As part of the Services, FBG Social Media Solutions, LLC ("FBG") will provide you with use of the Application, optionally including a browser interface, various smart phone interfaces and data encryption, transmission, access, and storage. Your registration for, or use of, the Services shall be deemed to be your agreement to abide by this Agreement including any materials available on FBG’s site incorporated by reference herein, including but not limited to FBGs’ privacy and security policies. For reference, a Definitions section is included at the end of this Agreement.
1. YOUR RIGHTS AND OBLIGATIONS
1.1 Right to Use. Subject to this Agreement, FBG hereby grants to you a nonexclusive, nontransferable, revocable right to use the Application for the Term (i) to provide social networking management Services to Subscriber, and (ii) other Application Purposes through Application Technologies.
1.2 Access to Application. During the Term of this Agreement, you shall be provided with access to the Application. You initially shall obtain access to the Application at such time as you shall have obtained a user identifier and a password from FBG for access to the Application and agreed to the latest EULA. Notwithstanding anything contained herein to the contrary, you shall not (i) have any rights in or to access the Software or the Application, or (ii) by virtue of optionally providing FBG with your Code or Internet domain name, any rights in or access to the Software or the Application other than as specifically provided in this Agreement.
1.3 Restrictions on Use. You are solely responsible for all User Submissions (as hereinafter defined) that you submit in the course of using the Services. You shall protect any passwords and take full responsibility for your own, and any third party, use of your access to the Application.
You shall abide by all applicable local, state and federal laws and regulations in connection with your use of the Services, including those related to data privacy and the transmission of technical or personal data. You shall: (i) notify FBG as soon as practicable of any unauthorized use of any password or account or any other known or suspected breach of security; and (ii) report to FBG as soon as practicable and use reasonable efforts to stop immediately any copying or distribution of User Submissions that is known or suspected by you.
1.4 Third Party Interactions. During use of the Services, you may contact or enter into correspondence or transactions with Users through the Services. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable User. FBG shall have no liability, obligation or responsibility for any such contact, correspondence or transaction between you and any such User. FBG does not endorse any sites on the Internet that are linked through the Services. FBG provides these links to Subscriber only as a matter of convenience, and in no event shall FBG be responsible for any content, products, or other materials on or available from such sites. FBG provides the Services to Subscriber pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of ancillary software, hardware or services may require your agreement to additional or different license or other terms prior to your use of or access to such software, hardware or services.
1.5 Rights Reserved. FBG reserves the right to cancel accounts for Users who violate this Agreement. FBG respects your copyright. You retain full copyright of any original content that you send through the Services. By posting to the Services, you are granting FBG a license to distribute your content on FBG’s site. FBG reserves the right to view private sites and private posts for the purposes of fixing issues, and to look for copyrighted or other inappropriate material. This will only be done as necessary and these posts will never be shared by anyone else. FBG reserves the right to ban sites and Users that do not comply with its terms of service. Users may not be notified when this occurs. Banned Users may contact FBG’s Customer Support for more information. FBG reserves the right to reclaim site addresses (subdomains) for a period of 6 months or more. FBG will notify Users by email at least 48 hours before reclaiming an address. FBG reserves the right to add affiliate codes to URLs posted to FBG sites. FBG will not remove affiliate codes added by Users.
2. ACCOUNT TERMS
You agree that (i) you must be 18 years old to use the Services; (ii) your login may only be used by one person and a single login shared by multiple persons is not permitted; (iii) accounts registered by “bots” or automated methods are not permitted; (iv) you are responsible for maintaining the security of your account and password and FBG has no responsibility or liability therefore; (v) you are responsible for all Content posted and activity that occurs under your account, even when Content is posted by others who have access to your account. You agree to provide FBG with complete and accurate contact information. This information includes your legal name, street address, telephone number and e-mail address. You agree to update this information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, FBG reserves the right to terminate your access to the Services in addition to any other legal remedies.
