Last Updated August 23, 2022
Please carefully read these Terms and all other agreements incorporated into these terms and conditions by reference, as they create a binding contract between you and us. All disputes between you and us must be resolved through arbitration, and you waive the ability to sue us on a class action basis. If you have any questions regarding our Services or these Terms, please contact us at email@example.com.
- ACCEPTANCE OF THESE TERMS
You accept these Terms and all documents incorporated by reference when you register as a User (defined in Section 2), use the Services in any manner, or by clicking to accept or agree to the Terms where this option is made available to you in any agreement or electronic form. If you do not agree with these Terms, then you must not use the Services.
- WHAT IS FREEYA?
•Freeya helps you get rid of stuff or pick up new stuff.
Freeya connects individuals (“Users”) so they can easily and securely give away or receive goods with one another. Through our Services Users can (1) post items they have available for pickup (each a “Post”), and (2) search for goods from other Users and schedule to pick up those goods (each a “Pickup”). Our role is to provide a service that facilitates the transmission of Posts and Pickups between Users.
Freeya does not guarantee the quality of any User’s goods and we do not independently verify, and are not liable for, representations made by Users regarding their goods. Freeya is not the retailer of any products or services offered by Users. We are not liable or responsible for any Pickup fulfillment, payments, or delivery services provided, or any errors or misrepresentations by any User.
•You must be at least 18 and meet our eligibility requirements to use Freeya.
To be eligible to use our Services, you must be at least 18 years of age and you must not be barred from receiving the Services under applicable law or have previously been suspended or removed from any of our Services. By using the Services, you represent and warrant that you are of legal age to form a binding contract with us and that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not use our Services.
- USER ACCOUNTS
•You must create a User Account to makes Posts or find Pick Ups.
•You must only submit truthful information.
•You are responsible for your User Account credentials.
To make Posts or Pickups as a User, you must register and create a profile (a “User Account”). You agree to provide true, accurate, current, and complete information about yourself and to maintain and promptly update your information as needed. Please safeguard your User Account credentials and promptly notify us if you believe your credentials have been compromised. You are solely liable and responsible for all activity that occurs under your User Account.
You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. We are not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials or your choice to share any data associated with your account with others. Some Services may not be available to all users.
- FEES AND PAYMENTS
•The Services are offered for free, but some additional Services may incur a fee.
•You are responsible for your own costs using the Services.
The Services are free to use unless otherwise indicated. You may, but are not required to, make purchases to help facilitate Posts or Pickups with other Users. Scenarios where purchases may be made include, but are not limited to: (a) purchasing additional time to pick up an item in addition to the default time window; (b) offering a payment to another User to haul or transport (but not to purchase) an item; or (c) purchasing a Freeya Pro Kit (as described on the Site). Making purchases on the Services does not change these Terms in any way or guarantee that items that you Post will be picked up within a certain time or at any time.
To make purchases, you must provide credit card information within your User Account and by doing so authorize us to charge your credit card account for payment in the specified amount. Unless noted, payments are in US dollars; tax is additional. To the extent permitted by law, payments are nonrefundable, even if you have objections or complaints about the Pickup, Post, or other subject of the payment. If we are unable to charge your credit card, we will contact you using the email associated with your User Account. Failure to promptly arrange alternative payment may result in your User Account being suspended or terminated.
- PAYMENT PROCESSING
•Freeya does not process payments.
•We use a third-party payment processor for all payment information and transactions.
Freeya is not a payment processor and not accept or process payments for orders placed via the Services. All payments are processed via our secure third-party payment gateway and may be subject to the third party’s transaction fee. Freeya does not collect or store any payment information. We are not liable for any issues arising from or related to your breach of any third-party payment gateway terms or policies, nor any security incident occurring on or through the third-party payment gateway’s systems.
- YOUR PRIVACY
•Unless you ask us not to, Freeya shows only your approximate location on a map related to your Post.
- RESOLVING ISSUES WITH PICKUPS OR POSTS
•We may pursue resolution to a complaint against another User, but we don’t have to.
•You agree to our informal dispute resolution process.
