TERMS AND CONDITIONS OF USE
Last Updated: December 31, 2019
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
- User's Acknowledgment and Acceptance of Terms and Conditions
- Description of Services and Key Terms
- Account Registration And Other Submissions
- Your License To Use The Platform
- User Content and Conduct
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
- Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
- Impersonates any person or entity, including any of our employees or representatives.
AS DETAILED IN THE SECTIONS BELOW, IF YOU ARE A PROVIDER MEMBER, YOU UNDERSTAND AND AUTHORIZE FASH TO USE YOUR INFORMATION TO OBTAIN BACKGROUND CHECKS AND BUSINESS CREDIT CHECKS FROM ITS VENDORS THROUGHOUT THE USE OF THE SERVICE.
We make various services available on Platform for service businesses. Fees for the various services are set out in these Terms below or described elsewhere in this site. You are solely responsible for providing, at your own expense, all equipment necessary to use the services, including a computer and modem; and your own Internet access (including payment of telephone service fees associated with such access).
"Platform" means all Fash.com websites, mobile or other applications, software, processes and any other services provided by or through Fash.com. "Member" means a person who completes Fash.com' account registration process or a person who submits or receives a request through Fash.com, including but not limited to Provider Members and Customer Members. "Customer Member" means a Member who is registered to receive quotes for Provider Services, requests quotes for Provider Services, or otherwise uses the Platform to receive, pay for, or facilitate the receipt of Provider Services. "Provider Member" means a Member who is registered to send quotes for Provider Services, sends quotes for Provider Services, or otherwise uses the Platform to provide, receive payment for, or facilitate the provision of Provider Services. "Content" means text, graphics, images, music, software, audio, video, information or other materials, including but not limited to profile information, Provider Services requests, quotes, message threads, reviews, scheduling and calendar information, and other information or materials available on or through the Platform. "Fash.com Content" means all Content Fash.com makes available on or through the Platform, including any Content licensed from a third party, but excluding User Content. "User Content" means all Content you submit, post, upload, publish, or transmit on or through the Platform, including but not limited to photographs, videos, profile information, descriptions, postings, and reviews. "Collective Content" means User Content and Fash.com Content together. "Provider Services" means the services listed, quoted, scheduled, offered or provided by Provider Members, or sought, scheduled or received by Customer Members, through the Platform.
You must be at least 18 years of age and capable of forming legally binding contracts under applicable law in order to access this site. By accessing or using the Platform, you represent and warrant that you are eligible. By registering or using the Platform to offer, post or provide Provider Services, Provider Members represent and warrant that they, and the employees, agents, contractors, and subcontractors who may perform work for them, are properly and fully qualified and experienced, and licensed, certified, bonded, and insured, as required by applicable laws or regulations to which they may be subject in the jurisdiction(s) in which they offer their Provider Services and in relation to the specific job they are performing. Provider Members understand and agree that sending a quote does not guarantee the quote will be read and using the Platform does not guarantee they will be hired for work. Provider Members understand and agree that we may, in our sole discretion manage and represent your business in Google places. In all aspects, Provider Members agree to comply with all applicable laws, including the California Consumer Privacy Act, in their use of the Platform and any personal information obtained from the Platform.
Fash.com does not provide Provider Services. Provider Members understand and agree that by creating an account on the Platform, they receive only the ability to use the Platform to access persons interested in receiving Provider Services and related tools, including but not limited to the ability to message those persons or schedule appointments, that facilitate the provision of Provider Services. Provider Members understand and agree that using the Platform does not guarantee that anyone including by not limited to Customer Members will engage, book, hire or pay them for Pro Services.
Provider Members understand and agree that they are not Fash employees. Provider members understand and agree that they are customers of Fash, not partners, agents, joint ventureres, or employees. Provider Members acknowledge that they represent themselves and/or their business only, that they set or confirm their own prices or rates, provide their own equipment, and create their own work schedule. Fash has no right to control and does not in any way control the services provided to Customer Members, or any other person, by Provider Members except as specifically mentioned herein.
As permitted by applicable laws, Fash obtains reports regarding Provider Members, which may include but is not limited to history of criminal convictions or sex offender registration, and we may limit, block, suspend, deactivate, or cancel a Provider Member’s account based on the results of such check. As a Provider Member, you agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports from our vendors.