3. DATA STORAGE
The maximum disk storage space provided to you at no additional charge is as specified at www.socialofficesuite.com and in the online user guide accessible via the Application. If the amount of disk storage required exceeds these limits, you will be charged the then-current storage fees. FBG will use reasonable efforts to notify you when the average storage used per license reaches approximately 90% of the maximum; however, any failure by FBG to so notify you shall not affect your responsibility for such additional storage charges. FBG reserves the right to establish or modify its general practices and limits relating to storage of files and User Submissions.
4.1 Modifications to Software. FBG may, from time to time, add certain features, enhancements or modifications to the Software. You may, from time to time, request that FBG incorporate certain Custom Developments into the Application or the Software. FBG may, in its sole discretion, undertake to incorporate any such changes to the Software but is not obligated to undertake any such action, enhancement or modification under this Section 4.1.
4.2 Ownership of Modifications. All such error corrections, bug fixes, patches, updates or other modifications and Custom Developments to the Application or the Software shall be the sole property of FBG.
4.3 Modification to Terms. FBG reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Services at any time, effective upon posting of an updated version of this Agreement. You are responsible for regularly reviewing the Agreement. Continued use of the Services after any such changes shall constitute your consent to such changes.
6. PROTECTION OF SOFTWARE AND APPLICATION
6.1 Proprietary Notices. You agree to respect and not to remove, obliterate, or cancel from view any copyright, trademark, confidentiality or other proprietary notice, mark, or legend appearing on the Application or output generated by the Software or Application, and to reproduce and include same on each copy of the Software. Without limiting the foregoing, you agree to respect and not to remove, obliterate, or cancel from view any designation that the Application is “Powered By Henderson Systems, LLC” , and to reproduce and include same on each copy of the Software.
6.2 Ownership. The Software is licensed, not sold, to you. FBG reserves all rights not expressly granted. You acknowledge that the Application in any form provided, including all intellectual property rights related thereto, and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you related thereto, are the sole property of FBG. You shall not have any right or interest to the Software or Application except as provided in this Agreement, and further shall secure and protect the Software consistent with maintenance of FBG’s proprietary rights therein.
6.3 Additional Restrictions On Use of Downloadable Firefox Extension. The following additional restrictions on use apply to the downloadable Firefox Extension portion of the Software included to facilitate various features of the Application:
(a) You may make a single archival copy of Software, but otherwise may not copy, modify, or distribute Software. However if the FBG documentation accompanying Software lists specific portions of Software, such as header files, class libraries, reference source code, and/or redistributable files, that may be handled differently. You may do so only as provided in the FBG documentation;
(b) You may not rent, lease, lend or encumber Software;
(c) Unless enforcement is prohibited by applicable law, you may not decompile, or reverse engineer Software;
(d) The terms and conditions of this Agreement will apply to any Software updates, provided to you at FBG's discretion, that replace and/ or supplement the original Software, unless such update contains a separate license;
(e) You may not publish or provide the results of any benchmark or comparison tests run on Software to any third party without the prior written consent of FBG;
(f) Unless otherwise specified, if Software is delivered with embedded or bundled software that enables functionality of Software, you may not use such software on a stand-alone basis or use any portion of such software to interoperate with any program(s) other than Software;
(g) Software may contain programs that perform automated collection of system data and/or automated software updating services. System data collected through such programs may be used by FBG, its subcontractors, and its service delivery partners for the purpose of providing FBG with remote system services and/or improving FBG's software and systems.
7. USER SUBMISSIONS
7.1 User Submissions. FBG does not own any User Submission. User Submissions are owned by the party contributing such content. As a User of the Services, you are solely responsible for your own User Submissions. By transmitting User Submissions to the FBG site or otherwise through or using the Services, you represent that you have all rights and authorizations to post, submit, display, produce or otherwise transmit, such content. You agree that you will not submit material that is or contains the intellectual property of a third party that you do not have permission to use.7.1 User Submissions. FBG does not own any User Submission. User Submissions are owned by the party contributing such content. As a User of the Services, you are solely responsible for your own User Submissions. By transmitting User Submissions to the FBG site or otherwise through or using the Services, you represent that you have all rights and authorizations to post, submit, display, produce or otherwise transmit, such content. You agree that you will not submit material that is or contains the intellectual property of a third party that you do not have permission to use.
