate, current and complete information about yourself as may be prompted by any registration form.
Ad-Free Purchases. We may allow you to purchase an ad-free version of the app through the applicable App Store.
Account Security and Responsibility. You are responsible for maintaining the confidentiality of your username and password for your account and are fully responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account, including, without limitation, any unauthorized use of your username and password, or any breach of security relating to your account. You further agree not to login to our Platform using anyone else’s account or to let anyone else login, access, or use our Platform under your account. We will not be liable for any loss or damage arising from your failure to comply with this provision or any other provisions in the Agreements. If we suspend or terminates your account, you acknowledge that all information and content associated with such account will no longer be available to you.
Our Termination or Suspension of Your Account. Without limiting any other rights we have under the applicable Agreements, in the event we determine, in our sole discretion, that your account or information associated with your account may be compromised due to your personal device being infected with a virus, malware, other malicious code, or due to other theft of your account login credentials or other account information, we reserve the right, but do not have the obligation, to invalidate, delete, or otherwise modify your account and the associated account information in order to protect your account, the accounts of other users, and our systems from further damage or exposure. This may include proactively changing your password. If we need to do this, we will make reasonable efforts to inform you of any modifications made via the email address listed on your account or other viable means of communication.
Account Cancellation. Subject to restrictions and other obligations set forth in the applicable Agreements, you may close your account by contacting us at customer.service@fyzbee.com and following the instructions we provide or by selecting the trash icon on the “Edit Info” portion of the Account page on the App. If you cancel your account, these Terms will be terminated and your license to access and use our Platform shall immediately terminate and you must discontinue your access to and use of our Platform. Please note, in some circumstances, we may not permit you to close your account, including in situations where: (1) you are not permitted to close your account pursuant to the terms of an applicable Agreement; (2) you have an open dispute or claim; (3) if your account is subject to a hold; and/or (4) you are cancelling your account in an attempt to evade any investigation.
USER CONTENT AND INFORMATION
Personal Information. By accessing or using our Platform, you acknowledge and understand that we may collect, use, disclose, transfer, and share your personal information. This may include, but is not limited to, sharing information with companies other than Dickerson as described in our Privacy Notice, available at www.fyzbee.com/home/privacy-policy. The Privacy Notice may be updated from time to time, so please review it regularly. If you do not agree with the collection and use of personal information as described in the Privacy Notice, please stop using our Platform and terminate your access to our Platform.
Feedback. By submitting ideas, suggestions, documents, proposals, products and/or technologies (“Feedback”) to us in any way, you acknowledge and agree that: (1) your Feedback does not contain confidential or proprietary information; (2) we are not under any obligation of confidentiality, express or implied, with respect to the Feedback; (3) we shall be entitled to disclose (or choose not to disclose) such Feedback for any purpose and in any way; (4) we may have something similar to the Feedback already under consideration or in development; (5) your Feedback which is not subject to a patent, automatically becomes our property without any obligation to you; and (6) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances.
PLATFORM OWNERSHIP AND LICENSE
Ownership. All right, title and interest in and to our Platform, including, but not limited to, all of the software and code that comprise and operate our Platform, and all of the text, photographs, illustrations, images, graphics, audio, video, URLs and other materials provided through our Platform (“Content”) are owned by us or third parties who have licensed their content to us. Our Platform is protected under trademark, service mark, trade dress, copyright, patent, trade secret and other intellectual property laws. In addition, the entire Platform is a collective work under U.S. and international copyright laws and treaties, and we own the copyright in the selection, coordination, arrangement and enhancement of our Platform.
Our Marks. The Dickerson names and logos (including, but not limited to, those of our affiliates), all product and service names, all graphics, all button icons and all trademarks, service marks and logos appearing within the Platform, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of Dickerson (collectively, “Our Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress (collectively, “Marks”) mentioned, displayed, cited or otherwise indicated within the Platform are the property of their respective owners. You are not authorized to display Our Marks in any manner without our prior written permission. You are not authorized to display or use the Marks of any third party that appear within the Platform without the prior written permission of the applicable third party.
Limited License. Subject to your acceptance of, and compliance with, the Agreements, we hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use our Platform in a manner that is consistent with the Agreements and our Platform’s intended purpose(s). You obtain no rights in our Platform except to use it in accordance with the Agreements. Without limiting the generality of the foregoing, you shall not access or use our Platform in violation of the terms set forth in any of the Agreements, including, without limitation, the Acceptable Use Restrictions set forth in these Terms (collectively, “Prohibited Activities”). You will be solely liable for any damages, costs or expenses arising out of or in connection with your commission of any Prohibited Activity. You shall notify us immediately upon becoming aware of the commission by any person of a Prohibited Activity and shall provide us with reasonable assistance upon our request with any investigations we may conduct in connection with any such Prohibited Activity.
