Effective Date: April 5th, 2021
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND FLRT. BY ACCESSING OR USING THE WEBSITE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT ACCESS OR USE THE WEBSITE.
THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN YOU AND FLRT WILL BE RESOVLED BY BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT, INCLUDING IN A CLASS ACTION PROCEEDING, TO ASSERT OR DEFEND YOUR RIGHTS UNDER THESE TERMS, EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY AND YOUR CLAIMS CANNOT BE BROUGHT AS A CLASS ACTION. PLEASE REVIEW THE SECTION BELOW ENTITLED. "DISPUTE RESOLUTION; ARBITRATION AGREEMENT' FOR DETAILS REGARDING YOUR AGREEMENT TO ARBITRATE ANY DISPUTES WITH US.
REVISIONS TO THESE TERMS
We reserve the right, in our sole discretion, to modify these Terms at any time without notice to you. We will post all modifications to these Terms on the Website and they will become effective immediately upon being posted to the Website. Your continued use of the Website following the posting of such modifications constitutes your acceptance of those modifications. Therefore, you should check the Effective Date of these Terms each time that you visit the Website and review any modifications made since the last time that you visited it.
USER REQUIREMENTS; ACCOUNT
To use the Website, you must be at least eighteen (18) years old and create an account with us. To create an account, you will be required to provide certain information to us and our third-party service providers that provide identity verification services and payment processing services, including certain personally identifiable information (“Personal Information”) and credit card information.
You represent and warrant that (i) you are at least eighteen (18) years old; (ii) all information that you provide to us when creating an account and using the Website is accurate and complete; and (iii) you will promptly update that information as necessary to ensure that it remains accurate and complete.
You are responsible for all activity that occurs on your account and you agree to maintain the confidentiality of your username and password. You further agree not to grant any third party access to your account and to immediately notify us if you suspect that any third party has gained access to your account.
All users of the Website may customize their accounts by uploading profile photos and adding bios that other users of the Website can see (the “Profile Content”). If you are using the Website as a seller, you may also upload pictures and videos of feet and any other forms of content that we may permit you to offer for sale and sell through the Website from time to time (the “Seller Content” and, collectively, with the Profile Content, the “User Content”). All of the Profile Content and, to the extent applicable, the Seller Content that you provide remains your property.
You hereby grant FLRT a non-exclusive, perpetual, royalty-free, irrevocable, transferable, assignable license to reproduce, distribute, publicly display, publicly perform and create derivative works of the User Content solely as necessary for FLRT to operate the Website, with the right to sublicense the Seller Content to purchasers of such content solely for their personal, non-commercial use.
You represent and warrant that you have all rights necessary to grant the foregoing license and that neither the User Content nor FLRT or any other user’s use thereof in accordance with these Terms violates applicable laws or third-party rights, including laws concerning intellectual property, privacy and publicity and third-party rights with respect thereto.
LICENSE GRANT; OWNERSHIP
FLRT hereby grants you a non-exclusive, revocable, non-transferable, non-assignable, non-sublicensable license to reproduce in object code only the Website solely for the purpose of viewing the same in a web browser or on a mobile device that you own or control for your personal, non-commercial use in accordance with these Terms.
If you are using the Website as a buyer, FLRT further hereby grants you a non-exclusive, revocable, non-transferable, non-assignable, non-sublicensable license to access and view the Seller Content that you purchase solely for your personal, non-commercial use in accordance with these Terms.
No other use of the Website or the Seller Content is permitted.
Except as expressly granted above, all right, title and interest in and to the Website and the Seller Content is and shall remain the exclusive property of FLRT and our licensors.
Nothing herein will be construed as granting you any right, title or interest in or to FLRT’s trademarks, including the FeetFinder name and logo.
