Flazingo Legal Notices
YOU AGREE THAT BY USING THE SITE, ANY APPLICATIONS, AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
Flazingo, LLC provides an online hiring portal to give visitors access to and use of a specific hiring system and to provide automated software solutions and related services to customers who choose to do their own hiring. Customers need not download or even license Flazingo software. Flazingo hosts its software as a backend service for customers when they create their own search or hiring projects. The Site includes information on commonly encountered hiring issues. Flazingo Services also include step-by-step coaching to address common hiring challenges and the like. At no time do we review information provided by you unless you select services that allow for individual, person to person interaction. It’s important to know that we are not providing legal advice about hiring. We do not monitor or validate your information for legal sufficiency, nor do we draw legal conclusions, provide legal advice, opinions or recommendations about your legal status rights, remedies, options, or strategies, or apply the law to the facts of your particular hiring situation. Flazingo is not a staffing company and does not perform staffing services performed by a traditional staffing company. Flazingo and its Services are not substitutes for the advice of an employment attorney or in house human resource counsel.
Flazingo strives to keep its hiring system state-of-the-art, current and up-to-date. However, because the hiring environment changes rapidly, Flazingo cannot guarantee that all of the information on the Site or Applications are completely current and or in keeping with the hiring trends in your specific industry, discipline, or location. Although hiring best practices are very similar from one industry to the next and in a wide array of disciplines, and locations, there may be variances to consider in addition to the specific system, coaching, and processes found within the Flazingo hiring system. Small Business hiring can be a very personal matter, and no general information or tool like the kind Flazingo provides can fit every circumstance. Furthermore, the information contained on the Site, System, process, tools, coaching advice, etc. are not guaranteed to produce the desired end results of hiring a perfect employee. Model employees are the result of matching the right talent to the right role, culture, values, management, and opportunity. Therefore, if you need hiring advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consider consult with one of our Talent Acquisition Consultants (TAC) or an outside hiring consultant in your area.
From time to time, Flazingo may perform certain hiring services and introduce our visitors to through various methods, including but not limited to (i) hiring tools, (ii) third party TACs, and (iii) third party services not affiliated with Flazingo. At no time is an employee-employer relationship fostered or created with Flazingo, LLC through the performance of any such services.
This Site and Applications are not intended to create any employee-employer relationship, and your use of Flazingo does not and will not create an employee-employer or independent contractor relationship between you and Flazingo. Instead, you are and will be representing yourself in any hiring matter you undertake through Flazingo’s hiring service offering.
When you open an account to use or access certain portions of the Site, Applications, or the Services, you must provide complete and accurate information as requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use a third party's account, user name or password at any time. You agree to notify Flazingo immediately of any unauthorized use of your account, user name or password. Flazingo shall not be liable for any losses you incur as a result of someone else's use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by Flazingo, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else's use of your account or password.
2. Ownership. This Site and Applications are owned and operated by Flazingo,LLC. All right, title and interest in and to the materials provided on this Site and Applications, including but not limited to information, documents, logos, graphics, sounds and images (the "Materials") are owned either by Flazingo or by our respective third party authors, developers or vendors ("Third Party Providers"). Except as otherwise expressly provided by Flazingo, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site or on any Applications shall be construed to confer any license under any of Flazingo’s intellectual property rights, whether by estoppel, implication or otherwise. See the "Legal Contact Information" below if you have any questions about obtaining such licenses. Flazingo does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by Flazingo. Any rights not expressly granted herein are reserved by Flazingo. Flazingo retains the right to aggregate data provided by you, for use in data driven analysis. Any use of information provided by you through the Flazingo web portal will be stripped of any reference to you, or your organization.
4. Links to Third Party Sites. This Site and Applications may contain links to websites controlled by parties other than Flazingo (each a "Third Party Site"). Flazingo works with partners and affiliates whose sites are linked with Flazingo. Flazingo may also provide links to other resources with whom it is not affiliated. Flazingo is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. Flazingo makes no guarantees about the content or quality of the products or services provided by such sites. Flazingo is not responsible for webcasting or any other form of transmission received from any Third Party Site. Flazingo is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Flazingo of the Third Party Site, nor does it imply that Flazingo sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that Flazingo is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
License to Use. Flazingo grants you a limited, personal, non-exclusive, non-transferable license to use our forms (the "Forms") for your own personal, internal business use, or if you are a staffing consultant or professional, for your client. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Forms in any manner, except for modifications in filling out the Forms for your authorized use. You shall not remove any copyright notice from any Form.