•We are not responsible for any issues between you and another User.
You agree that any claim, dispute, or complaint related to a Pickup or Post is between you and the other Users involved. Freeya is not responsible for the actions of Users in connection with a Post or Pickup arranged through the Services and is not responsible for any injury or incident that may arise from another User or third party. Freeya may, at its sole discretion, respond to complaints or feedback regarding particular Users, using any appropriate means to identify and resolve User misconduct. For the purpose of assisting us, you agree to notify us within 24 hours and provide us with all reasonable information relating to any incident or accident that occurs during your use of the Services and you agree to cooperate with any investigation and attempted resolution of such incident, if in our sole discretion we decide to pursue such investigation or attempted resolution. To the extent that you intend to bring an action, claim, or complaint against Freeya related to the Services, you agree to our dispute resolution process, which includes informal dispute resolution, as detailed in these Terms.
- CHARGES FOR DAMAGES OR VIOLATIONS
•We are not responsible for any damage to goods or property.
•We may charge you a fee on behalf of another User if you damage their property.
•You may be subject to charges if you violate these Terms.
You are strictly prohibited from causing nuisance, annoyance, inconvenience, or property damage, whether to another User or any other party, in the course of using our Services. Freeya is not responsible for any damage, including property damage, that occurs during an exchange of goods associated with a Post or Pickup. We may charge you a fee on behalf of a User if, during your use of the Services, you have caused damage to another User’s property that requires repair. The amount of such fee shall be determined, in our sole discretion, based on the type of damage and the severity. Freeya reserves the right to verify or otherwise require documentation of damages prior to processing a fee. In the event that a repair request is verified by Freeya in Freeya’s reasonable discretion, Freeya reserves the right to facilitate payment for the reasonable cost of such repair using your payment method designated in your User Account. Such amounts will be transferred by Freeya to a User and are non-refundable.
Additionally, if you fail to comply with these Terms, you may be responsible for charges, including without limitation, for transactions that could not be completed properly, arising out of or in connection with your failure to comply with these Terms.
- NO EMPLOYEE RELATIONSHIP
•You are not our employee or agent in any way.
You understand the relationship between Freeya and you is that of independent contractors. You acknowledge and agree that you will not be entitled to participate in and/or receive any benefits from Freeya under any circumstances. You further acknowledge and agree that Freeya has no obligation to withhold any income or other payroll taxes on your behalf and that you are solely responsible for compliance with all state, federal, and local laws pertaining to the withholding and payment of taxes upon any compensation you may pay or receive as the result of your use of the Services. You agree to indemnify, defend, and hold harmless Freeya from and against any losses that Freeya incurs as a result of your breach of your obligations under this provision. Nothing in these Terms shall be interpreted to grant either party the power to direct and control the day-to-day activities of the other, constitute the parties as partners, joint venturers, co-owners, principal-agent, or otherwise participants in a joint or common undertaking, or, except as expressly provided herein, allow either party to create or assume any obligation on behalf of the other for any purpose whatsoever.
- LICENSE GRANT
•You have a limited license to access and use the Services.
•We retain ownership and all other intellectual property rights in the Services.
Freeya grants you a limited, non-exclusive, nontransferable, non-sublicensable, revocable license to access, download, install, and use the Services for your own personal, non-commercial purposes, subject to these Terms. The Services are licensed to you, not sold. Nothing in these Terms is intended to, or may be construed as, conferring by implication, estoppel, or otherwise any ownership, license, or other grant of right to any copyright, trademark, or other intellectual property of Freeya or any third party, except as expressly provided in these Terms. We reserve all rights not expressly granted in these Terms.
- ACCEPTABLE USE STANDARDS
•You will only use the Services for permitted uses.
•You may not submit inappropriate material to the Services.
•You will only use the Services as yourself and not for others.