Except as otherwise provided herein, you agree that you will not yourself or through any third party (i) reproduce, modify, prepare derivative works of or otherwise exploit the Website or the Seller Content that you purchase; (ii) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code for the Website; (iii) rent, lease, sell, assign or otherwise transfer rights in or to the Website or the Seller Content that you purchase to any third party; (iv) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation or the delivery of the Website; (v) use any automated tools to scrape, extract or otherwise gather data or content from the Website; (vi) remove, conceal or alter any identification, copyright or other proprietary rights notices or labels on the Website or the Seller Content that you purchase; (vii) forge headers, misrepresent your identity or otherwise manipulate identifiers to deceive others; (viii) use the Website or the Seller Content that you purchase in a manner that violates applicable laws or third-party rights, including laws concerning intellectual property, privacy and publicity and third-party rights with respect thereto; or (ix) engage in any conduct that interferes with another user’s use or enjoyment of the Website or causes them harm.
MODIFICATIONS TO THE WEBSITE
We may terminate, change, suspend or discontinue any aspect of the Website at any time without notice or liability to you.
Creating an account is free. We may charge a monthly service fee to use the Website and optional paid products, services and/or licenses are available for purchase through the Website. By selecting a product, service and/or license, you agree to pay us the fees indicated for that product, service and/or license plus any applicable taxes in advance of using such product, service and/or license. Payments will be charged on the day you purchase a product, service and/or license. Our third-party payment processor accepts credit and debit cards issued by U.S. banks and other payment and billing methods that may be designated by us at the time of purchase. If a credit or debit card account is being used for a transaction, our payment processor may obtain preapproval for an amount up to the amount of the payment. You represent and warrant that if you are making online payments that (a) any credit card, debit card and bank account information you supply is true, correct and complete, (b) charges incurred by you will be honored by your credit/debit card company or bank, (c) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (d) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information. If you select a service that is dependent on you providing information to us, it is solely your responsibility to provide that information. Product, service and/or license fees are not refundable. We or seller users may change the price of products, services and/or licenses from time to time. We will attempt to notify you via e-mail if we are unable to process your payments, but if we are unable to contact you, your account will be suspended until you provide a valid form of payment.
If you are using the Website as a seller, we will receive a twenty percent (20%) fee for each transaction that you complete through the Website. Our third-party payout processor pays sellers via ACH direct deposits to U.S. bank accounts and other payment methods that may be designated at the time of payment, subject to their terms and conditions including any minimum payout thresholds.
The Website may contain links to third-party websites that are not controlled or operated by us (each, a “Third-Party Website”). FLRT has no responsibility for any information, content, advertising, products, services or other materials on any Third-Party Website, and the presence of such links does not constitute our endorsement, approval or sponsorship of any Third-Party Website. If you choose to link to any Third-Party Website, you are doing so at your own risk and you assume all responsibilities and consequences resulting from such choice, and you will be subject to the Terms and privacy policies of such website.
THE WEBSITE AND THE SELLER CONTENT THAT YOU PURCHASE ARE PROVIDED “AS-IS”, “WHERE-IS” AND “AS-AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FLRT HEREBY EXPRESSLY DISCLAIMS ON BEHALF OF ITSELF AND OUR MEMBERS, STOCKHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “FLRT PARTIES”) ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER FLRT NOR ANY OF THE FLRT PARTIES REPRESENTS OR WARRANTS THAT THE WEBSITE WILL BE ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED OR THAT THE WEBSITE OR THE SELLER CONTENT THAT YOU PURCHASE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DOES FLRT OR ANY OF THE FLRT PARTIES MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF THE WEBSITE OR THE SELLER CONTENT THAT YOU PURCHASE OR ANY OTHER USER CONTENT.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FLRT OR THE FLRT PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY (I) CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, INDIRECT OR SPECIAL DAMAGES OF ANY NATURE ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER LEGAL THEORY, WHETHER IN TORT OR CONTRACT, EVEN IF SUCH PARTY HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING, INCLUDING DAMAGES FROM INTERRUPTION OF BUSINESS, LOSS OF INCOME OR OPPORTUNITIES, LOSS OF DATA, COST OF RECREATING DATA OR COST OF CAPITAL OR (II) DIRECT DAMAGES IN EXCESS OF ONE ($1) U.S. DOLLAR.