YOUR LIABILITY
Agreement to Indemnify. YOU AGREE THAT YOU WILL ONLY USE THE PLATFORM IN ACCORDANCE WITH THE APPLICABLE AGREEMENTS. YOU WILL COMPENSATE US IN FULL FOR ANY LOSSES OR COSTS (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) WHICH WE (OR ANY OF OUR SUBSIDIARIES OR AFFILIATED COMPANIES) INCUR ARISING FROM ANY BREACH BY YOU OF THE AGREEMENTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US, OUR SUBSIDIARIES AND AFFILIATES AND OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND OTHER PARTNERS (THE “RELEASED PARTIES”) HARMLESS FROM AND AGAINST ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY FEES AND COSTS, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE PLATFORM, YOUR CONNECTION TO THE PLATFORM, YOUR VIOLATION OF ANY OF THE AGREEMENTS OR YOUR VIOLATION OF ANY INTELLECTUAL PROPERTY RIGHTS OF ANY OTHER PERSON OR ENTITY.
Additional Remedies. The Released Parties reserve the right to seek all remedies available at law and in equity for violations of the applicable Agreements, including the right to block access from a particular Internet address to the Platform or report misuses to law enforcement.
DISCLAIMERS
Disclaimer of all Warranties
THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATING TO THE PLATFORM (INCLUDING, BUT NOT LIMITED TO, ANY SOFTWARE COMPRISING ANY PORTION OF THE PLATFORM), WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THAT THE PLATFORM WILL BE WITHOUT ERROR OR INVULNERABLE TO VIRUSES, WORMS OR OTHER HARMFUL SOFTWARE OR HARDWARE.
YOU HEREBY ACKNOWLEDGE THAT THE PLATFORM MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, BUT NOT LIMITED TO, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICE OR OTHER ATTACKS, TECHNICAL FAILURE OF THE PLATFORM AND/OR TELECOMMUNICATIONS INFRASTRUCTURE OR DISRUPTION, AND THEREFORE WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY REGARDING THE USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY OR PERFORMANCE OF THE PLATFORM CAUSED BY SUCH FACTORS.
WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS OR OTHER DATA.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES MAY NOT APPLY TO YOU.
Use of Platform at Your Sole Risk. YOUR ACCESS TO AND USE OF THE PLATFORM IS AT YOUR SOLE OPTION, DISCRETION AND RISK. WE SHALL NOT BE LIABLE FOR ANY MALFUNCTIONS OF THE COMPUTER PROGRAMS RELATING TO THE PLATFORM, BUGS OR VIRUSES RESULTING IN LOST DATA OR ANY OTHER DAMAGE TO YOUR COMPUTER EQUIPMENT, MOBILE PHONE OR MOBILE DEVICE OR SOFTWARE, INCLUDING WITHOUT LIMITATION DAMAGE ARISING FROM YOU TOSSING OR OTHERWISE USING YOUR MOBILE DEVICE IN RELATION TO THE APP. FURTHERMORE, WE SHALL NOT BE LIABLE FOR ANY ATTEMPTS BY YOU TO USE THE PLATFORM BY METHODS, MEANS OR WAYS NOT INTENDED BY US. WE ARE NOT REQUIRED TO PROVIDE REDUNDANT OR BACKUP NETWORKS AND/OR SYSTEMS.
No Creation of Warranty. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN OBTAINED BY YOU FROM ANY OF THE RELEASED PARTIES THROUGH OR FROM THE PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Third Party Statements. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR STATEMENTS, ADVICE AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED DICKERSON SPOKESPERSONS. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE OR OPINIONS CONTAINED PROVIDED BY ANY THIRD PARTIES, AND SUCH STATEMENTS, ADVICE AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE OR OPINIONS OF DICKERSON.
LIMITATION OF LIABILITY
Liabilities for our Platform. TO THE EXTENT PERMITTED BY LAW, WE WILL NOT BE RESPONSIBLE FOR ANY LOST PROFITS, LOSS OF USE, LOST OR INACCURATE DATA, FAILURE OF SECURITY MECHANISMS, FINANCIAL LOSSES, OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND.
Maximum Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND WITHOUT LIMITING ANYTHING ELSE IN THESE TERMS, OUR ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO YOUR USE OF THE PLATFORM SHALL BE THE GREATER OF THE AMOUNT YOU PAID US FOR USE OF THE PLATFORM OVER THE PREVIOUS SIX MONTHS AND THE AMOUNT OF $100.
No Liability for Incidental Damages. IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE PLATFORM OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE PLATFORM.