Users may access the Platform without registering for an account. To access and participate in certain features of the Platform, you will need to create a password-protected account ("Account"). You may register by completing our online registration process, which requests certain information and data ("Registration Data") and maintaining and updating your Registration Data as required, or you may register for an Account using your existing Facebook or Google account and log-in credentials (your "Third-Party Site Password").
You agree to provide accurate and complete information during the registration process, request submission process, and at all other times when you use the Platform. You also agree to update information to keep it accurate, current, and complete. You are solely responsible for safeguarding your Fash.com password and, if applicable, your Third-Party Site Password. You are solely responsible for all activity that occurs on your Account, and you will notify Fash.com immediately of any unauthorized use. Fash.com is not liable for any losses by any party caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of Fash.com or others due to such unauthorized use. Your Fash.com Account is non-transferable unless you receive written permission from us and follow all policies and procedures to complete the transfer of the Account.
Subject to your compliance with these Terms, Fash.com grants you a limited, revocable, non-exclusive, nontransferable, and non-sublicensable license to reproduce and display Collective Content (excluding any software source code) solely for your personal and non-commercial use and only in connection with your access to and participation in the Platform. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform or Collective Content, except as expressly permitted in these Terms. The Platform and Collective Content are provided to you AS IS. If you download or print a copy of Collective Content for personal use, you must retain all copyright and other proprietary notices contained thereon. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Fash.com or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit User Content. By making available any User Content on or through the Platform, you hereby grant to Fash.com a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, by means of or to promote, market or advertise the Platform or Provider Services, or for any other purpose in our sole discretion, except that private messaging through the Platform will not be used by Fash.com in public advertising. In the interest of clarity, the license granted to Fash.com shall survive termination of the Platform or your Account. Fash.com does not claim ownership rights in your User Content and nothing in these Terms will be deemed to restrict rights that you may have to use and exploit any such User Content. You acknowledge and agree that you are solely responsible for all User Content that you make available on or through the Platform. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all User Content that you make available on or through the Platform or you have all rights, licenses, consents and releases that are necessary to grant to Fash.com the rights in such User Content, as contemplated under these Terms; and (b) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Fash.com' use of the User Content (or any portion thereof) on, through or by means of the Platform will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree that Fash.com' may proofread, summarize or otherwise edit and/or withdraw Content provided by you, and you understand it remains your sole responsibility to monitor your User Content and ensure that such edited Content is accurate and consistent with your representations and warranties in these Terms. You further agree that you are the author of all Content you create and submit to the Platform and that you are the owner of such Content, subject to the license rights granted in these Terms. Fash.com reserves the right, at any time and without prior notice, to remove or disable access to User Content that we, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Platform or users, or for any other reason.
You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have has no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control. You understand and agree that the services available on this site are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
Your use of the site is subject to all applicable laws and regulations, including Netiquette, and you are solely responsible for the contents of your communications through the site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information -- that:
As a Member or user of the Platform, you may not:
- Use another person's Account, misrepresent yourself or Provider Services offered through the Platform, misrepresent your identity or qualifications, misrepresent a project or other information in a quote request, or post Content in any inappropriate category or areas on the Platform;
- Use any automated system including but not limited to robots, spiders, offline readers, scrapers to access the Platform for any purpose without Fash.com' prior written approval;
- In any manual or automated manner copy copyrighted text, or otherwise misuse or misappropriate Platform information or Content including but not limited to, use on a mirrored, competitive, or third-party site;
- Transmit more request messages through the Platform in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the Platform for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. Fash.com reserves the right to revoke these exceptions either generally or in specific cases;
- Take any action that (a) may unreasonably encumber the Platform's infrastructure; (b) interferes or attempts to interfere with the proper working of the Platform or any third-party participation; (c) bypasses measures that are used to prevent or restrict access to the Platform; (d) circumvents, disables or otherwise interferes with security features of the Platform; (e) distributes viruses or any other technologies that may harm Fash.com or users; (f) uses the Platform in a way that violates any copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights; or (g) circumvents or manipulates Fee (defined herein) structure, billing, or Fees owed;
- Collect, harvest or publish any personally identifiable data including but not limited to names or other account information, from the Platform, or use the communication systems provided by the Platform for any reason not explicitly authorized by these Terms, including commercial solicitation purposes;
- Recruit, solicit, or contact in any form Provider Members or Customer Members for employment or any other use not specifically intended by the Platform;
- Take any inappropriate or unlawful actions, including the submission of inappropriate or unlawful Content to or through the Platform, including Content that is harassing, hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory; advocates, promotes, or encourages inappropriate activity, conduct that would be considered a criminal offense, or conduct that would give rise to civil liability or violate any law;
- Advertise or solicit a Provider Service not related to or appropriate for the Platform including, but not limited to any Provider Service that (a) is not in supported categories or provides only products; (b) provides directories or referrals; (c) offers lending; (d) offers rental space; (e) promotes events (such as a party or professional convention); (f) competes with the business of Fash.com; (g) is based outside the United States; (h) promotes or offers Ponzi schemes, junk mail, spam, chain letters, pyramid schemes, affiliate marketing or unsolicited commercial content, discount cards, credit counseling, online surveys or contests, raffles, prizes, bonuses, games of chance or giveaways; or (i) provides non-local content.