You, not FBG, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all User Data, and FBG shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any User Data. In the event this Agreement is terminated (other than by reason of your breach), FBG may make available to you a file of the User Data within 30 days of termination if you so request at the time of termination. FBG reserves the right to withhold, remove and/or discard User Data without notice for any breach, including, without limitation, non-payment by the Subscriber sponsoring you. Upon termination for cause, your right to access or use User Data immediately ceases, and FBG shall have no obligation to maintain or forward any User Data.
When using the Services, you may be exposed to User Submissions form a variety of sources, and FBG is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions, which may be inaccurate, infringing, offensive, indecent or objectionable. You understand that all information publicly posted or privately transmitted through FBG is the sole responsibility and liability of the person from whom such content originated and that FBG is not and will not be liable for any errors or omissions in any content. You understand that FBG cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, FBG cannot and does not guarantee the authenticity or accuracy of any data that Users may provide about themselves or relationships they may describe.
FBG does not guarantee any confidentiality with respect to any User Submissions and will not treat any User Submissions as confidential.
7.2 Prohibited Content and Use. In using the Application, Software or Services, you shall not (i) post unlawful, pornographic, obscene, harmful, libelous or otherwise tortious content or content which contains threats or incitement to violence or violates the privacy or publicity rights of any third part ; (ii) forge headers or otherwise impersonate someone; (iii) post content you do not have the right to transmit; (iv) post content that infringes on the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; (v) post content which is spam (or otherwise duplicative or unsolicited messages in violation of applicable laws) , machine- or randomly generated, and contains unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites; (vi) post content which furthers other unlawful acts (such as phishing) or misleads recipients as to the source of the material (such as spoofing); (vii) post viruses, worms, malware, Trojan horses, malicious scripts or other harmful or destructive content, (viii) post spam or link bait; (ix) stalk or collect data about others; (x) crawl content without permission from FBG; (xi) use the Software for file sharing; or (xii) link to files on the Application without a link to the original post; (xiii) in the case of content that includes computer code, failed to accurately categorize and/or describe the type, uses and effects of the materials; (xiv) fail to comply with any third-party licenses relating to the content or do all things necessary to successfully pass through to end users any required terms; (xv) interfere with or disrupt the integrity or performance of the Application or the data contained therein; or (xvi) attempt to gain unauthorized access to the Application or its related systems or networks.
Without limiting any of those representations or warranties, FBG has the right (though not the obligation) to, in FBG’s sole discretion (i) to filter any content, (ii) to refuse or remove without notice any content that, in FBG’s reasonable opinion, violates any FBG policy or is in any way harmful or objectionable, or (ii) to terminate or deny access to and use of the FBG site to any individual or entity for any reason, in FBG’s sole discretion. FBG will have no obligation to provide a refund of any amounts previously paid.
8.1 Acknowledgement. You hereby acknowledge and agree that the Software, the Application and any Documentation constitutes and contains valuable proprietary products and trade secrets of FBG and/or its suppliers, embodying substantial creative efforts and confidential information, ideas, and expressions. Accordingly, you agree to treat (and take precautions to ensure that its employees treat) the Software, the Application and Documentation as confidential in accordance with the confidentiality requirements and conditions set forth below. You shall not undertake to patent, copyright or otherwise assert proprietary rights to the Application or the Software or any data generated by use of the Application or any portion thereof. You shall not create any derivative works based on the Application without the prior written consent of FBG. You recognize that all or part of the Software, the Application and/or Documentation may be copyrighted and agrees that granting of this right to use for access to and use of the Software, the Application and Documentation by you shall not be construed as causing the copyrighted material to be public information. You hereby waive any defense that you may have based on the theory that federal copyright law has preempted state of federal trade secret law or other state or federal law protecting proprietary rights generally.
