Last Updated: 10/8/2014
Welcome to the Findawho.com website (the “Site”). Findawho.com (“Findawho”; “us”; “we”; or “our”) is a site where people or companies (“Service Provider(s)”) can advertise their products and services to consumers. Findawho does not itself offer or provide these products or services, and all offers and transactions for products or services are between the buyer and the Service Provider, not Findawho. Findawho only provides the communications platform to facilitate these transactions and does not monitor the listings or the nature of the services or transactions agreed between buyers and Service Providers.
The terms “you” and “your” refer to the user or viewer of this Site, including potential consumers and Service Providers; however, certain provisions apply only to Service Providers.
incorporated by reference herein, govern your relationship with Findawho and
your use of the Site. Please read these
Terms before using or continuing to use the Site. Do not agree to the Terms unless you both
fully understand and accept them. Your
use or continued use of the Site constitutes your agreement to comply with and
These Terms constitute a legally binding contract between you and
We reserve the
right to change or modify the Terms at any time and in our sole
discretion. Any changes or modifications
will be effective immediately upon posting of the revisions on the Site. Your continued use of the Site after any
changes or modifications will constitute your acceptance of such changes or
modifications. Therefore, you should
review these Terms from time to time. If
you do not agree to the amended Terms, you should not continue to use this
Use of the Site.
Subject to full compliance with these
Terms, we grant you a nonexclusive, nontransferable, nonsublicensable,
terminable license to access and use the Site.
You agree not to access, reproduce, duplicate, copy, sell, re-sell,
modify, distribute, transmit, or otherwise exploit the Site or any of its
content for any purpose except as described in these Terms, without our express
written consent. Findawho may modify,
update, suspend, or discontinue the Site, in whole or in part, at our sole
discretion for any reason, or no reason, at any time and with or without
notice. Findawho shall not be liable to
you or any other user or third party for any such modification, update, suspension,
You agree not to use or provide software or services that interact or interoperate with the Site, including, but not limited to, downloading, uploading, posting, flagging, emailing, searching, or mobile use. Robots, spiders, scripts, scrapers, crawlers, and similar software and programs are prohibited. You shall not collect other users’ personal or contact information, nor shall you make, or cause to be made or associated with the Site, any misleading, unsolicited, unlawful, and or spam postings or emails.
You further agree not to use the Site for
any purpose that is unlawful or prohibited by these Terms or any other purpose
not reasonably intended, including (i) violation of these Terms; (ii) use of
the Site in any manner that violates any relevant law or that infringes,
misappropriates, or violates the publicity, intellectual property, fiduciary,
or contractual rights of any third party; (iii) use of this Site to transmit
content containing advertisements, promotional materials, junk mail; (iv)
hacking or password mining; or (v) transmitting viruses, Trojan horses, worms,
time bombs, cancelbots, or other computer programming routines likely to
damage, interfere with, disrupt, impair, disable, or otherwise overburden the
When using, accessing, or purchasing
particular services or features of the site, you shall be subject to any posted
agreements, guidelines, or rules applicable to such services or features that
may be posted from time to time. All such agreements, guidelines, or rules are
hereby incorporated by reference into these Terms.
We may require
that you create an account to use or access certain parts of the Site and use
certain features. This may require you
to provide login information, like a username and password, to access and use
your account. If we require such
information, you agree to (a) provide Findawho with true, accurate, current,
and complete information as prompted by the registration forms when you
register for these services, and (b) maintain and update the accuracy and
completeness of the information provided during registration. To protect your account, keep your login and
password confidential. You are
responsible for the activity that happens on or through your account.
THE INFORMATION ON THIS WEBSITE IS PROVIDEDON AN “AS IS” BASIS, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OF ANY COMPUTER PROGRAM OR SOFTWARE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION OR NON-INFRINGEMENT. OUR MAXIMUM LIABILITY FOR INACCURATE INFORMATION AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO US FOR THE INFORMATION RECEIVED (IF ANY). WE ARE NOT LIABIE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, LOSS OF BUSINESS, LOSS OF PROFITS, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
content to this Site, you agree to grant Findawho a royalty free, perpetual,
irrevocable, worldwide, nonexclusive, transferable, and sublicensable license
to use your content in connection with operation of the Site, including,
without limitation, the license to use, reproduce, copy, adapt, modify, merge,
distribute, transmit, publically display, publically perform, edit, translate,
reformat, create derivative works, and incorporate such content into other
works. You further grant Findawho all
rights necessary to publish or refrain from publishing your name and address in
connection with your content and to sublicense through multiple tiers the
content. You acknowledge that this
license cannot be terminated by you once your content is submitted to the Site.
that you own or have secured all legal rights necessary for the content you
submit. You agree not to submit any
content that may be considered infringing, harassing, libelous, abusive,
threatening, obscene, profane, hateful, offensive, harmful, vulgar,
distasteful, defamatory, or otherwise violates any relevant law or right of any
other party. All of the content you
submit will be accurate, honest, truthful, and complete in all respects.
cannot and does not guarantee the accuracy, integrity, quality, or
appropriateness of any content transmitted to or through the Site. You acknowledge that we are simply a passive
conduit and an interactive computer service provider for the publication and
distribution of user-generated content.