- Submit User Content that damages the experience of any user including but not limited to (a) requests to download non-Fash.com mobile applications and/or links that direct the user to mirrored websites where the user must enter information that is redundant with what has already been entered on Fash.com, (b) offers to purchase a Provider Service or any other service outside of Fash.com, or (c) using a profile page or user name to promote services not offered on or through the Platform;
- Take any action that may undermine the efficacy or accuracy of reviews or ratings systems;
- Fail to perform Provider Services purchased from you as promised, unless the Customer Member fails to materially meet the terms of the mutually agreed-upon agreement for the Provider Services or refuses to pay, or a clear typographical error is made, or you cannot authenticate the Customer Member's identity;
- Engage in fraudulent conduct including but not limited to offering to make money transfers with intent to request a refund of any portion of the payment or soliciting users to mail cash or use other payment methods not specifically approved by Fash.com;
- Sign up for, negotiate a price for, use, or otherwise solicit a Provider Service with no intention of following through with your use of or payment for the Provider Service;
- Agree to purchase a Provider Service when you do not meet a Provider Member's requirements;
- Undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Platform;
- Use the Platform or any other services offered by us to facilitate or inflict harm in any fashion including, but not limited to, financial, emotional, or physical harm upon any other person or company; or
- Attempt to indirectly undertake any of the foregoing.
- As a user of the Site or Member, you agree not to sell, share, send or otherwise disseminate any personal or personally identifiable data as it is defined by the California Consumer Privacy Act, including but not limited to any information related to users of the Site, Provider Members, or Customer Members.
In connection with use of Fash.com' Platform, Fash.com charges certain Fees ("Fash.com Fees" or "Fees"). Provider Members can pay Fees to Fash in order to receive certain services on the Platform, including but not limited to sending a quote, message or otherwise contacting a Customer Member or other user, or being matched with and receiving contacts from Customer Members or other individuals. Fees for any additional products or services will be shown in policies or terms provided to you before you use such products or services.
In order to use Fash as a Provider Member, you must have at least one valid payment method stored on file. Fash will automatically charge a Provider Member’s stored payment method when a Provider Member is automatically matched to a Customer Member or other user as outlined in our Smart Match Policy, when a Provider Member chooses to accept a Customer Member’s or other user’s information pertaining to their request for Provider Services, or when a Customer Member or other user contacts a Provider Member in response to a quote or message that the Provider Member sent them in response to their request for Provider Services. Fash will automatically charge Provider Members in accordance with the Provider Members Budget and Fees for additional products or services, including ongoing products or services, will be presented to you before you use such products or services. Except as otherwise described herein, all sales on Fash are final and non-refundable.
