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Terms of Service

1.  Privacy Policy, these terms and FD AI & Tech Solutions Terms & Conditions

 

By using any FD AI & Tech Solutions website, using FD AI & Tech Solutions' products or services, or providing User Content or Feedback Messages to or through any FD AI & Tech Solutions website, you confirm, acknowledge, and agree that you have read these Terms and agree to be bound by them. If you do not agree to these Terms, you may not access or use any FD AI & Tech Solutions website. You also accept and agree to the terms of our Privacy Policy, which is expressly incorporated herein.  Before using any FD AI & Tech Solutions website, please carefully review our Privacy Policy. All personal information provided to us as a result of your use of any FD AI & Tech Solutions website will be handled in accordance with our Privacy Policy.    

 

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2.  Changes to these Terms

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We reserve the right to change these Terms and our Privacy Policy.  Any updates to these Terms or the Privacy Policy will be posted on the FD AI & Tech Solutions websites. It is your responsibility to review these Terms and our Privacy Policy from time to time and be aware of any such changes. By continuing to use any FD AI & Tech Solutions website, using FD AI & Tech Solutions products or services, or by continuing to provide User Content or Feedback Messages, you consent to any updated version of these Terms and/or Privacy Policy, as modified.  


 

3. Content 

 

As used in these Terms, the word "Content" refers to the information, data, and content on any FD AI & Tech Solutions website, including, but not limited to, all of the software and code comprising or used to operate any FD AI & Tech Solutions website, and all of the page headers, logos, text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, product and service information, product and service descriptions, formats, hashtags, designs, and other materials available on any FD AI & Tech Solutions website, as well as, any User Content and Feedback Messages. All Content (including User Content and Feedback Messages) on any FD AI & Tech Solutions website is provided for your general information. Although our goal is to provide accurate Content, some information, for example, pricing information or product or service availability, may not be accurate or up-to-date. We may change, add or remove some or all of the Content on any FD AI & Tech Solutions website at any time and reserve the right to discontinue or suspend any portion (or the entirety) of any FD AI & Tech Solutions website at any time for any reason.

 

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4.  Intellectual Property Rights in Content 

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FD AI & Tech Solutions' names and logos, as well as, all product, company and/or service names, graphics, button icons, and all trademarks, service marks, and logos, appearing within any FD AI & Tech

 Solutions website, unless otherwise noted, are trademarks, service marks and/or trade dress of FD AI & Tech Solutions (the "FD AI & Tech Solutions Marks").  Except as expressly provided in these Terms, you are not authorized to display or use any FD AI & Tech Solutions Marks without FD AI & Tech Solutions' prior written permission. Some content on the FD AI & Tech Solutions websites may include trademarks, product names, company names, logos, service marks, and/or trade dress belonging to other third-party licensors and are used pursuant to an agreement with such third parties ("Third Party Marks").  All Third Party Marks mentioned, displayed, cited, or otherwise indicated within any FD AI & Tech Solutions website are the property of their respective owners. Except as expressly provided in these Terms, you are not authorized to display or use any Third Party Marks without the prior written permission of such owners. The Content on any FD AI & Tech Solutions website (including FD AI & Tech Solutions Marks and Third Party Marks) is protected under applicable intellectual property and other laws, including, without limitation, the laws of the United States and other countries.  All Content and intellectual property rights therein are the property of FD AI & Tech Solutions or the third party owner who has expressly granted FD AI & Tech Solutions permission to use any material protected by any applicable copyright or trademark.  The use or misuse of any FD AI & Tech Solutions Marks, Third Party Marks, or any other Content, material, or information protected by any copyright, trademark, patent, or intellectual property rights except as permitted herein, is expressly prohibited. 

 

Copyright Infringement – DMCA Notice

 

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law. If you believe in good faith that Content or material on any FD AI & Tech Solutions website infringes a copyright owned by you, you (or your agent) may send FD AI & Tech Solutions a notice requesting that the material be removed, or access to it blocked. This  request should be sent to: Contact Us link in the website. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has 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 (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.  If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to any FD AI & Tech Solutions website should be sent to the address above. Any inquiries not relevant to the above-described procedure will not receive a response.