Applicability of Limitations. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES OR JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
SPECIAL TERMS FOR APPS DISTRIBUTED THROUGH THE APPLE APP STORE OR GOOGLE PLAY
Acknowledgement. Our App may be available through the Apple App Store or Google Play. You and Dickerson each acknowledge that these Terms and any other terms and conditions imposed by Dickerson with respect to the Accelerate the Game Apple App and the Accelerate the Game Google App (the “Accelerate the Game App”) and any other agreements entered into between you and Dickerson in connection with the Accelerate the Game App (collectively, the “Accelerate the Game App Agreements”) are between you and Dickerson only, and not with Apple Inc. or Google, Inc. (each an “App Distributor”), and that Dickerson, not an App Distributor, is solely responsible for the Accelerate the Game App and the content thereof. In the event the Accelerate the Game App Agreements provide usage rules for the Accelerate the Game Aps that are in conflict with the App Distributor Terms and Conditions, the App Distributor Terms and Conditions shall control with respect to the Accelerate the Game App.
Scope of License. In addition to the other terms set forth in the Accelerate the Game App Agreements, the licenses granted to you for the Accelerate the Game App are solely for use by you on a device that utilizes the Apple iOS or Android operating system, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor terms of service.
Maintenance and Support. Dickerson is solely responsible for providing any maintenance and support services with respect to the Accelerate the Game App, as specified in the Accelerate the Game App Agreements or as required under applicable law. You and Dickerson acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the Accelerate the Game App.
Warranty. Dickerson is solely responsible for any product warranties, whether express or implied by law, to the extent not disclaimed in the Accelerate the Game App Agreements. In the event of any failure of the Accelerate the Game App to conform to any applicable warranty, you may notify an App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the Accelerate the Game App. Further, to the maximum extent permitted by applicable law, an App Distributor will have no other warranty obligation whatsoever with respect to the Accelerate the Game App and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Dickerson’s sole responsibility.
Product Claims. You and Dickerson acknowledge that Dickerson, not an App Distributor, is responsible for addressing any claims that you or any third party have relating to the Accelerate the Game App or your possession and/or use of the Accelerate the Game App, including, but not limited to: (1) product liability claims; (2) any claim that the Accelerate the Game App fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection, privacy or similar legislation.
Intellectual Property Rights. You and Dickerson acknowledge that, in the event of any third party claim that the Accelerate the Game App, or your possession and use of the Accelerate the Game App, infringes that third party’s intellectual property rights, subject to the limitations of liability and indemnification obligations set forth in the Accelerate the Game App Agreements, Dickerson, not the App Distributor, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Third Party Terms. You must comply with applicable third party terms when using the Accelerate the Game App.
Third Party Beneficiary. You and Dickerson acknowledge and agree that the App Distributors, and their subsidiaries, are third party beneficiaries to these Terms as applicable to the Accelerate the Game App, and that, upon your acceptance of these Terms, each App Distributor will have the right (and will be deemed to have accepted the right) to enforce these Terms (as applicable) against you as a third party beneficiary thereof.
ADDITIONAL TERMS
Waiver of Rights. YOU AGREE THAT BY ACCESSING OR USING OUR PLATFORM, YOU ARE WAIVING THE RIGHT TO A COURT OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST THE RELEASED PARTIES ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR COLLECTIVE PROCEEDING.
Governing Law. The laws of the State of California shall govern all matters arising under or relating to these Terms.
Forum. Any party bringing a legal action or proceeding against any other party arising out of or relating to these Terms must only bring the legal action or proceeding in San Francisco, California. Each party waives, to the fullest extent permitted by law, (i) any objection to the venue of any action, dispute or proceeding arising out of or relating to these Terms; and (ii) any claims of an inconvenient forum.
Waiver of Trial by Jury. EACH PARTY, TO THE EXTENT PERMITTED BY LAW, KNOWINGLY, VOLUNTARILY, UNCONDITIONALLY AND INTENTIONALLY WAIVES ITS RIGHT TO A TRIAL BY JURY IN ANY ACTION OR LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS.
Survival. The provisions of these Terms which by their nature are intended to survive the termination or cancellation of these Terms shall continue as valid and enforceable obligations notwithstanding any such termination or cancellation. Without limiting the foregoing, the provisions of these Terms regarding indemnity and limitations of liability shall survive the termination or cancellation of these Terms.
Electronic Communications. The communications between you and Dickerson use electronic means. For contractual purposes, you: (1) consent to receive communications from us in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically, including, but not limited to, the Agreements, satisfy any legal requirement that such communications would satisfy if they were provided in a hardcopy writing. The foregoing does not affect your non-waivable rights.
Severability. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the applicable Agreements shall continue in effect.
Waivers. Our failure to enforce any provision of the Agreements shall not be deemed a waiver of such provision nor of the right to enforce such provisions.
Admissibility of Terms. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Assignment. We reserve the right to transfer, assign, sublicense or pledge any or all of the Agreements, in whole or in part, to any person without notice, provided that any such assignment will be on the same terms or terms that are no less advantageous to you. You may not assign, sublicense or otherwise transfer in any manner whatsoever any of your rights or obligations under the Agreement.
Headings. The section headings and sub-headings contained in these Terms are for convenience only and have no legal or contractual effect.
Support. If you have any questions or concerns about the Platform or these Terms, please email us at customer.service@fyzbee.com.