Provider Members Budget. As a Provider Member, Fash may require you to set a budget (“Budget”) for at least one service. Your Budget is how much you are willing to spend on Fees over a specific period (“Budget Period”) for that specific service. If Fash requires you to set a Budget, you agree that Fash can charge your payment method up to the dollar amount set in your Budget during a given Budget Period. You additionally agree Fash is authorized to charge your payment method in excess of your budget for the sole purpose of collecting any applicable taxes. You will not be charged the Budget amount upon setting the Budget. Rather, you will be charged Fees as described in the paragraph above or otherwise explained herein. Unless explicitly specified, Fash will not charge your payment method for contacts by a Customer Member or other individual in excess of your Budget during a given Budget Period unless you increase your Budget before the charges are incurred. While Fash may provide an estimate for the number of customers who may contact you if you set a particular Budget for a particular Budget Period, you acknowledge and agree that any such estimate is not a guarantee, that Fash does not and cannot control any Customer Member or other individual’s interest in contacting or hiring you, and that actual results will vary.
The Budget Period will be identified to you when you set your Budget. The length of the Budget Period will not change within a given Budget Period but may be changed for subsequent Budget Periods. If a Budget Period length changes, you can adjust your Budget as you see fit. If you do not adjust your budget, Fash will automatically pro-rate your Budget from the previous Budget Period to the length of the new Budget Period. For example, if you set a $50 Budget for a one-week Budget Period, and the Budget Period increases to two weeks, then your Budget will automatically be adjusted to $100 for the two-week Budget Period, if you do not make changes manually.
If Fash merges two or more services for which you have Budget set, then your Budget for the service created by the merger will be the sum of your Budgets set for the two or more services prior to the merger. You will be able to update your Budget for the newly combined service for future Budget Periods.
You can change your Budget for a Budget Period at any time, including in the middle of a Budget Period. If you increase your Budget in the middle of a Budget Period, the new Budget will take effect immediately. If you decrease your Budget, the new Budget will take effect at the beginning of the next Budget Period. If you do not change your Budget in advance of a subsequent Budget Period, your existing Budget will automatically be used for the subsequent Budget Period, subject to the forgoing.
As a Provider Member using Fash, there are different points at which your payment method may be charged. If you are new to Fash or do not have a sufficient purchasing history on the Platform as determined in our sole and absolute discretion, your payment method may be charged each time you are contacted by a Customer Member or other individual and you do not have an adequate Fash balance to cover the cost of that contact. Once Fash determines, in its sole and absolute discretion, that you have sufficient purchasing history on Fash, we may charge your payment method periodically for the total Fees accrued (a) during a specific time period; and/or (b) each time the total Fees accrued hit a certain dollar threshold. The frequency of charges may not match the Budget Period described above.
Fash may adjust both the specific time period and the dollar threshold that trigger charges in its sole and absolute discretion. Fash may also, in its sole and absolute discretion, revert to charging your payment method each time you are contacted by a Customer Member or other individual and you do not have an adequate Fash Budget to cover the cost of that contact.
For any applicable Provider Member Fees, Fash will first attempt to charge the default payment method. If Fash is unable to charge the default payment method for any reason--including but not limited to exceeding a payment method’s credit limit, payment method cancellation, a payment method being out of date, or payment method details being incorrect--you agree that Fash may charge any other payment method associated with your account. If your payment details change, your card provider may provide us with updated card details. We may use these new details in order to help prevent any interruption to the services we offer to that Provider Member. If Fash is unable to charge the default payment method, Fash will attempt to charge any other payment methods associated with your Account in the order in which they were most recently provided, used, or updated on the Platform.
Fash may also charge penalty Fees for fraud, misconduct or any other violations of these Terms, as determined in our sole discretion. You agree to pay all applicable Fees or charges based on the Fee and billing terms then in effect, regardless of whether you have an active Account. Charges shall be made to any payment method you made available to Fash during your usage. If you do not pay on time or if Fash cannot charge a payment method for any reason, Fash reserves all rights permissible under law to recover payment and all costs and expenses incurred, including reasonable attorneys' fees, in our pursuit of payment. If any Fee is not paid in a timely manner, or we are unable to process your transaction using the payment method provided, we reserve the right to terminate or suspend your Account.
You explicitly agree that all communication in relation to delinquent accounts or Fees due will be made by electronic mail or by phone. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form. You agree to keep your contact information, including, but not limited to, email address and phone number current. Such communication may be made by Fash or by anyone on its behalf, including but not limited to a third-party collection agent. If you cancel your Account at any time, you will not receive any refund. If you have a balance due on any Account, you agree that Fash may charge such unpaid Fees to any payment method or otherwise bill you for such unpaid Fees.