You understand that all content posted on, transmitted through, or
linked through the Site are the sole responsibility of the person originating the
content, and not Findawho. You understand
that we do not control and are not responsible for content made available
through the Site, and that you may be exposed to inaccurate, misleading, or
In addition, you
agree to bear all risks associated with the use of any content. We are not responsible for the accessibility
or unavailability of any Service Provider or for your interactions and dealings
with any Service Provider. You agree to
release us from any and all liability for or relating to any interactions or
dealings with Service Providers or buyers.
Without limiting the generality of the foregoing, your correspondence or
business dealings with, consumption of products or services of, or
participation in promotions of, third parties or Service Providers found on or
through the use of the Site, including payment for and delivery or fulfillment
of related goods or services, and any other terms, conditions, warranties, or
representations associated with such dealings are solely between the buyer and
the Service Provider. You agree that we
are not liable, directly or indirectly, for any loss or damage of any kind
incurred as a result of any dealings or the presence of such buyers, third
parties or Service Providers on the Site.
You agree that
we have no obligation to screen, preview, monitor or approve any user-generated
content on the Site. However, you
acknowledge and agree that we may moderate access and use of the Site in our
sole discretion, by means including, but not limited to, blocking, filtering,
deleting, omitting, verifying, and/or terminating access, account, or
licenses. You agree not to bypass this
moderation, that we are not liable for moderating, not moderating, or
representations as to moderating, and that nothing we say or do waives our
right to moderate. You further agree
that we may terminate your use or access to the Site without notice for any
reason, and understand that we may exercise this right in our sole discretion. If your access is terminated, you must
immediately cease accessing, using, or attempting to use the Site. You understand that our exercise of the right
of termination is in addition to, and not in substitution for, any other rights
By using the
Site, you agree to take sole responsibility to evaluate the risks associated
with the use, accuracy, usefulness, completeness, or appropriateness of any
content you submit, receive, access, transmit, or otherwise convey or obtain
through the Site. We will not be liable for
any content that contains errors, omissions, defamatory statements, or
confidential or private information or for any loss or damage of any kind
incurred as a result of the use of any content submitted, accessed,
transmitted, or otherwise conveyed via the site. You waive the right to bring or assert any
claim against us relating to content, and release us from any and all liability
for or relating to any content.
You agree that as a Service Provider, your term begins when you sign up to use Findawho’s services and will continue for one month (the “Initial Term”). Your term will automatically renew each successive month (the “Renewal Term”). When you sign up for the Initial Term, Findawho will bill you a fee, determined based upon the level of services you select (the “Fee”). The different subscription tiers and associated Fee and services are attached as Exhibit A. Until we receive
a notice of termination from you, in writing, you expressly authorize us to
charge your PayPal account at the beginning of each renewal term for the amount
of the Fee.
Either party may cancel the Service Provider’s subscription at any time with notice to the noncancelling party. If either party cancels prior to the end of the Initial Term or Renewal Term, Findawho will issue no refund for the remaining days, and there will be no penalty or cancellation fee associated with any early termination. Findawho reserves the right to terminate, without notice, any Service Provider using or providing any false, misleading, or inaccurate information or advertisements, or attempting to use the Site for unlawful purposes.
Digital Millennium Copyright Act.
We respect others’ intellectual property rights and respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the processes set forth in the US Digital Millennium Copyright Act (“DMCA”).
If you believe that your work has been copied in
a way that constitutes copyright infringement, or your intellectual property
rights have otherwise been violated, please provide us with the following
information, via email to firstname.lastname@example.org:
Identification of the copyrighted work claimed
to have been infringed;
Identification of the material that is claimed
to be infringing and access reasonably sufficient to permit us to locate the
Your name, address, telephone number and email
The following statement: “I 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”;
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”; and
A physical or electronic signature of the owner
or person authorized to act on behalf of the owner of an exclusive right that
is allegedly infringed.
Please note that you may be
liable for damages if you materially misrepresent that material is infringing
your copyrights. Accordingly, if you are
not sure whether material infringes your copyright, we suggest you first
contact an attorney.
If your content is the subject of a claim of
infringement, you may make a counter notification pursuant to the DMCA. Please provide us with the following
information, via email to email@example.com:
Identification of the material that has been
removed or to which access has been disabled and the location at which the
material appeared before it was removed or access was disabled;
Your name, address, telephone number and email
The following statement: “I consent to the jurisdiction of the Federal District Court for the [insert federal judicial district where you are located]”;
The following statement: “I will accept service of process from [insert name of person who submitted infringement notification] or his or her agent”;
The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled”; and
A physical or electronic signature of the person
who owns the allegedly infringing content.