Your use of the Services must comply with Freeya's Acceptable Use Standards described in this section. You hereby agree to not:
- Post items that are or contain: (i) live animals, sentient beings, or living creatures of any kind; (ii) alcohol, tobacco, or other drugs, (iii) firearms, amunition, explosives, or other weapons, (iv) pornographic, obscene, or extremely violent content or use, (v) services or other non-tangible items, or (vi) otherwise objectionable as determined by Freeya in our sole discretion;
- Send messages that violate the CAN-SPAM or other anti-spam laws;
- Use the Services for any unlawful or abusive purpose or in any way which interferes with our ability to provide the Services to other users or potential users;
- Organize or participate in any Prohibited Programs (defined below);
- Transfer or attempt to transfer abnormally large files or streaming media presentations;
- Use a false e-mail address, impersonate any person or entity, or otherwise mislead us or other users as to your identity;
- Use the Service for the benefit of a non-User, broker the Service to third parties, act as an agent for a third party when accessing the Service, or charge of a fee to a third party for the Service;
- Post false, inaccurate, misleading, defamatory, or libelous content (including Personal Information);
- Use the Services in a manner that might confuse others as to Freeya's identity or disparage us;
- Commercialize, rent, retransmit, disclose, publish, resell, assign, lease, sublicense, market or transfer the Services or any portion of it (including Our Contents);
- Copy, reverse engineer, translate, port, modify, or make derivative works of any portion of the Services without Freeya's permission;
- Harvest or otherwise collect information about other Users, including email addresses, without their consent;
- Remove, change, or obscure any copyright, trademark, or other proprietary rights notice or any identification marks or notices of proprietary rights and restrictions from the Services, any elements of the Services, or materials, or documentation within the Services;
- Redistribute, copy, reproduce, or disseminate to any person any information or content (except for content created by and about you for your personal use) without Freeya's prior written consent; or
- Use the Services for any unlawful activities, in violation of any third-party rights, or in any other manner that is deemed objectionable by Freeya in our sole discretion.
Additionally, tampering with the Services, conducting fraudulent activities on the Services, and all other illegal activities are prohibited and may subject you to legal action and/or termination of access to the Services. We reserve the right to establish and revise these Acceptable Use Standards from time to time in our sole discretion.
WE RESERVE THE RIGHT TO IMMEDIATELY DEACTIVATE OR DELETE YOUR USER ACCOUNT AND ALL RELATED DATA AND RESTRICT ANY FURTHER ACCESS TO SUCH DATA AT ANY TIME IN OUR SOLE DISCRETION FOR ANY OR NO REASON, WITH OR WITHOUT NOTICE.
We reserve the right to interrupt or restrict Service at any time, without notice to you, if we suspect you have violated our Acceptable Use Standards or otherwise engaged in fraudulent, abusive, or unlawful activity. You agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe as set forth from time to time at the sole discretion of Freeya. You also agree that we may report any activity that we suspect is unlawful to appropriate government authorities and to cooperate with any investigation conducted by any government authority.
- PROHIBITED ACTS
•You will not engage in any prohibited uses.
You are strictly prohibited from violating or trying to violate our security features, such as by (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures unless we expressly authorize that you do so in writing; (c) attempting to interfere with service to any user, host, or network, such as by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; or (d) sending unsolicited email, including promotions and/or advertising of products or services forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. You hereby agree not to use any device, software, or routine to interfere, or try to interfere, with the proper working of our Services or any activity being conducted on the Services. You further agree not to use, or try to use, any engine, software, tool, agent, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Services other than the search engine and search agents that we make available via the Services and other than the generally available third-party web browsers. If you violate our system or network security, you may face civil or criminal liability. We will investigate occurrences that may involve such violations. We may involve or cooperate with law enforcement authorities in prosecuting users who are involved in such violations.
- INTELLECTUAL PROPERTY
•Freeya and the other Services belong to Freeya, LLC.