Payments required by these Terms may be stated exclusive of all taxes, duties, levies, imposts, fines or similar governmental assessments, including sales and use taxes, value-added taxes, goods and services taxes, excise, business, service, and similar transactional taxes imposed by any jurisdiction and the interest and penalties thereon (collectively, “Taxes”). Certain jurisdictions, however, may require us to collect Taxes from you in connection with the purchase of, payment for, access to, or use of the Platform, and you shall be responsible for and bear Taxes associated with the purchase of, payment for, access to, or use of the Platform. Charges are inclusive of applicable Taxes where required by law. You hereby confirm that Fash can determine your appropriate jurisdiction for tax purposes however it deems appropriate or as required by law, and you agree to pay taxes to Fash when Fash includes a charge for taxes on any invoice. You also understand and agree that you are solely responsible for determining your own tax reporting and sales and use tax collection requirements in consultation with your own tax advisers, and that we cannot and do not offer specific tax advice to either Provider Members or Customer Members.
You may receive certain promotions, offers, and/or discounts from Fash (collectively, “Promotions”), including but not limited to discounted Fees or free use of the Platform for a limited period. Any Promotions are offered at our discretion and may be revoked at any time and for any reason.
You are only eligible for any benefit from a Promotion if you received a communication directly from Fash offering you that benefit or Promotion, you satisfy all the requirements identified in that communication; and you maintain an account in good standing with Fash, which is determined at our discretion.
We may determine the recipients of benefits and/or Promotions in any manner we see appropriate, including but not limited to limiting eligibility to a subset of Members, to specific services, or to certain dates. To be eligible for a benefit described in a Promotion, you may need to take a specific action, including but not limited to signing up to for a service or making a payment for specific services.
Any benefits from participating in any Promotion, requirements of accepting the offer, and any other conditions to receive any benefit described in the Promotion will be disclosed to you. After a Promotion ends, regardless of whether you have already satisfied the requirements, you will be ineligible to receive those benefits. Notwithstanding anything to the contrary, we reserve the right to and may revoke a benefit if we believe that you have not satisfied the Promotion requirements, including maintaining an Account in good standing. To the extent you are eligible for multiple promotions that discount a Fee, we will apply those promotions sequentially.
Fash may track the occurrence of communications between Customer Members and Provider Members that occur off the Platform via email, phone call, SMS text message, third-party websites, or any other means, whether the communication was initiated by a Customer Member or Provider Member. We track these communications for fraud prevention, to ensure appropriate charging of Fees, to enforce these Terms, and for quality and training purposes.
In order to track the occurrence of such communications, Fash may obscure Provider Member contact information in a profile, replace Provider Member contact information in a profile with a different piece of contact information that will forward to the Provider Member, or take any other step reasonably calculated to track the occurrence of such communications.
As part of this process, Fash and its service provider will receive in real time and store data about your text message, including but not limited to the date and time of the text message, your phone number, and the content of the text message.
Except as explicitly stated herein, we will not record or review the content of any communications that are not a result or affiliated with your use of Fash.com unless we first obtain your permission.
Fash.com does not endorse any Member, user, or any Provider Services. Fash.com is not a party to any agreements between or among users, Members or third parties. No partnership, joint venture, agency or employment is created as a result of the Terms or any user's or Member's use of any part of the Platform, including but not limited to account creation, chat, or other services. Neither Fash.com nor any Members or users of the Platform may direct or control the day-to-day activities of the other or create or assume any obligation on behalf of the other. As required by these Terms, all Members and users agree that all information they provide to Fash is true and accurate and that they will maintain and update this information as required in order to keep it current, complete and accurate. Fash.com may take additional measures and processes designed to help verify or check the identities or backgrounds of Members or other users, but we do not make any representations about, confirm, or endorse any Member or other user or their purported identity or background, regardless of the specific Fash.com services they are using or any involvement by Fash.com personnel in providing or scheduling those services.
Any reference on the Platform to a Member being licensed or credentialed in some manner, or "badged," "best of," "top," "background checked" or "gold," "silver," or "bronze" (or similar language) designations indicates only that the user has completed a relevant account process and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Fash.com and is not verification of their identity and whether they or their Provider Services are licensed, insured, trustworthy, safe or suitable. Any such description is solely intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Platform.