Resale of Forms Prohibited. By ordering or downloading Forms, you agree that the Forms you purchase or download may only be used by you for your personal or business use or used by you in connection with your client and may not be sold or redistributed without the express written consent of Flazingo, LLC.
Rights and Responsibilities of Flazingo. Flazingo is not the publisher or author of the User Content. Flazingo takes no responsibility and assumes no liability for any content posted by you or any third party.
Although we cannot make an absolute guarantee of system security, Flazingo takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us by email for help.
If Flazingo’s technical staff finds that files or processes belonging to a member pose a threat to the proper technical operation of the system or to the security of other members, Flazingo reserves the right to delete those files or to stop those processes. If the Flazingo technical staff suspects a user name is being used by someone who is not authorized by the proper user, Flazingo may temporarily disable that user's access in order to preserve system security. In all such cases, Flazingo will contact the member as soon as feasible.
Flazingo has the right (but not the obligation), in our sole and absolute discretion, to edit, redact, remove, re-categorize to a more appropriate location or otherwise change any User Content.
Flazingo reserves the right to refuse service to anyone and to cancel user access at any time.
Rights and Responsibilities of Flazingo Users or Other Posters of User Content.
You are legally and ethically responsible for any User Content - writings, files, pictures or any other work - that you post or transmit using any Flazingo service that allows interaction or dissemination of information. In posting User Content, you agree that you will not submit any content:
· that is known by you to be false, inaccurate or misleading;
· that infringes anyone’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. Please see Compliance with Intellectual Property Laws below;
· that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination, or false advertising). Please see Compliance with Export Restrictions below;
· that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing, or advocates or encourages illegal conduct harmful to any individual, partnership or corporation. Please see Inappropriate Content below;
· that includes advertisements, spam, or content for which you were compensated or granted any consideration by any third party;
· that includes information that references other websites, addresses, email addresses, phone numbers, or other contact information;
· that contains any computer virus, worms, or other potentially damaging computer programs or files;
Under United States federal law, you retain copyright on all works you create and post as User Content, unless you choose specifically to renounce it. In posting a work as User Content, you authorize other members who have access to that service to make personal and customary use of the work, including creating links or reposting, but not otherwise to reproduce or disseminate it unless you give permission for such dissemination.
You grant Flazingo a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell, distribute, and/or incorporate such content into any form, medium, or technology throughout the world without compensation to you. You have the right to remove any of your works from User Content at any time.
You are not required to provide your real name when signing up as a user of Flazingo. Flazingo permits anonymous or pseudonymous accounts. Any user may request that such member's email address be hidden to provide for additional privacy.
Ratings and reviews will generally be posted in two to four business days.
By submitting your email address in connection with your rating and review, you agree that Flazingo may use your email address to contact you about the status of your review and other administrative purposes.
9. NO WARRANTY. THE SITE, APPLICATIONS, AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE OR APPLICATIONS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, FLAZINGO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FLAZINGO MAKES NO WARRANTY THAT: (A) THE SITE, APPLICATIONS, OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, APPLICATIONS, OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, APPLICATIONS, OR ANY MATERIALS OFFERED THROUGH THE SITE OR APPLICATIONS, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, APPLICATIONS, OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.
OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE OR APPLICATIONS IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. FLAZINGO SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
NOTWITHSTANDING THE ABOVE, FLAZINGO OFFERS A 60 DAY SATISFACTION GUARANTEE, THE TERMS OF WHICH ARE AVAILABLE HERE.
10. LIMITATION OF LIABILITY AND INDEMNIFICATION. YOU WILL HOLD FLAZINGO AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY ME OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF FLAZINGO HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF THERE IS LIABILITY FOUND ON THE PART OF FLAZINGO, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO ME. FURTHER, EXCEPT AS PERMITTED BY LAW, NOTHING IN THIS PARAGRAPH IS INTENDED TO MODIFY THE PROVISIONS OF CALIFORNIA BUSINESS AND PROFESSIONS CODE SECTIONS 6400, ET SEQ.