Unless otherwise expressly indicated, the information contained on our Services, including but not limited to all images, illustrations, designs, photographs, video clips, text, graphics, icons, designs, software code, written information and screens appearing in the Services, and other materials, as well as copyrights, names, logos, taglines, trade dress, and other trademarks or other intellectual property (collectively, "Our Contents”) are owned, controlled, or licensed by Freeya or its affiliates, or are the property of their respective owners. No license to or regarding any of Our Contents is granted in connection with your use of the Services. You understand that your use of the Services does not authorize you to use Our Contents in any manner other than specifically authorized by these Terms. You may not use Our Contents in any way that might confuse or that disparages us. Any other use of Our Contents in the Services including reproduction for purposes other than as noted herein, without the prior written permission of Freeya, is strictly prohibited. Only a duly authorized officer of Freeya may grant permission or a license to use any of Our Contents; any attempted grant or similar promise by anyone other than a duly authorized officer of Freeya is invalid. Except where provided otherwise, Freeya has no ownership or responsibility with respect to any third-party websites, mobile applications, trademarks, services, products, or business entities.
- Copyright. Our Contents are protected by U.S. and foreign copyright, trademark, trade dress, or other proprietary right laws and international conventions. You do not have permission to copy, reproduce, make derivative works from, distribute, republish, download, display, perform, post electronically or mechanically, transmit, record, or mirror any of Our Contents without the prior written permission of Freeya. You may only display, download, or print Our Contents for the purpose of using the Services as an internal or personal business resource.
- Trademarks. Freeya logos (in various stylizations), other product and service names, trademarks, service marks, product names and trade names associated with Freeya, are exclusively owned by Freeya and may not be copied, imitated, or used, whether in whole, partial or modified form, without the prior written permission of Freeya. You may not use any meta tags or any other hidden text utilizing a Freeya name, trademark, or product name without Freeya’s prior written permission. Third party trademarks and service marks used in our Services are the property of their respective owners, and we use them with their consent. Freeya and the other licensors of the marks in our Services reserve all rights with respect to all Our Contents and all intellectual property.
- Feedback. You may from time-to-time provide us materials, communications, suggestions, comments, improvements, ideas or other feedback related to the Site or our Services (“Feedback”). You hereby additionally grant to us all rights, titles, and interests in and to any Feedback. In the event this grant is not sufficient for us to fully realize and use the Feedback, you grant us a royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use and incorporate into the Services any of the Feedback. By providing Feedback, you are representing that the Feedback is not subject to any intellectual property claim by a third party or any license terms which would require products or services derived from that Feedback to be licensed to or from, or shared with, any third party.
- Reports. We may, from time to time, deidentify, or anonymize the Personal Information or other user data (“Deidentified Information”) that we collect from your use of our Services and combine it with others’ Deidentified Information for research, analysis, machine learning, or to generate reports and studies (collectively, “Reports”). Any such Reports are the sole and exclusive property of Freeya, and we reserve the right to disclose, share, distribute, or publish our Reports for any purpose provided such Reports are not reasonably linkable, directly or indirectly, to your Personal Information. You hereby assign any rights you may have to such Reports, studies, and your Deidentified Information contained therein to Freeya in perpetuity throughout the world for any and all present or future uses in any and all languages and for no compensation. All Deidentified Information will be treated as nonconfidential and nonproprietary. We shall be under no obligation of any kind with respect to such Deidentified Information and shall be free to reproduce, make derivative works from, use, disclose, and distribute the Reports to others without limitation. Additionally, we may use any ideas, concepts, know-how, or techniques contained in generating reports or studies for any purpose whatsoever, including but not limited to developing, manufacturing, or marketing products incorporating such information.
- USER CONTENT
•You own the content that you post, and you give us a license to use it.
The Services enable you to post, upload, store, share, send, or display images, video, data, text, comments, and other information and content (“User Content”) to and via the Services. You represent and warrant that you own your User Content or that you have all rights necessary to grant us a license to use your User Content as described in these Terms. You retain all rights to your User Content that you post to the Services. By making your User Content available on or through the Services you hereby grant to Freeya a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform, reproduce, translate, create derivative works from, and distribute your User Content, in whole or in part, including your name and likeness, in any media.
You are responsible for your User Content. Freeya relies on accurate User Content to provide and improve our Services. Any attempts to submit inaccurate User Content to the Services is strictly prohibited. You represent and warrant that your User Content, the use and provision of your User Content on the Services, and your use of the Services will not (a) infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading, or deceptive; (d) be defamatory, obscene, pornographic, vulgar, or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances. Freeya may, in our sole discretion, alter, remove, or refuse to display any of your User Content, and may forbid you from posting, uploading, storing, sharing, sending, or displaying your User Content to and via the Services.