You should always exercise responsibility, due diligence and care when deciding whether to have any interaction with any other Member or user. Fash.com is not responsible for any damage or harm resulting from your interactions with other users. The Collective Content may contain links to third-party websites, offers, or other events/activities not owned or controlled by Fash.com. We do not endorse or assume any responsibility for any such links, and if you access them, you do so at your own risk. By using the Platform, you understand and agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against those users or other third parties. You agree not to attempt to impose liability on or seek any legal remedy from Fash.com with respect to such actions or omissions.
Fash.com values all our users, and we understand that disputes may arise between or among users. In the rare event a dispute cannot be resolved independently, you agree, at Fash.com' request, to participate with good faith, to the extent you are reasonably able to do so, in a neutral resolution, mediation or arbitration processes conducted by Fash.com or a neutral third party mediator or arbitrator selected by Fash.com. Notwithstanding the foregoing, you acknowledge and agree that Fash.com is under no obligation to become involved in or impose resolution in any dispute between or among users or any third party.
Copyright (c) 2019 Liaison, Inc All Rights Reserved.
Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. In the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party, please contact us at [email protected]
You acknowledge and agree that all feedback, comments, questions and suggestions ("Feedback") you provide to Fash.com are the sole and exclusive property of Fash.com. You hereby irrevocably assign to Fash.com and agree to irrevocably assign to Fash.com all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have. At our request and expense, you will undertake any tasks we may reasonably request to assist us in acquiring, perfecting and maintaining intellectual property rights and other legal protections for the Feedback. Fash.com shall have no obligation concerning the Feedback, including but not limited to no obligation to return any materials or acknowledge receipt of any Feedback. By sending or otherwise transmitting Feedback to Fash.com, you represent and warrant that you have the right to disclose the Feedback and the Feedback does not violate the rights of any other person or entity. This Feedback section shall survive any termination of your Account or the Platform.
In appropriate circumstances we reserve the right to terminate the Account of any user who repeatedly infringes or is believed to be repeatedly infringing the rights of copyright holders. We expect users to respect copyright law.
Without limiting any other rights reserved herein, Fash.com may, in its sole discretion, take any action permitted by law for any violation of these Terms or any other policy or agreement between you and Fash.com, including but not limited to limiting your Account access, requiring you to forfeit certain funds or paid Fees, assessing monetary penalties, removing User Content you posted, terminating or suspending your Account, notifying other Members of your violations of these terms or termination of your account, decreasing your status or search rank, canceling quotes, messages, or postings, blocking access, investigating you, and/or cooperating with law enforcement agencies in investigation or prosecution.
If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior or post notice or explanation to you: (a) your Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Platform or your User Content, or receive assistance from Fash.com support teams; (b) if appropriate, in our sole discretion, we may communicate to other users that your Account has been terminated, and why it has been terminated; and (c) you will not be entitled to any compensation for Platform services or Provider Services cancelled or delayed as a result of Account termination. You may cancel your use of the Platform and/or deactivate your Account at any time from the “Settings” page in your account. From the “Settings” page, click "Account," and then click "Delete Account." Please note that if your Account is cancelled, suspended, terminated, deactivated, paused, limited, and/or blocked for any reason, we are under no obligation to delete or return to you any Content you have posted to the Platform, including, but not limited to, any pictures, videos, and reviews. Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith. These Terms, as well as your liability for any unpaid fees, shall survive any termination.
Fash.com will provide thirty (30) days' notice of any changes to this section by posting on the Platform or sending you an email. Amendments will become effective thirty (30) days after they are posted on Fash.com.com or sent to you by email. Changes will apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on "Changes to This Section" is not enforceable or valid, then this subsection shall be severed from the section entitled Arbitration and Class Action Waiver, and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the Platform. This Arbitration and Class Action Waiver section shall survive any termination of your Account or the Platform.
The Terms and the relationship between you and Fash.com shall be governed in all respects by the laws of the State of Texas, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the Superior Court of Travis County and the United States District Court for Western District of Texas with respect to such matters and for the purpose of litigating all such claims or disputes that are not subject to arbitration. You hereby waive any and all jurisdictional and venue defenses otherwise available.