11. Unsolicited Submissions. Except as may be required in connection with your use of Flazingo Services, Flazingo does not want you to submit confidential or proprietary information to us through this Site or any Applications. All comments, feedback, information or material submitted to Flazingo through or in association with this Site shall be considered non-confidential and Flazingo’s property. By providing such submissions to Flazingo you hereby assign to Flazingo, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. Flazingo shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content. If Flazingo uses any information provided by you, Flazingo will remove any reference to you or your organization.
12. Compliance with Intellectual Property Laws. When accessing Flazingo or using the Flazingo hiring system services, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party's copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your Flazingo user account.
Flazingo has adopted a policy that provides for the immediate removal of any content, article or materials that have infringed on the rights of Flazingo or of a third party or that violate intellectual property rights generally. Flazingo’s policy is to remove such infringing content or materials and investigate such allegations immediately.
A. Notice. Flazingo has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. The Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed the rights of the Company or of a third party, or otherwise violated any intellectual laws or regulations. The Company's policy is to act expeditiously upon receipt of proper notification of claimed copyright infringement to remove or disable access to the allegedly infringing content. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want the Company to delete, edit, or disable the material in question, you must provide the Company with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) 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 the service provider to locate the material; (4) Information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and, if available, email address; (5) 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 (6) 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.
The above written information must be sent to our registered Copyright Agent:
c/o Flazingo, LLC.
13920 City Center Dr. Suite 250
Chino Hills, CA 91709
B. Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a written counter-notice containing the following information to the Copyright Agent: (1) Your physical or electronic signature; (2) Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; (3) A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and (4) Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Los Angeles, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, the Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the Company's sole discretion.
15. Personal Use. The site is made available for your personal use in a company setting on behalf of the company you are hiring for.
16. Children. Minors are not eligible to use the Site or Applications and we ask that they do not submit any personal information to us.
18. Copyrights. All Site design, text, graphics, the selection and arrangement thereof, Copyright ©, Flazingo, LLC, Inc. ALL RIGHTS RESERVED.
19. Trademarks. Flazingo, FLazingo.com, the company mark, mascot, logo, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of Flazingo. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
20. Attorney Access Services; Use of Term "Experience." The term "experience" or "experienced," as used on the Site, Applications, and in other communications in reference to third party Talent Acquisition Consultants participating in Flazingo’s Talent Acquisition Consultants or other access services means that the Search plan partner primary handling of each search project fulfills the following: (a) possesses a minimum of five years' experience as a search professional, (b) is an independent contractor and not an employee of Flazingo, (c) is in good standing with Flazingo’s Standards of Quality Review Panel, (d) has no pending or unresolved complaints, as of the date of joining Flazingo’s team of TAC’s. The term "experience" or "experienced" is not intended to be a comparison to any other Search consultant services or qualifications.
21. Use of Testimonials and Media Endorsements. The media hosts on the Site endorse Flazingo as paid spokespeople in our advertising campaigns.
22. Inquiries. BY USING FLAZINGO’S SERVICES OR ACCESSING THE FLAZINGO SITE OR APPLICATIONS, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER TO FLAZINGO VIA THE FLAZINGO SITE OR APPLICATIONS CONSTITUTES AN INQUIRY TO FLAZINGO, AND THAT FLAZINGO MAY CONTACT YOU AT THE NUMBER SUBMITTED EVEN IF SUCH NUMBER APPEARS ON ANY STATE OR FEDERAL DO NOT CALL LISTS (TAKING INTO ACCOUNT INQUIRY EXCEPTION TIME FRAMES AS APPROPRIATE).
Updated January 1, 2013
1. I understand and agree that Flazingo is not a staffing company or an staffing agency, may not perform traditional staffing services performed by an agency, and is not the substitute for the personal advice or level of consultative services offered by an agency. Rather, I am representing myself in this hiring effort.
2. Flazingo exists solely within the County of San Bernardino in the State of California. I agree that regardless of where I reside or where my browser is physically located, my viewing and use of Flazingo occurs solely within the County of San Bernardino in the State of California, and that all content and services shall be deemed to be served from, and performed wholly within, San Bernardino, California, as if I had physically traveled there to obtain such service. I agree that California law shall govern any disputes arising from my use of this website. Disputes shall be resolved through binding arbitration or small claims court as described in the Flazingo Arbitration Agreement, contained in Paragraph 10 of these Terms of Service.