As part of your use of the Services you may receive service notifications, alerts, emails, or other communications from Freeya or our affiliates. You agree to the receipt of these communications to use the Services, and you will not be able to opt-out from receiving these messages. We may also send you marketing communications by email, mail, or other methods. You can opt-out of marketing communications by unsubscribing from our marketing emails or by emailing us at firstname.lastname@example.org.
- SOFTWARE REQUIREMENTS
•You need a compatible electronic device to use the Services.
•You are responsible for your device and associated service provider fees.
You must have a compatible mobile telephone, handheld device, desktop, or laptop, internet access, and the necessary minimum specifications (“Software Requirements”) to use the Services. The Software Requirements are listed on the relevant page or on the Site. Software may be upgraded from time to time to add support for new functions. The Services may request certain privacy permissions from time to time such as access to your geolocation or mapping applications, device camera or microphone, or other apps and associated features on your device. You acknowledge that the terms of agreement with your respective mobile network provider will continue to apply while you use the Services. Data and messaging charges may apply to your use of the Services or any text messaging or photo sharing features you use. You accept responsibility for any such charges that arise. In no case shall Freeya be responsible or liable to a User or any third party for any loss or damages related to a User’s inability to use the Services due to insufficiency of such User’s device(s) or for any other reason.
- BETA VERSIONS
•These Terms apply to Beta Versions, except we may change or discontinue a Beta Version at any time.
We may make versions of Freeya or other Services available for testing and evaluation purposes prior to their release to the general public (“Beta Versions”). Beta Versions are subject in all respects to these Terms, except that we may discontinue the Services or your ability to use a Beta Version at any time, with or without notice and without further obligations to you. By participating in a Beta Version test, you consent to Freeya accessing all data, including your Personal Information, input or collected via your use of the Services for Freeya to identify bugs, discrepancies, errors, or improvements in the Site. You also understand and agree that we may contact you to learn more about your use of the Services or related activities to improve the Services. You agree to notify us of all comments or suggestions about the Services, including without limitation any problems and ideas for improvements, which come to your attention during use of the Beta Version. By permitting you to access, download, install or use a Beta Version, we do not grant any additional right to you under any copyrights, patents, trademarks, or trade secret information. Freeya reserves the right to condition your access to and use of a Beta Version on your execution of a nondisclosure agreement.
•You agree to download and install updates we offer for the Services.
From time to time, we may, in our sole discretion, develop and provide updates to the Services, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your device settings, when an internet-connected device is connected to the internet, either (a) the Services will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates. You agree to promptly download and install all Updates and acknowledge and agree that the Services or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Services and be subject to these Terms.
- COPYRIGHT INFRINGEMENT/DMCA NOTICE
•We have a policy that you can follow for making copyright infringement claims.
Freeya takes claims of copyright infringement seriously. It is our policy, in appropriate circumstances and at our discretion, to respond to notices of alleged copyright infringement in accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”). Upon receipt of a DMCA compliant notice, we will expeditiously remove or disable access to the content that is the subject of the notice. If you are a copyright owner or an authorized agent thereof, and you wish to file a notice of infringement with us, then you may contact us at email@example.com.
Please include the following information with your complaint (you should speak with your legal counsel or See 17 U.S.C. § 512(c)(3) to confirm these requirements): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by a single notification, a representative list of such works at that site; (c) 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 us to locate the material; (d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) 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 the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all requirements of this section, your DMCA notice may not be valid. If material is believed in good faith by Freeya to infringe a copyright or otherwise violate any intellectual property rights, Freeya will remove or disable access to the material. Before submitting a notice of claimed copyright infringement, please note that doing so can have serious legal consequences. Be sure to consider whether the “fair use” doctrine or another similar limitation of copyright rights applies in your circumstances. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. If you are unsure whether the material available online infringes your copyright, we suggest that you contact an attorney before sending us a notice.
- TERMINATION OF THESE TERMS
•To terminate these Terms you must email us and stop using the Services.