YOUR USE OF THE PLATFORM, SERVICES OR COLLECTIVE CONTENT SHALL BE SOLELY AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT FASH DOES NOT HAVE AN OBLIGATION, BUT RESERVES THE RIGHT FOR ANY REASON, TO (A) MONITOR OR REVIEW USER CONTENT; OR (B) CONDUCT IDENTITY VERIFICATION, BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, INCLUDING BUT NOT LIMITED TO PROVIDER MEMBERS AND CUSTOMER MEMBERS. THE PLATFORM IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, FASH AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF OR IN TRADE; ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS PLATFORM OR THE Provider SERVICES OFFERED ON OR THROUGH THIS PLATFORM; AND ANY WARRANTIES RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS PLATFORM, INCLUDING WITHOUT LIMITATION ALL COLLECTIVE CONTENT. FASH MAKES NO WARRANTY THAT THE PLATFORM OR PROIVIDER SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE PLATFORM. FASH SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, INFORMATION, MATERIALS, SUBSTANCE, OR COLLECTIVE CONTENT POSTED, TRANSMITTED, OR MADE AVAILABLE VIA THE PLATFORM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FASH OR THROUGH THE PLATFORM, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OR MEMBERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO ANY CUSTOMER MEMBERS, PROVIDER MEMBERS OR SERVICE RECIPIENTS. YOU UNDERSTAND THAT FASH DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE PLATFORM OR TO REVIEW OR VET ANY PROVIDER SERVICES. FASH MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE PLATFORM OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE PLATFORM. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON AND GIVE OR RECEIVE PROVIDER SERVICES. FASH EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USERS OR THIRD PARTIES.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM AND COLLECTIVE CONTENT, YOUR OFFERING OR PROVIDING PROVIDER SERVICES OR REQUESTING OR RECEIVING PROVIDER SERVICES THROUGH THE PLATFORM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF FASH OR THIRD PARTIES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER FASH NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FASH HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) FOR: (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (B) SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS; (E) THE USE OF OR INABILITY TO USE THE PLATFORM, PROVIDER SERVICES OR COLLECTIVE CONTENT; (F) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE PLATFORM OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM; OR (G) YOUR OFFERING OR PROVIDING PROVIDER SERVICES OR REQUESTING OR RECEIVING PROVIDER SERVICES THROUGH THE PLATFORM. IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF FASH AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING FROM OR RELATING TO THE TERMS, PLATFORM, PROVIDER SERVICES, AND/OR COLLECTIVE CONTENT, OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM OR COLLECTIVE CONTENT OR IN CONNECTION WITH ANY PROVIDER SERVICES OR INTERACTIONS WITH ANY OTHER USERS EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO FASH BY YOU HEREUNDER, OR ONE HUNDRED US DOLLARS IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE.
You agree to release, defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, losses, damages and expenses, including but not limited to attorney's or other legal fees, and accounting fees, that arise from your access, use, misuse, or interaction with any Member or user; and the request or receipt or offer or provision of Provider Services by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with such Provider Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
If you are a California resident, you waive California Civil Code Section 1542, which provides: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. If you are not a California resident, you waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.
Software available on or through this site is subject to United States Export Controls. No software from this site may be downloaded or exported (a) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country which the United States has embargoed goods; or (b) anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.
Other than payment obligations, neither Fash.com nor you shall be liable to the other for any delay or failure in performance under the Terms arising out of a cause beyond its control and without its fault or negligence. Such causes may include but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.
You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
You agree that Fash.com may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Platform. With your consent, Fash.com or Provider Members may also contact you by telephone or through text messages. If you have agreed to receive text messages or telephone calls from Fash.com or Provider Members, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by sending an email to [email protected] with "Revoke Electronic Consent" in the subject line. To view and retain a copy of this disclosure or any information regarding your enrollment in this program, you will need (a) a device (such as a computer or mobile phone) with a web browser and Internet access; and (b) either a printer or storage space on such device. For a free paper copy, or to update our records of your contact information, send an email to [email protected] with contact information and the address for delivery.