3. I UNDERSTAND THAT THE FLAZINGO REVIEW OF MY ANSWERS IS LIMITED TO COMPLETENESS, SPELLING, AND GRAMMAR, AND FOR INTERNAL CONSISTENCY OF NAMES, ADDRESSES, AND THE LIKE. I WILL READ THE FINAL DOCUMENT(S) (POSITION PROFILE(S), PROFESSIONAL ASESSMENT QUESTIONNAIRES (PAQ), COMPETENCY SELECTIONS MADE BY MYSELF OR ONE OF OUR COMPANY AGENTS, AND ALL OTHER SEARCH RELATED DOCUMENTS (ONLINE OR OTHERWISE) CREATED BY FLAZINGO USING INFORMATION PROVIDED BY ME, BEFORE ACCEPTING IT AND AGREE TO BE SOLELY RESPONSIBLE FOR THE FINAL DOCUMENT(S) AND SEARCH OUTCOMES.
4. Limitation of Liability and Indemnification. I WILL HOLD FLAZINGO ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY ME OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF FLAZINGO HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF THERE IS LIABILITY FOUND ON THE PART OF FLAZINGO, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, EXCEPT AS ALLOWED PURSUANT TO THE FLAZINGO ARBITRATION AGREEMENT, CONTAINED IN PARAGRAPH 11 OF THESE TERMS OF SERVICE, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO ME. FURTHER, EXCEPT AS PERMITTED BY LAW, NOTHING IN THIS PARAGRAPH IS INTENDED TO MODIFY THE PROVISIONS OF CALIFORNIA BUSINESS AND PROFESSIONS CODE SECTIONS 6400, ET SEQ.
6. Additional Terms. I understand that my purchase may be subject to additional terms and conditions. I understand that Flazingo Corporate Center services, including, but not limited to, the Certified Talent Acquisition Consultant (TAC), Candidate Sourcing Specialists (CSS), and Screening Specialists (SS), are subject to the Supplemental Terms of Service for Corporate Center, TAC, CSS, and SS plans and are subject to the Services Legal Plan Contract. If applicable, I acknowledge that I have read and agree to the supplemental terms, which are incorporated herein by reference.
7. Abandoned Orders. Flazingo is a Self Help Subscription Service Hiring Portal. My purchase allows me to create my own Candidate Search and Hiring Strategy Documents and permits me to use the Flazingo hiring system via the online Self Help web portal. I understand that, other than as required by applicable law, I shall have no right to cancel, request a cash refund or obtain store credit for any purchased portal access of Flazingo service regardless of the outcome of the search project, unless Flazingo is at fault. All itemization of fees are displayed for convenience only. Delivered orders shall be governed by the Flazingo Satisfaction Guarantee. Both parties acknowledge that Flazingo is out of pocket time and money for undertaking the work and both parties fully intend to complete the order. Abandoned orders will result in liquidated damages equal to the amount paid to Flazingo for reimbursement of our commitment to service this order.
8. Suspended Accounts. If Flazingo encounters evidence of suspicious activity in connection with my account, including, but not limited to, evidence that my account is being used by someone who is not authorized to do so, I acknowledge that Flazingo, in its sole discretion, may opt to temporarily disable my account for a reasonable amount of time in order to investigate. In the event that Flazingo disables my account, I understand that, absent a subpoena or court order, no information about my account will be provided to anyone outside Flazingo, including me or any authorized contact, until the investigation is complete. Additionally, I understand that Flazingo, in its sole discretion, may decide not to send or make available account or search project access to any documents or work in process associated with my account to me, while my account is disabled. I acknowledge that Flazingo will not be liable for any delays caused by these policies and procedures.
9. DISPUTE RESOLUTION BY BINDING ARBITRATION.
Please read this carefully. It affects your rights.
Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our Customer Care Center at (714) 986-5500. In the unlikely event that the Flazingo Customer Care Center is unable to resolve your complaint to your satisfaction (or if Flazingo has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or in small claims court rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. While in some instances, upfront costs to file an arbitration claim may exceed similar costs to bring a case in court, for any non-frivolous claim that does not exceed $75,000, Flazingo will pay all costs of the arbitration. Moreover, in arbitration you may recover attorney's fees from Flazingo to the same extent or more as you would in court.
Under certain circumstances (as explained below), Flazingo will pay you more than the amount of the arbitrator's award and will pay your attorney (if any) his or her reasonable attorney's fees if the arbitrator awards you an amount greater than what Flazingo offered you to settle the dispute.
You may speak with independent counsel before using this Site or completing any purchase.
(a) Flazingo and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:
· claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory;
· claims that arose before these or any prior Terms (including, but not limited to, claims relating to advertising);
· claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
· claims that may arise after the termination of these Terms.
For the purposes of this Arbitration Agreement, references to " Flazingo," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us.
Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and Flazingo are each waiving the right to a trial by jury or to participate in a class action. These Terms evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms.
(b) A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute ("Notice") to the other party. A Notice to Flazingo should be addressed to: Notice of Dispute, General Counsel, Flazingo, LLC. 13920 City Center Drive, Suite 250, Chino Hills, CA 91709 (the "Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought ("Demand"). If Flazingo and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Flazingo may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Flazingo or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Flazingo is entitled.
You may download or copy a form to initiate arbitration from the AAA website at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015820. (There is a separate form for California residents, also available on the AAA's website at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822.)
(c) After Flazingo receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than $75,000. (Currently, the filing fee is $125 for claims under $10,000, but this is subject to change by the arbitration provider. If you are unable to pay this fee, Flazingo will pay it directly after receiving a written request at the Notice Address.) The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules") of the American Arbitration Association (the "AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. (You may obtain information about the arbitration process directed to non-lawyers, including information about providing notice to Flazingo, at here.) The arbitrator is bound by these Terms. Unless Flazingo and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your contact address. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If you choose to proceed either in person or by telephone, we may choose to respond only by telephone or submission. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a hearing. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings of fact and conclusions of law on which the award is based. The parties agree that any awards or findings of fact or conclusions of law made in an arbitration of their dispute or claim are made only for the purposes of that arbitration, and may not be used by any other person or entity in any later arbitration of any dispute or claim involving Flazingo. The parties agree that in any arbitration of a dispute or claim, neither party will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which Flazingo was a party. Except as otherwise provided for herein, Flazingo will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse Flazingo for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules. An award may be entered against a party who fails to appear at a duly noticed hearing.
(d) If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of Flazingo’s last written settlement offer made before an arbitrator was selected, then Flazingo will:
· pay you either the amount of the award or $2,000 ("the alternative payment"), whichever is greater; and
· pay your attorney, if any, the amount of attorney's fees, and reimburse any expenses (including expert witness fees and costs), that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration (the "attorney's fees").
If Flazingo did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney's fees, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney's fees at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
(e) The right to attorney's fees and expenses discussed in paragraph (d) supplements any right to attorney's fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorney's fees or costs. Although under some laws Flazingo may have a right to an award of attorney's fees and expenses if it prevails in an arbitration proceeding, Flazingo will not seek such an award.
(f) The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND FLAZINGO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. The arbitrator shall not have the power to commit errors of law or legal reasoning, and the parties agree that any injunctive award may be vacated or corrected on appeal by either party to a court of competent jurisdiction for any such error. Each party will bear its own costs and fees on any such appeal. Notwithstanding the foregoing, both parties hereby waive the right to appeal any arbitration award other than an award providing injunctive relief. The arbitrator shall not award relief in excess of what these Terms provide or award punitive damages or any other damages not measured by actual damages. Further, unless both you and Flazingo agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific proviso is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
(g) All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential, other than as part of an appeal to a court of competent jurisdiction.
(h) The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement including, but not limited to, any claim that all or any part of this Agreement is void or voidable. If this specific proviso is found to be unenforceable, it is severable from the rest of the arbitration agreement.