•We may terminate these Terms if you breach them, or at our discretion.
These Terms remain in effect as long as you use any of our Services. You may terminate these Terms at any time by notifying Freeya at firstname.lastname@example.org and ceasing all use of the Services.
If you have a User Account, you must deactivate it either via your User Account settings or by submitting a written request to email@example.com. Once deactivated, your User Account data may not be reinstated. If you cancel or otherwise terminate these Terms, we will retain any fees or other amounts you already paid to us under these Terms.
We may terminate your use of the Services and these Terms immediately upon giving notice to you if you breach any of these Terms or any other agreement between you and us. In addition, we may terminate your use of the Services and these Terms at any time and for any other reason. Sections 8 through 10, 12 through 14, and 22 through 26 shall survive termination of your account and/or the Terms.
Upon termination of these Terms (x) the rights and licenses granted to you herein shall terminate as to the terminated rights; (y) you shall cease all use of the Services that have been terminated; and (z) Freeya may at its own discretion remove and/or purge data, User Account information, and any other information obtained by us in connection with providing you the Services. We reserve the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
- DISCLAIMER OF WARRANTIES
•You use the Services at your own risk.
•We make no warranties about the goods associated with Posts or Pickups.
YOU USE THE SERVICES AT YOUR OWN RISK. THE SERVICES AND ALL COMPONENTS THEREOF ARE PROVIDED TO YOU “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, FREEYA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPLICITLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, INCLUDING ANY WARRANTIES OF USEABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Without limiting the generality of the foregoing, we make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of the Services or any services or goods received or requested through the Services. We do not guarantee the quality or suitability of any goods or services from other Users received via the Services.
FREEYA DOES NOT CONTROL, MANAGE OR DIRECT ANY USERS. USERS ARE NOT ACTUAL AGENTS, APPARENT AGENTS, OSTENSIBLE AGENTS, OR EMPLOYEES OF FREEYA.
FREEYA DOES NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY USER CONTENT OR THIRD-PARTY CONTENT AVAILABLE ON OR LINKED TO BY THE SERVICES. FREEYA CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- LIMITATION OF LIABILITY
•Our liability to you is limited.
NEITHER FREEYA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING PERSONAL INJURY, LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR ANY TRANSACTIONS OR RELATIONSHIP BETWEEN YOU AND ANY OTHER USER, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FREEYA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE GOODS OR SERVICES WITH OTHER USERS, BUT YOU AGREE THAT FREEYA HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY GOODS OR SERVICES PROVIDED TO OR NOT PROVIDED TO YOU BY USERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
IN NO EVENT WILL FREEYA’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNT OF MONIES YOU HAVE PAID TO US TO USE THE SERVICES OR, IF YOU HAVE NOT PAID ANY MONIES TO FREEYA RELATED TO THE SERVICES, ONE HUNDRED DOLLARS ($100). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FREEYA AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
•You indemnify and hold us harmless.
YOU AGREE TO INDEMNIFY AND HOLD FREEYA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS HARMLESS FROM ANY CLAIMS, SUITS, ACTIONS, DEMANDS, DISPUTES, ALLEGATIONS, OR INVESTIGATIONS BROUGHT BY ANY THIRD PARTY, GOVERNMENTAL AUTHORITY, OR INDUSTRY BODY, AND ALL LIABILITIES, DAMAGES, LOSSES, COSTS, AND EXPENSES, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, ARISING OUT OF CONTENT YOU SUBMIT, POST, TRANSMIT OR OTHERWISE SEEK TO MAKE AVAILABLE THROUGH THE SERVICES, YOUR USE OF THE SERVICES, YOUR ACTIVITIES THAT GENERATE THE USER CONTENT YOU POST OR SEEK TO POST ON THE SERVICES, YOUR CONNECTION TO THE SERVICES, YOUR VIOLATION OF THESE TERMS, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER PERSON OR ENTITY.
- DISPUTE RESOLUTION
•If you have a dispute with us or another User, you will first follow our dispute resolution process.
•If informal dispute resolution does not work, you agree to arbitration.