8.2 Maintenance of Confidential Information. You agree to keep confidential all confidential information disclosed to you by FBG in accordance herewith, and to protect the confidentiality thereof in the same manner you protect the confidentiality of similar information and data of your own (at all times exercising at least a reasonable degree of care in the protection of confidential information); provided, however, that you shall not have any such obligation with respect to disclosure to others not parties to this Agreement of such confidential information as can be established to: (a) have been known publicly; (b) have been known generally in the industry before communication by FBG to the Subscriber; (c) have become known publicly, without fault on your part, subsequent to disclosure by FBG; (d) have been known otherwise by you before communication by the FBG; or (e) have been received by you without any obligation of confidentiality from a source (other than FBG) lawfully having possession of such information.
8.3 Injunctive Relief. You acknowledge that the unauthorized use, transfer or disclosure of the Software, the Application or Documentation or copies thereof will (i) substantially diminish the value to FBG of the trade secrets and other proprietary interests that are the subject of this Agreement; (ii) render FBG’s remedy at law for such unauthorized use, disclosure or transfer inadequate; and (iii) cause irreparable injury in a short period of time. If you breach any of your obligations with respect to the use or confidentiality of the Software, the Application or Documentation , FBG shall be entitled to equitable relief to protect its interests therein, including, but not limited to, preliminary and permanent injunctive relief.
8.4 Privacy and Security; Disclosure. FBG’s privacy and security policies may be viewed at www.socialofficesuite.com. FBG reserves the right to modify its privacy and security policies in its reasonable discretion from time to time. Note that because the Services include a hosted, online application, FBG occasionally may need to notify all Users of the Services (whether or not they have opted out as described below) of important announcements regarding the operation of the Services.
8.5 Survival. Your obligations under this Article 8 will survive the termination of this Agreement or of any right to use granted under this Agreement for whatever reason.
9. WARRANTIES; SUPERIOR RIGHTS
9.1 Ownership. FBG represents its belief that it is the owner of the entire right and interest in and to the Software, the Application and the Documentation, and that it has the sole right to grant licenses and right to use thereunder, and that it has not knowingly granted licenses or rights to use thereunder to any other entity that would restrict rights granted hereunder except as stated herein.
9.2 Disclaimer of Warranties/Release. While FBG has the right to monitor activity and content associated with the Services, FBG is not obligated to do so. Because community standards vary and sometimes individuals choose not to comply with FBG’s policies and practices, in the process of using the Services Subscriber may be exposed to content that you may find offensive or objectionable. You can contact FBG’s Customer Service Department to notify FBG of content you find offensive or objectionable. FBG may investigate the complaints and violations of its policies and practices that come to FBG’s attention and may take any action that FBG deems appropriate, including, without limitation, issuing warnings, removing content or terminating accounts and/or subscriptions. FBG, however, also reserves the right not to take any action. Under no circumstances will FBG be responsible or liable in any way for any content, including, without limitation, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the FBG site.
You release FBG from all liability for having acquired or not acquired Content through the Service. FBG makes no representation concerning any Content contained in or accessed through the Services, and FBG will not be responsible or liable for the accuracy, copyright compliance, legality or decency or material contained in or accessed through the Services. FBG DOES NOT REPRESENT OR WARRANT THAT ALL ERRORS IN THE SOFTWARE OR THE APPLICATION WILL BE CORRECTED. THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR USE, EVEN IF FBG HAS BEEN INFORMED OF SUCH PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO SUBSCRIBER.
TO THE FULLEST EXTENT ALLOWED BY LAW, FBG DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, LEGALITY OR OPERABILITY OF CONTENT OR SERVICES. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT FBG IS NOT RESPONSIBLE OR LIABLE FOR ANY HARM RESULTING FROM (1) USE OF THE SERVICES; (2) DOWNLOADING INFORMATION CONTAINED ON THE SERVICES; (3) UNAUTHORIZED DISCLOSURE OF IMAGES, INFORMATION OR DATA THAT RESULTS FROM THE UPLOAD, DOWNLOAD OR STORAGE OF CONTENT POSTED BY USERS; (4) THE TEMPORARY OR PERMANENT INABILITY TO ACCESS OR RETRIEVE ANY USER CONTENT FROM THE SERVICES, INCLUDING, WITHOUT LIMITATION, HARM CAUSED BY VIRUSES, WORMS, TROJAN HORSES, OR ANY SIMILAR CONTAMINATION OR DESTRUCTIVE PROGRAM; (5) CONTENT POSTED IN ANY FORUM OR COMMUNITY AREA OF THE SERVICES; OR (6) UNAUTHORIZED DISCLOSURE OF IMAGES, INFORMATION OR DATA RESULTING FROM THE UPLOAD, DOWNLOAD OR STORAGE OF CONTENT.