 

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5.  Your Rights to Use Content

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Subject to these Terms, FD AI & Tech Solutions grants you a personal, nontransferable, nonexclusive, revocable, limited license to view the Content on the FD AI & Tech Solutions websites for the sole purpose of learning information regarding our salons, products, and services. You may also print a reasonable number of copies of the Content for your personal use, but in such case you must reproduce all proprietary copyright and trademark notices. Your use of any FD AI & Tech Solutions website in any other manner, including without limitation, resale, transfer, modification, or distribution of any FD AI & Tech Solutions Website or the Content is prohibited. All rights, title, and interest in and to the website, including the Content, and all intellectual property rights, including all copyright, trademark, patent and trade secret rights therein shall remain with FD AI & Tech Solutions and our respective licensors and vendors, and no ownership interest is transferred to you or any other entity (whether by implication, estoppel or otherwise), by virtue of making the Content available on the website, granting the foregoing licenses, or these Terms. These Terms also govern any updates to, or supplements or replacements for, any FD AI & Tech Solutions website, unless separate terms accompany such updates, supplements, or replacements, in which case the separate terms will apply. We may terminate this license at any time for any reason. If you breach any of these Terms, your license to the Content terminates immediately. Upon the termination of this license you must stop using all FD AI & Tech Solutions websites, including all Content, and return or destroy all copies, including electronic copies, of the Content in your possession or control.

 

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6.  DISCLAIMER OF WARRANTIES

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ANY AND ALL FD AI & TECH SOLUTIONS WEBSITES,  CONTENT, OR OTHER MATERIAL ON ANY FD AI & TECH SOLUTIONS  WEBSITE, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH ANY FD AI & TECH SOLUTIONS WEBSITE, IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, FD AI & TECH SOLUTIONS, INCLUDING EACH OF ITS AFFILIATES, SHAREHOLDERS, OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, FRANCHISEES, SERVICE PROVIDERS, AND ANY OTHER FD AI & TECH SOLUTIONS REPRESENTATIVES ("FD AI & TECH SOLUTIONS ENTITIES"), HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE FD AI & TECH SOLUTIONS ENTITIES MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH ANY FD AI & TECH SOLUTIONS WEBSITE, INCLUDING BUT NOT RELATED TO ANY INFORMATION REGARDING PRICING AND PRODUCT/SERVICE OFFERINGS. TO THE EXTENT PERMITTED BY LAW FD AI & TECH SOLUTIONS DOES NOT WARRANT AND EXPRESSLY DISCLAIMS ANY WARRANTY AS TO THE SECURITY OF ANY FD AI & TECH SOLUTIONS WEBSITE.  THE FD AI & TECH SOLUTIONS ENTITIES MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF ANY FD AI & TECH SOLUTIONS WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR WITHOUT VIRUS OR OTHER HARMFUL COMPONENT. YOU ARE SOLELY RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM ANY FD AI & TECH SOLUTIONS WEBSITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.  WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY, OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. THE FD AI & TECH SOLUTIONS ENTITIES DO NOT CONTROL OR ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE, OPINIONS, OR ANY OTHER CONTENT MADE BY ANYONE WHO IS NOT AN AUTHORIZED FD AI & TECH

 SOLUTIONS SPOKESPERSON.  WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE, OPINIONS, OR ANY OTHER CONTENT CONTAINED IN USER CONTENT AND/OR FEEDBACK MESSAGES AND SUCH STATEMENTS, ADVICE, OPINIONS, OR OTHER CONTENT DO NOT, IN ANY WAY, REFLECT

 THE STATEMENTS, ADVICE, AND OPINIONS OF THE FD AI & TECH SOLUTIONS ENTITIES.  THE FD AI & TECH SOLUTIONS ENTITIES FURTHER DISCLAIM ANY AND ALL LIABILITY FOR ANY CONTENT, INCLUDING USER CONTENT AND/OR FEEDBACK MESSAGES, THAT ARE OR MAY BE OFFENSIVE, INDECENT, INACCURATE, MISLEADING, OR OTHERWISE OBJECTIONABLE.  YOUR INTERACTIONS, IF ANY, WITH THIRD PARTIES (INDIVIDUALS, ORGANIZATIONS, OR EVENTS) ARE SOLELY BETWEEN YOU AND SUCH THIRD PARTIES AND WE DISCLAIM ANY AND ALL LIABILITY FOR ANY SUCH INTERACTIONS WITH ANY AND ALL THIRD PARTIES.  

Some states do not allow limitations on implied warranties, so one or more of the above limitations may not apply to you.