•You will not bring a class action against us.
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT CONTAINS A CLASS ACTION WAIVER, REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES, AND CLAIMS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. You agree that any dispute, controversy or claim between you and Freeya arising out of or relating to: (1) these Terms, or the breach thereof; (2) our provision of the Services; (3) your access to or use of the Services; or (4) any alleged violation of any federal, state, or local law, statute, or ordinance (each such dispute, controversy or claim, a “Dispute”) will be governed by the arbitration procedure outlined below.
- Informal Dispute Resolution. We want to address your concerns without the necessity of a formal legal case. Before filing a claim against Freeya, you agree to try to resolve the Dispute informally by contacting firstname.lastname@example.org. Freeya will contact you by email as part of a good faith effort to resolve the Dispute informally. If a Dispute is not resolved within 30 days after submission, you or Freeya may bring a formal proceeding.
- Arbitration Agreement. You and Freeya each agree to resolve any Disputes through final and binding arbitration administered by JAMS Mediation, Arbitration and ADR Services. The arbitration will be held in Portland, Oregon, United States, or any other location we agree to. The JAMS rules will govern payment of all arbitration fees. Notwithstanding the foregoing, either you or Freeya may assert claims, if they qualify, in small claims court in Portland, Oregon or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of our Services, or infringement of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute resolution process described above.
- Class Action Waiver. You may only resolve Disputes with Freeya on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under these Terms.
- Governing Law. Except as otherwise required by applicable law, the Terms and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of Oregon without regard to its conflict of laws principles. The Federal Arbitration Act, Oregon state law, and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to these Terms. You hereby consent to the exclusive jurisdiction of the state and federal courts located in Multnomah County, Oregon, USA to enforce these Terms or adjudicate any other Dispute, and you and Freeya each agree to waive the right to a jury trial. Except as otherwise required by applicable law, if the agreement to arbitrate is found not to apply to you or your claim, you and Freeya agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts in Multnomah County, Oregon.
- Limitation on Claims. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
- Geographic Restrictions. Freeya is owned and operated in the United States. We make no claims that the Services or any other products or services or their content is accessible or appropriate outside of the United States. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
- Entire Agreement. Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between Freeya and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Freeya and you regarding the Services and Our Contents.
- Assignment. You may not assign, delegate, or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Freeya may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
- Waiver; Severability. Freeya’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Freeya. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.
- Consent to Electronic Communications. By downloading or using our Services, creating a User Account, or typing your name into any of our electronic forms and indicating your acceptance or submission of information by clicking a box, you consent to (a) our communicating with you electronically; (b) receiving all applications, notices, disclosures, and authorizations (collectively, “Records”) from us electronically; and (c) entering into agreements and transactions using electronic Records and signatures. Please note that federal law treats electronic signatures as having the same legal force and effect as if they were signed on paper by hand, and online contracts have the same legal force as signing an equivalent paper contract in ink. We will use electronic documents for all communications, notices, agreements, disclosures, authorizations, and other documents necessary to provide you with the Services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You must have a computer or other web-enabled device, an internet connection, an active email account, and the ability to receive and read PDF files to conduct business with us electronically. You agree to be responsible for keeping your own Records. If you require assistance with your Records or if you wish to receive Records in paper format or to withdraw your consent to receiving electronic records from us, please contact us at email@example.com. Agreements and transactions executed prior to this request will remain valid and enforceable.
- Third-Party Services. Links to third-party services from the Services are provided solely for your convenience. We are not responsible for the content of any other services, nor do we make any representations about the content or accuracy of material on any other services. Inclusion of any linked website on our Services does not imply our approval or endorsement of the website. Please be aware that when you click on links that take you to external websites, you do so at your own risk and you will be subject to their privacy policies and practices and not ours. Any concerns regarding any such website, service, or resource should be directed to the website’s owner or operator.
- Notices. Freeya will notify you of any material changes to the Terms or to any service or other features of the Services. Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given (i) via email; or (ii) by posting to particular pages of the Services. For notices made by email, the date of receipt on the message will be deemed the date on which such notice is transmitted.