(i) Billing. By opting into the Installment Plan, I am agreeing to make an initial payment (the "Initial Installment Payment") immediately when I place my order. I hereby authorize Flazingo to charge my credit card for two additional installments on approximately, but not before, the first and second month anniversaries (each an "Installment Billing Date") of the Initial Installment Payment. If my purchase date is on the 29th through 31st day of any month, an Installment Billing Date for months with fewer days will fall on the last day of the month. Each payment will be of the same amount, except that if the total purchase price does not divide evenly into three parts, my final installment payment will include all outstanding amounts. I understand that I may pay my outstanding balance at any time without incurring additional charges.
(j) Default. If my credit card is declined, I agree that Flazingo may make up to five attempts to bill that card over a 30 day period. If I remain in default on the second payment when the third payment is due, I authorize Flazingo to charge both the second and third payment amounts to my credit card. If three attempts to charge my card are unsuccessful and my account balance remains unpaid, I understand that Flazingo may report information about my account to credit bureaus, and that late payments, missed payments, and other defaults may be reflected in my credit report. I understand that Flazingo may restrict my ability to purchase other Flazingo products if I am delinquent on any payment. I understand that Flazingo may make efforts to collect a delinquent payment. I understand that if I believe Flazingo has reported inaccurate information to a consumer reporting agency, I may call the Flazingo Customer Care Center at (714) 986-5500 and Flazingo will investigate the matter. I understand that Flazingo may accept late or partial payments, as well as payments that reflect "paid in full" or other restrictive endorsements, without limiting any of its rights under these Terms of Service.
(k) Store Credit. I understand that if I have a Flazingo store credit, the amount of that store credit will be deducted from my total purchase price before installment payment amounts are calculated. Store credit will not count against the
$200 minimum purchase price per product. If I want to apply a store credit issued after my enrollment in the Installment Plan, I may do so by calling the Flazingo Customer Care Center at (714) 986-5500.
(l) Notice of Automatic Billing. Flazingo may send a reminder email to the email address of record for my account before my Installment Billing Dates. I acknowledge and agree that this notice is provided as a courtesy only, and Flazingo is not obligated or required to provide such notice. I acknowledge and agree that (i) my failure to read, (ii) my inability to receive, or (iii) the failure of Flazingo to send the email does not create any liability on the part of Flazingo or any third-party service provider.
(m) Disputed Charges. I understand that if I dispute a charge to my credit card, I should call the Flazingo Customer Care Center immediately at (714) 986-5500 and Flazingo will investigate the matter.
(n) Account Information. I agree to notify Flazingo immediately of any changes to my credit card number, its expiration date, and/or my billing address, or if my credit card expires or is cancelled for any reason. I understand that if my failure to provide Flazingo with accurate, complete, and current information results in delinquent payments, Flazingo may restrict my ability to purchase other Flazingo products, report information about this delinquency to credit bureaus, and/or pursue further collection efforts.
10. Access to World Wide Web; Internet Delays. To use Flazingo services, I must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. I am responsible for providing all equipment necessary to make such connection to the World Wide Web, including a computer and Internet access. Access to certain Flazingo services may be limited or delayed based on problems inherent in the use of Internet and electronic communications. I understand that Flazingo is not responsible for delays, delivery failures, or other damage resulting from such problems.
11. Force Majeure. Flazingo shall not be considered in breach of or default under these Terms of Service or any contract with me, and shall not be liable to me for any cessation, interruption, or delay in the performance of its obligations hereunder by reason of earthquake, flood, fire, storm, lightning, drought, landslide, hurricane, cyclone, typhoon, tornado, natural disaster, act of God or the public enemy, epidemic, famine or plague, action of a court or public authority, change in law, explosion, war, terrorism, armed conflict, labor strike, lockout, boycott or similar event beyond our reasonable control, whether foreseen or unforeseen (each a "Force Majeure Event"). If a Force Majeure Event continues for more than 60 days in the aggregate, Flazingo may immediately terminate these Terms of Service and shall have no liability to me for or as a result of any such termination.
12. Right to refuse. I acknowledge that Flazingo reserves the right to refuse service to anyone.
13. I acknowledge that I have had the opportunity to view sample Flazingo System Services documents and may call Flazingo Customer Care at (800)773-0888 with questions or for assistance locating sample templates.
14. By proceeding with my purchase, I agree to these Terms of Service.
Updated March 24, 2013.