Upon receipt of your counter
notification, we will promptly provide the person submitting the original
notification with a copy and inform that person that unless we receive notice
within ten (10) business days that they have filed an action seeking a court
order to cease infringing activity relating to the alleged infringement, we
will replace the removed material and cease disabling access to the content.
Trademarks and Copyrights.
names, graphics, logos, designs, page headers, button icons, and scripts are
the trademarks or trade dress of Findawho in the U.S. and/or other countries,
and you may not use them as part of trademarks, domain names, keyword
advertisements, email addresses, and/or in connection with any product or
service in any way that is likely to cause confusion.
than user-submitted content, all other materials and information on the Site,
such as text, graphics, logos, icons, images, audio and video clips, downloads,
data compilations, and software are the exclusive property of Findawho and/or
its licensors. These materials are
protected by U.S. and international copyright laws.
Warranties and Disclaimers.
AS YOU ACCESS, DOWNLOAD, AND/OR OTHERWISE OBTAIN
INFORMATION AND MATERIALS FROM YOUR USE OF THE SITE AT YOUR OWN RISK AND
DISCRETION, YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, WE DO
NOT REPRESENT OR WARRANT THAT (I) THE SITE AND/OR SERVICES WILL MEET YOUR
REQUIREMENTS, (II) THE SITE AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
THE SITE AND/OR SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SOFTWARE
WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE
FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT
NOTICE TO YOU. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES
OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY
WE SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION
SUBMITTED BY YOU IN CONNECTION WITH THE SITE, BUT YOU ACKNOWLEDGE AND AGREE
THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND WE HEREBY
DISCLAIM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO
SUCH INFORMATION IN ANY WAY.
We have no control over and no duty to take any action regarding: other users’ behavior; what effects Content may have on you; how you may interpret or use content; or what actions you may take as a result of having been exposed to content. You release us from all liability for you having acquired or not acquired content through the Site. We make no representations concerning any content, including the accuracy thereof, contained in or accessed through the Site, and will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site.
The Site may display links to other Internet sites or
resources. Because we have no control over such sites and resources, you
acknowledge and agree that we are not responsible for the availability of such
external sites or resources, and do not endorse and are not responsible or
liable for any content, advertising, products or other materials on or
available from such sites or resources. You further acknowledge and agree
that we shall not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with use of
or reliance on any such content, goods or services available on or through any
such site or resource.
You will indemnify and hold Findawho, and its affiliates, subsidiaries, and their respective officers, directors, employees, and agents, harmless from any claim or demand, including reasonably attorneys’ fees, made by any third party due or arising out of your breach of these Terms, improper use of or access to the Site, and/or your violation of any laws or rights of any third party.
These Terms and the relationship between
you and Findawho will be governed by the laws of the State of Florida,
notwithstanding any choice of law provisions of the venue where any action is
brought, where the violation occurred, where you may be located, or any other
jurisdiction. You agree and consent to
the exclusive jurisdiction of the state or federal courts located in
Jacksonville, Florida, and waive any defense of lack of personal jurisdiction,
improper venue, or forum non conveniens to a claim brought in such court,
except that we may, in our discretion, choose to litigate the action in the
county or state where your breach occurred or where you may be found.
Your use of the
Site constitutes consent to receipt of electronic communications from us, which
may come to you through email or posts on the Site. You agree that any electronic communication
satisfies any legal requirement to make the communications in writing. You shall send all notices to us by sending
either (i) an email to firstname.lastname@example.org;
or (ii) a first-class, certified letter to Findawho.com, 13720 Old Saint
Augustine Road, Suite 8-248, Jacksonville, Florida 32258.
If any provision
of the Terms are held invalid or unenforceable, the provision shall be struck
and the remaining provisions shall be enforced.
Headings are for reference only, and do not limit the scope or extent of
In the event of
any breach of these Terms, we may pursue any remedy, equitable or legal, which
remedies are cumulative, and not exclusive.
Our failure to act with respect to any breach by you or others does not
waive our right to act with respect to subsequent or similar breaches.
IN THE EVENT OF ANY LEGAL DISPUTE UNDER THESE TERMS, BOTH FINDAWHO AND YOU—THE USER, VIEWER, OR SERVICE PROVIDER—EXPRESSLY AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT ALL ISSUES OF FACT AND LAW WILL BE DETERMINED SOLELY BY A JUDGE.
including the policies and other agreements, incorporated herein by reference,
set forth the entire understanding and agreement between us and you.
Private Dashboard to manage your business
Listing your services on the Findawho site for
consumers to hire and review your company
Email and text reminders for upcoming
Calendar displaying upcoming appointments
Integration to PayPal to accept payments from