9.3 Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT THE CONSIDERATION WHICH FBG IS CHARGING HEREUNDER DOES NOT INCLUDE ANY CONSIDERATION FOR ASSUMPTION BY FBG OF THE RISK OF, AND IN NO EVENT SHALL FBG, ITS MANAGERS, ITS MEMBERS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTITIVES BE LIABLE WITH RESPECT TO THE APPLICATION OR THE SERVICES FOR (1) ANY INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (2) DAMAGES FOR LOSS OF USE, PROFITS, DATA, IMAGES, USER CONTENT OR OTHER INTANGIBLES; (3) DAMAGES FOR UNAUTHORIZED USE, NON-PERFORMANCE OF THE SERVICES, ERRORS OR OMISSIONS; OR (4) DAMAGES RELATING TO DOWNLOADING OR POSTING CONTENT, APPLICATIONS, WIDGETS OR SOFTWARE, EVEN IF FBG HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES. Any provision herein to the contrary notwithstanding, the maximum liability of FBG to any person, firm or corporation whatsoever arising out of or in the connection with any license, use or other employment of the Software, the Application or the Services provided to you hereunder, whether such liability arises from any claim based on breach or repudiation of contract, warranty, tort or otherwise, shall in no case exceed the actual set-up and monthly subscription fees paid to FBG by the Subscriber sponsoring you for the Application or Services. The essential purpose of this provision is to limit the potential liability of FBG arising out of this Agreement. The parties acknowledge that the limitations set forth in this Article 8 are integral to the amount of consideration levied in connection with the rights to use of the Application and any Services rendered hereunder and that, were FBG to assume any further liability other than as set forth herein, such consideration would of necessity be set substantially higher. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMGAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO SUBSCRIBER.
You shall indemnify and hold FBG, any company which owns or has common ownership with FBG, their directors, officers, agents and employees, harmless, including costs and attorneys’ fees, from and against any claims, demands, or causes of action whatsoever, made by any you or other third party, including without limitation those arising on account of (i) access to or use of the Services, posting User Submissions, having acquired or not acquired Content through the Services, violation of this Agreement, infringement of any intellectual property or other right of any person or entity, by you, your employees, agents or representatives or by any third party using your registration information or on whose behalf the Application or Services are utilized, or (ii) your modification or enhancement of the Application or otherwise caused by, or arising out of, or resulting from, the exercise or practice of the right to use granted hereunder by you, your employees, agents or representatives or by any third party using your registration information.
11. DEFAULT AND TERMINATION
11.1 Events of Default. This Agreement and the right to use granted hereunder may be terminated by the non-defaulting party if any of the following events of default occur: (1) if FBG’s agreement with the Subscriber sponsoring you is terminated; (2) if you fail to strictly comply with the provisions of Section 6 (Protection of Application) or Section 8 (Confidentiality) or makes an assignment in violation of Section 16 (Non-assignability); (3) if you fail to perform or comply with any other provision of this Agreement and fail to cure same within thirty (30) days after being provided with written notice of same by FBG; (4) if you become insolvent or admits in writing its inability to pay your debts as they mature, or make an assignment for the benefit of creditors; (5) if a petition under any foreign, state, or United States bankruptcy act, receivership statute, or the like, as they now exist, or as they may be amended, is filed by you; or (6) if such a petition is filed by any third party, or an application for a receiver is made by anyone and such petition or application is not resolved favorably within ninety (90) days.
11.2 Obligations on Termination. Within ten (10) days after termination of this Agreement, you shall cease and desist all use of the Software and the Application and shall return to FBG all full or partial copies of any Documentation in your possession or under its control.