All notices to a party shall be in writing and shall be made via e-mail. Notices to us must be sent to the attention of Customer Service at [email protected], Paul Mazzola. Notices to you may be sent either to the e-mail address supplied for your account or to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you.
Except as explicitly stated herein, if any provision of the Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.
No waiver of any provision of this these Terms shall be deemed a further or continuing waiver of such term or any other term, and Fash.com' failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Platform or the Provider Services offered therein must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
The section headings in these Terms are for convenience only and have no legal or contractual effect.
If you have any questions about these Terms or the Platform, please contact us by sending an email to [email protected]
SMS Terms and Conditions
Last Updated: December 31, 2019
- User's Acknowledgment and Acceptance of Terms
- Frequency of Text Messages
- Participating Carriers
- Opting Out of Fash Text Messages
- Modifications to these SMS Terms
Liaison, Inc. ("Fash," "we," "us," or "our") provides these SMS Terms and Conditions (the "SMS Terms"), which govern the provision and delivery of text messages by us or our text message service providers to you. Fash provides this service to Members including Customer Members who are using Fash.com to obtain Provider Services.
We or our service providers send text messages to: (1) provide you with information you requested from Fash.com; (2) inform you of improvements, features, or Fash.com services that may be of interest to you; (3) facilitate the matching of Customer Members with Provider Members, and (4) respond to your inquiries regarding your account or use of Fash.
By agreeing to receive text messages, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by emailing [email protected] with "Revoke Electronic Consent" in the subject line.
To view and retain a copy of this disclosure or any information regarding your enrollment in this program, you will need (i) a device (such as a computer or mobile phone) with a web browser and Internet access and (ii) either a printer or storage space on such device. For a free paper copy, or to update our records of your contact information, email Fash support with contact information and the address for delivery.
By signing up to receive Fash text messages, you agree that Fash or its agents may use any automated or non-automated technology to send you informational and/or promotional text messages. The types of text messages you will receive depend on the SMS campaign(s) you opted into. You understand that you are not required to receive Fash text messages as a condition of purchasing property, goods, or services from Fash.
We do not charge you for its text message program. But message and data rates may apply, so depending on your plan with your wireless or other applicable provider, you may be charged by your carrier or other applicable provider.
We may send you an initial message confirming that we have received your opt-in. After that, you will receive recurring text messages, and the specific amount may vary depending on how you use our services and whether you take steps to generate additional text messages from us (such as replying HELP to one of our text messages).
Content is not available on all carriers and carrier participation could change. As of September 24, 2015, our text messages can be sent through the following carriers: AT&T, T-Mobile USA, Verizon Wireless, Sprint, Advantage Cellular (DTC Wireless), Aio Wireless, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Boost Mobile, Carolina West Wireless, CellCom, Cellular One of East Central IL (ECIT), Cellular One of Northeast Arizona, Cellular One of Northeast Pennsylvania, Chariton Valley Cellular, Cricket, Coral Wireless (Mobi PCS), Cross, C-Spire (CellSouth), Duet IP (Maximum Communications New Core Wireless), Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Google Voice, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Metro PCS, Mosaic (Consolidated or CTC Telecom), MTA Communications, MTPCS (Cellular One Nation), Nex-Tech Wireless, NTelos, Panhandle Communications, Peoples Wireless, Pine Cellular, Pioneer, Plateau (Texas RSA 3 Ltd), RINA, Sagebrush Cellular (Nemont), SI Wireless/Mobile Nation, Simmetry (TMP Corporation), SouthernLinc, SRT Wireless, Thumb Cellular, Union Wireless, United Wireless, U.S. Cellular, Viaero Wireless, Virgin Mobile, and West Central (WCC or 5 Star Wireless). The content is not compatible with all cell phone models. Fash will not be liable for any delays in the receipt of any SMS messages or changes to the participating carriers as delivery is subject to effective transmission from your carrier with active participation at that time.
If you no longer want to receive Fash text messages, you may text STOP at any time. After doing so, we will send you confirmation of your opt-out via text message. If you have revoked consent and want to re-enroll in our text message program, you can re-enroll by contacting support.
We reserve the right to modify these SMS Terms, or any part thereof, or add or remove terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your continued enrollment in our text messaging program shall be deemed to constitute acceptance by you of such modifications, additions or deletions.