THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE IN SECTION 9 (NINE) BELOW.
Effective Date: September 8, 2023
Please read these Terms and Conditions (“Terms”) carefully before using the FOIACONSCIOUSNESS.COM website (the “Website”) operated by FOIACONSCIOUSNESS.COM (“we,” “us,” or “our”).
- Acceptance of Terms
By accessing or using the Website, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree to these Terms, please refrain from using the Website.
- Use of the Website
2.1 Eligibility: You must be at least 18 years old to use the Website. By using the Website, you represent and warrant that you are at least 18 years of age.
2.2 User Account: To access certain features of the Website, you may be required to create a user account. You are solely responsible for maintaining the confidentiality of your account information, including your username and password. You agree to accept responsibility for all activities that occur under your account.
2.3 Prohibited Activities: When using the Website, you agree not to engage in any activities that:
a. Violate any applicable laws, regulations, or third-party rights. b. Interfere with or disrupt the operation of the Website. c. Attempt to gain unauthorized access to any portion of the Website. d. Use the Website for any unauthorized or unlawful purpose. e. Transmit or distribute any harmful or malicious code, viruses, or similar technologies. f. Engage in any fraudulent or deceptive activities.
- Intellectual Property Rights
The content, features, and functionality of the Website, including but not limited to text, graphics, logos, images, and software, are the intellectual property of FOIACONSCIOUSNESS.COM and are protected by copyright and other intellectual property laws. You may not modify, reproduce, distribute, or create derivative works based on any part of the Website without our prior written consent.
- Disclaimer of Warranties
The Website and its content are provided on an “as is” and “as available” basis. We do not warrant that the Website will be uninterrupted, error-free, secure, or free from viruses or other harmful components. We disclaim all warranties, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
- Limitation of Liability
In no event shall FOIACONSCIOUSNESS.COM, its affiliates, officers, directors, employees, or agents be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with the use or inability to use the Website or its content.
- Indemnification
You agree to indemnify and hold FOIACONSCIOUSNESS.COM, its affiliates, officers, directors, employees, and agents harmless from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in connection with your use of the Website, violation of these Terms, or violation of any rights of another party.
- Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of [Jurisdiction]. Any dispute arising out of or relating to these Terms or the use of the Website shall be subject to the exclusive jurisdiction of the courts located in [Jurisdiction].
- Changes to Terms and Conditions
We reserve the right to modify or replace these Terms at any time without prior notice. The most current version of the Terms will be posted on the Website. By continuing to use the Website after any revisions, you accept and agree to be bound by the revised
- Arbitration Clause
In the event of any dispute arising out of or relating to these Terms or the use of the FOIACONSCIOUSNESS.COM website (the “Website”), both parties agree to resolve the dispute through binding arbitration. However, this arbitration clause shall not be construed to waive any right or remedy available to either party under applicable law to seek public injunctive relief.
The parties acknowledge and agree that public injunctive relief refers to injunctive relief that is intended to prevent a violation of law and is for the benefit of the general public or a class of individuals. Such relief may be sought in a court of competent jurisdiction notwithstanding any arbitration provision. The parties expressly waive any right to arbitrate any claims seeking public injunctive relief.
The remaining provisions of this arbitration clause shall remain in full force and effect and shall be enforceable except to the extent they are inconsistent with the waiver of arbitration for public injunctive relief.
If any portion of this arbitration clause is deemed invalid or unenforceable, it shall not invalidate the remaining portions of the arbitration clause or these Terms.
By accepting these Terms, you acknowledge that you have read, understood, and agreed to this arbitration clause. If you do not wish to be bound by this arbitration clause, you must notify us in writing within 30 days of accepting these Terms. Your notification must be sent to FOIACONSCIOUSNESS.COM, 10404 Essex Court Ste 600, Omaha NE 68114. Your failure to opt-out within this timeframe will constitute your agreement to be bound by this arbitration clause.