12. INTERNET AND WIRELESS SERVICE
You acknowledge and agree that certain Application Technologies use industry standard internet and wireless communications services to communicate with Designated Equipment. Therefore the cellular telephones of Users must be within cellular coverage to communicate. You further acknowledge and agree that FBG is not the underlying internet or wireless carrier and that FBG and Users may contract with various internet providers and Wireless Service Providers from time to time. Accordingly, UNDER NO CIRCUMSTANCES SHALL FBG BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS, INJURY OR DAMAGE, OF WHATEVER KIND OR NATURE, RESULTING FROM OR ARISING OUT OF FBG’S FAILURE TO PROVISION ANY WIRELESS SERVICE PROVIDER OR ANY MISTAKES, ERRORS, OMISSIONS, DELAYS OR INTERRUPTIONS IN THE RECEIPT, TRANSMISSION OR STORAGE OF ANY MESSAGES, SIGNALS OR INFORMATION ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR USE OF ANY UNDERLYING INTERNET PROVIDER’S NETWORK OR WIRELESS SERVICE PROVIDER’S WIRELESS NETWORK.
FBG, the FBG logo, Social Office Suite and other FBG and/or Social Office Suite logos and names are trademarks of FBG. You agree not to display or use these trademarks in any manner without FBG’s prior written permission. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual laws and treaties.
14. DIGITAL MILLENIUM COPYRIGHT ACT
It is FBG’s policy to respond to valid DMCA takedown notices off alleged copyright infringement. These notices must include all of the information below, as suggested by the U.S. Digital Millenium Copyright Act. FBG’s response to valid takedown notices may include removing the infringing material, and suspending subscriber accounts. FBG will also contact the owner of the infringing material so that they may make a counter notification.
To file a notice of infringement with FBG, a formal communication must be provided to FBG (by regular mail or email) that includes the items specified below:
1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon. This means a link to the original work or a description of what is being copied.
2. Identify the material that is infringing on the work in item #1. This means the link to a FBG site with the material on it.
3. Provide your contact information, preferably email and phone number.
4. Include the statement: "I have a good faith belief that use of the copyrights materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
5. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
Send this information to:
241 W. Charleston Blvd. Suite 111
Las Vegas, NV 89102
FBG may give notice by means of a general notice on the Service, electronic mail to your email address on record in FBG’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in FBG’s account information Such notices shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to FBG (such notice shall be deemed given when received by FBG) at any time by any of the following: letter sent by nationally recognized overnight delivery service or first class postage prepaid mail to FBG Social Media Solutions, LLC at 241 W. Charleston Blvd. Suite 111, Las Vegas, NV 89102 addressed to the attention of: Customer Relations or to such other address as the party to receive the notice or request so designates by written notice to the other.
You shall not assign this Agreement or its rights hereunder without the prior written consent of FBG.
17. GOVERNING LAW; JURISDICTION AND VENUE
The parties acknowledge that this Agreement is being accepted in the State of Nevada. The validity, interpretation, construction and performance of this Agreement shall be governed by the laws of the State of Nevada without regard to internal conflict of laws provisions. The Nevada state courts of located in Clark County, Nevada (or, if there is exclusive federal jurisdiction, the United States District Court for the District of Nevada) shall have exclusive jurisdiction and venue over any dispute arising out of this Agreement, and you hereby consent to the jurisdiction of such courts.
If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect.
This Agreement and its exhibits contain the entire understanding and agreement between the parties respecting the subject matter hereof. This Agreement may not be supplemented, modified, amended, released or discharged except by an instrument in writing signed by each party’s duly authorized representative. All captions and headings in this Agreement are for purposes of convenience only and shall not affect the construction or interpretation of any of its provisions. Any waiver by either party of any default or breach hereunder shall not constitute a waiver of any provision of this Agreement or of any subsequent default or breach of the same or a different kind.
As used in this Agreement, or in any Order Form now or hereafter associated herewith, the following defined terms shall have then meaning given thereto:
21. QUESTIONS OR ADDITIONAL INFORMATION
Questions regarding this Agreement or requests for additional information should be sent through FBG’s support forum accessible via the support tab on FBG’s website at www.socialofficesuite.com or by contacting FBG though FBG’s Twitter page or its Facebook business page.