 

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7.  User Content and Feedback Messages

 

As used in these Terms, the word "User Content" refers to any messages, comments, information, photos, writings, music, videos, audio recordings, computer graphics, pictures, images, data, questions, comments, suggestions, or any other content or communications that you (i) submit to or through any FD AI & Tech Solutions website, or (ii) publish through any social media (e.g., Instagram, Twitter, Facebook, Pinterest, Google+, etc.) and associate with hashtags related to one or more of our brands and agree we can use and including your name, social media handle or ID, profile picture, and related comments, statements, and posts. As used in these Terms, the word "Feedback Messages" refers to any feedback, suggestions, or similar communications that you provide to FD AI & Tech Solutions whether by posting on or through any FD AI & Tech Solutions website, on any social media platform, or that you provide directly to FD AI & Tech Solutions, whether orally or in writing. We may provide user comment areas, message boards, interactive user communities, or other areas on FD AI & Tech Solutions websites where users can interact with others and with us, as well as have the opportunity to submit User Content and/or Feedback Messages.  Any such User Content and/or Feedback Messages reflects only the opinion of the poster and not of FD AI & Tech Solutions, is not endorsed by FD AI & Tech Solutions, is no substitute for your own research, and should not be relied upon for any purpose. You bear all risks associated with your use of any User Content and/or Feedback Messages and you should not rely on any such User Content and/or Feedback Messages.  We are not responsible for screening, monitoring, or verifying any User Content and/or Feedback Messages, including such User Content’s and/or Feedback Messages’ accuracy, reliability, or compliance with copyright, publicity, or other laws. Any User Content and/or Feedback Message you submit will be routed through the Internet and you understand and acknowledge that you have no expectation of privacy with regard to any User Content and/or Feedback Messages you submit.  Never assume that you are anonymous and cannot be identified by your User Content and/or Feedback Message.

 

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8.  FD AI & Tech Solutions' Rights to Use User Content and Feedback Messages

 

Unless otherwise described in our Privacy Policy or as part of a specific program, by submitting User Content and/or Feedback Messages to or through any FD AI & Tech Solutions website or by tagging your User Content and/or Feedback Messages on social media with a hashtag associated with one or more of our brands and agreeing we may use such User Content and/or Feedback Messages, you agree that we may use such User Content and/or Feedback Messages without restriction, including without limitation, on any FD AI & Tech Solutions website and/or in our other marketing materials, emails, social media, store signage, collateral, and other materials.  We may feature User Content and/or Feedback Messages with or without your name, handle, and/or any other of your associated social media profile information.  We are under no obligation to use or display any User Content and/or Feedback Messages but may do so in whole or in part in our discretion and may remove, edit, or alter any User Content and/or Feedback Messages at any time.  FD AI & Tech Solutions may also sublicense its rights in User Content and/or Feedback Messages.  FD AI & Tech Solutions is under no obligation to pay you any compensation for any User Content and/or Feedback Messages.  User Content will be treated as non-confidential, non-personal, and nonproprietary information and we may disclose any User Content and/or Feedback Messages and the circumstances of your submission to third parties and the general public. You hereby grant FD AI & Tech Solutions a perpetual, sublicensable, assignable, unrestricted, worldwide, royalty-free, irrevocable license to use, reproduce, display, perform, practice, modify, create derivative or collective works, transmit and distribute your User Content and/or Feedback Messages, in whole or in part, including all intellectual property rights therein. You agree that our exercise of such discretion shall not render us the owners of User Content and/or Feedback Messages, and that you will retain ownership thereof.  We are not responsible for the use and disclosure of any personal information that you disclose in connection with User Content and/or Feedback Messages.  We will not return any User Content and/or Feedback Messages to you.  FD AI & Tech Solutions has the right (but does not assume the obligation) to: (a) monitor all User Content and/or Feedback Messages; (b) require that you avoid certain subjects; (c) refuse, restrict, remove, or move any and all User Content and/or Feedback messages for any reason or no reason; (d) disclose any User Content and/or Feedback Messages and the identity of the user who posted it in response to a subpoena or whenever we believe that disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect the rights of FD AI & Tech Solutions or others, or to enforce these Terms; and (e) terminate your access to and use of any FD AI & Tech Solutions website, or to modify, edit, or block your transmissions thereto in our sole discretion.  If we remove any User Content and/or Feedback Messages you understand that we may preserve and access a backup-copy, and we may disclose the content to third parties. 

 

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9.  Reporting Objectionable Material

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On certain pages of FD AI & Tech Solutions' websites, we may provide a tool to report User Content and/or Feedback Messages which you may find objectionable ("Objectionable Material"). If that tool is not available, you can report Objectionable Material by contacting us using the information provided in the Contact Us section. While we do not have any obligation to remove Objectionable Material from FD AI & Tech Solutions' websites merely because of a removal request, we will review all such requests and will remove Objectionable Material that we determine should be removed, in our sole discretion and in accordance with these Terms and applicable law. Please be aware, however, that if the Objectionable Material has already been distributed to other websites or published in other media, we will not be able to recapture and delete it. Also, we may maintain residual copies or back-up of any removed Objectionable Material on back-up servers.