YOU AGREE THAT FLRT IS NOT A PARTY TO ANY TRANSACTIONS BETWEEN USERS AND THAT FLRT HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SUCH TRANSACTIONS OR YOUR INTERACTIONS WITH OTHER USERS NOR DOES FLRT HAVE ANY RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY OF THE SELLER CONTENT THAT YOU PURCHASE OR ANY OTHER USER CONTENT.
You shall indemnify, defend and hold harmless FLRT and the FLRT Parties from and against any and all claims, actions, damages, obligations, losses, liabilities, costs and expenses (including reasonable attorneys’ fees, costs of collection and other costs of defense) arising out of or relating to your use of the Website, including your interactions and transactions with other users of the Website and your offer for sale, sale, purchase or use of the Seller Content, as applicable, or your violation of these Terms.
DISPUTE RESOLUTION; ARBITRATION AGREEMENT
FLRT and you agree that all disputes arising from or relating to the Website, any of the User Content or any relationship or dispute between you and us or you and any company or person employed by us, these Terms and/or any policies or practices of any of the above-mentioned companies or persons (a “Dispute”) will only be resolved subject to FINAL AND BINDING ARBITRATION as set forth in this section, and may only be resolved through an individual arbitration governed by the Federal Arbitration Act to the maximum extent permitted by applicable law. You further agree that we shall not have a legal obligation to mitigate any of our potential or actual losses sustained hereunder.
FLRT AND YOU GIVE UP OUR RESPECTIVE RIGHTS TO GO TO COURT in connection with any Dispute and such rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. NEITHER WE NOR YOU SHALL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING IN CONNECTION WITH ANY DISPUTE. Neither we nor you agree to class arbitration or any other arbitration proceedings where a person brings a dispute as a representative of other persons.
If FLRT and you are unable to resolve a Dispute by informal means, the arbitration of that Dispute will be administered by the American Arbitration Association (AAA) in Seattle, Washington in accordance with the Commercial Arbitration Rules, and if deemed appropriate by the arbitrator, the Supplementary Procedures for Consumer-Related Disputes. Any proceeding to enforce this arbitration agreement must be brought in the United States District Court for the Western District of Washington or in any Washington state court of competent jurisdiction with venue lying in King County, Washington to the exclusion of all other forums.
We are committed to respecting others’ intellectual property rights, and we ask you to do the same.
If you believe that your work has been copied on the Website in a way that constitutes copyright infringement, please deliver the information set forth below to our copyright agent at the following mailing address, with an electronic copy to [email protected]:
Attn: Patrick Nielson
PO Box 221
3040 78th Ave SE
Mercer Island, WA 98040
- i. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- i. A description of the copyrighted work that you claim has been infringed;
- iii. A description of the material that is claimed to be infringing, including, where available, a link to where it is located on the Website;
- iv. Your address, telephone number and e-mail address so that we may contact you;
- v. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or law; and
- vi. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the copyright owner
MONITORING, TERMINATION OF THESE TERMS & ACCESS TO THE WEBSITE
We reserve the right to monitor your use of the Website and review the User Content to verify your compliance with these Terms and to (i) limit, suspend or terminate your account and deny you access to the Website and (ii) delete non-compliant User Content and User Content that we believe to be offensive in any manner, all in our sole discretion and at any time with or without notice to you. Termination of your account will result in the immediate termination of these Terms.
Upon termination of these Terms, your right to access the Website and the Seller Content that you purchase through the Website will immediately terminate, but your obligations with respect to transactions occurring during the term of these Terms will survive.
The validity, interpretation and performance of, and any dispute arising under, these Terms will be governed by the laws of the State of Washington without reference to the choice of law provisions of any jurisdiction.
If any provision of these Terms is deemed to be invalid or unenforceable, the invalid or unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms will remain in full force and effect.