 

10.  Your Representations and Warranties for User Content and/or Feedback Messages 

 

You understand and agree that all of your User Content and/or Feedback Messages are subject to and will comply with these Terms.  You are solely responsible for any User Content and/or Feedback Messages you submit or make available to us and FD AI & Tech Solutions assumes no responsibility or liability for any User Content or Feedback Messages submitted by you or any other site visitor.  You represent and warrant that you are at least 16 years of age, and that if you are under 18 years of age a parent and/or guardian agrees to these Terms on your behalf.  Please be aware parental control protections (such as computer hardware, software, or filtering services) are commercially available, which can assist parents and guardians in limiting access to material that is or may be harmful to minors.  Information on parental controls is publicly available. FD AI & Tech Solutions does not endorse any particular products or services, and you are solely responsible for selecting and/or utilizing any such parental control protections. For any User Content and/or Feedback Messages you submit to us, you represent and warrant that: (i) you are at least 18 years of age; (ii) any and all User Content and/or Feedback Messages provided on or through any FD AI & Tech Solutions website are accurate to the best of your knowledge and any information provides is complete; (iii) you own or control all rights, including copyright rights, in and to the User Content and/or Feedback Messages and all elements thereof; (iv) you have all rights necessary to validly grant the rights and licenses to us, including all rights from any and all third parties appearing in the User Content and/or Feedback Messages for such third parties’ names, images, and/or likenesses, and any other third party rights; (v) the User Content and/or Feedback Messages does not infringe or violate the rights of any third party, including without limitation, trademark, copyright, rights of publicity/privacy, patent, trade, secret, or confidentiality; and (vi) the User Content and/or Feedback Messages complies with all applicable laws, rules, regulations, and third party agreements to which you are subject, including social media terms of use.  You irrevocably waive any “moral rights” to attribution of authorship and/or integrity of materials regarding User Content and/or Feedback Messages under any applicable law or legal theory.

 

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11.  Your Use of FD AI & Tech Solutions Websites

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You agree:

  • not to use any FD AI & Tech Solutions website or Content in any way not explicitly permitted by these Terms;

  • not to use any Content or other data or information on any FD AI & Tech Solutions website that is subject to any copyright, trademark, patent, or other protection under any intellectual property rules, except as expressly permitted by these Terms;

  • not to use any FD AI & Tech Solutions Marks or Third Party Marks to send any unsolicited material (including any unsolicited marketing material, such as promotional materials, emails, text messages, phone calls, spam, or junk mail); 

  • not to modify, provide access to, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third party website, or otherwise use the Content in any way except as specifically permitted by these Terms or otherwise in writing by FD AI & Tech Solutions;

  • not to harvest or collect information or Content from any FD AI & Tech Solutions website;

  • not to reverse engineer, disassemble, or decompile any FD AI & Tech Solutions website unless expressly authorized by these Terms or applicable law;

  • not to use any use any robot, spider, rover, scraper, crawler, or any other data-mining technology or automatic or manual process to monitor, cache, mask, extract data from, copy or distribute the Content (except as may be a result of standard search engine or Internet browser usage);

  • not to misrepresent your identity or provide us with any false or misleading information in any information-collection portion of any FD AI & Tech Solutions website, such as a FD AI & Tech Solution page, or in connection with any User Content and/or Feedback Messages;

  • not to take any action intended to interfere with the operation of any FD AI & Tech Solutions website, including, but not limited to, making available, embedding, or in any way exposing FD AI & Tech Solutions, any FD AI & Tech Solutions website, or any other user of any FD AI & Tech Solutions website to any viruses, spyware, corrupted computer code, file or program, or any other software, program, or technology which is, or is potentially, harmful, invasive, or intended to cause damage to the use of any hardware, software, or other equipment belonging to FD AI & Tech Solutions or any FD AI & Tech Solutions website user;

  • not to access or attempt to access any portion of any FD AI & Tech Solutions website to which you have not been explicitly granted access;

  • not to restrict or inhibit any other person from rightfully accessing or using any FD AI & Tech Solutions website;

  • not to share any password assigned to you with any third parties or use any password granted to a third party;

  • not to directly or indirectly authorize anyone else to take actions prohibited in this section;

  • not to use any FD AI & Tech Solutions website in any way or for any purpose that is fraudulent or otherwise tortious or unlawful;

  • to comply with all applicable laws and regulations while using any FD AI & Tech Solutions website or the Content.

  • With respect to any User Content and/or Feedback Messages, you agree not to provide any such content which:

    • is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy

    • constitutes or encourages activity illegal under criminal or civil law;

    • is false, misleading, deceptive, inaccurate, fraudulent, or misrepresents your identity or affiliation with a person or company;

    • promotes violence or describes how to perform a violent act;

    • impersonates any person or entity;

    • violates any applicable laws, rules, or regulations;

    • violates or infringes upon the rights of others;

    • contains the image, name, or likeness of anyone other than yourself;

    • requests or solicits any personal or private information from any individual;

    • contains advertisements, promotions, solicitations, marketing, spam, or which has a commercial purpose without FD AI & Tech Solutions' express written permission;

    • contains software viruses, commercial solicitations, chain letters, mass mailings, political campaigning, or any form of “spam”; or

    • the transmission of which could violate, or facilitate the violation of, any applicable law, regulation, or intellectual property rights.

 

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12.  Third Party Websites or Materials

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While visiting any FD AI & Tech Solutions website you may click on links to other websites and leave the FD AI & Tech Solutions website. We provide links to other websites that may contain information

that may be useful or interesting to you. We do not endorse, and are not responsible for, the content and accuracy of linked websites operated by third parties or for any of your dealings with any such third parties. You are solely responsible for your dealings with such third parties and we encourage you to read the terms of use and privacy policies on such third-party websites. FD AI & Tech Solutions' websites may include third-party software, programming, open-source materials, or other technologies ("Third Party Materials").  Your use of Third Party Materials is subject to these Terms, as well as, any applicable terms and conditions from any such third parties regarding, pertaining to, or covering any Third Party Materials. 

 

 

13.  Communications

 

When you use any FD AI & Tech Solutions website and/or communicate with FD AI & Tech Solutions by telephone (cellular, mobile, or landline), e-mail, or in any other electronic form from either a computer,

landline, or mobile device, you are authorizing us to respond to any such communication in the same format in which you have communicated with FD AI & Tech Solutions. 

 

 

14.  Monitoring and Recording of Communications and Website Traffic

 

Visits to any FD AI & Tech Solutions website may be monitored and recorded by FD AI & Tech Solutions and/or any of its affiliates, subsidiaries, agents, or vendors.  By using any FD AI & Tech Solutions website, you consent to such monitoring and recording and agree you have no expectation of privacy in these communications or their use. You further understand and agree that your communications with FD AI & Tech Solutions may be monitored and recorded by FD AI & Tech Solutions or any of its affiliates, subsidiaries, agents, or vendors. By communicating with FD AI & Tech Solutions, in any manner, including but not limited to through use of any FD AI & Tech Solutions website, telephone call, or through use of any chat features available on any FD AI & Tech Solutions website, you consent to FD AI & Tech Solutions monitoring and recording any such communication and agree you have no expectation of privacy in these communications or their use.  FD AI & Tech Solutions may share the contents of any such recording consistent with the terms of its Privacy Policy. You also understand and agree that consistent with the terms of FD AI & Tech Solutions' Privacy Policy, FD AI & Tech Solutions, whether on its own or through services provided to FD AI & Tech Solutions by any affiliates, subsidiaries, agents, or vendors, may use devices, processes, or software, including but not limited to equipment which may qualify as a pen register and/or trap and trace device to capture, record, or decode (1) any dialing, routing, addressing, or signaling information that is transmitted by an instrument or facility from which a wire or electronic communication is transmitted, or (2) any incoming electronic or other impulse or signal that identifies the originating number or other dialing, routing, addressing, or signaling information that is reasonably likely to identify the source of a wire or electronic communication.


 

15.  How are disputes resolved?

 

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND HAVE A JURY HEAR YOUR CLAIMS.  IT CONTAINS PROCEDURES

 FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

 

ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO FD AI & TECH SOLUTIONS, CONTENT, OR ANY FD AI & TECH SOLUTIONS WEBSITE SHALL BE RESOLVED EXCLUSIVELY BY MANDATORY, BINDING ARBITRATION,

 ON AN INDIVIDUAL BASIS ONLY, RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO THIS ARBITRATION PROVISION.

 

Mandatory Pre-Suit/Pre-Arbitration Notice of Claim. 

Before seeking legal recourse of any kind for any harm you believe you have suffered arising from or relating to these Terms, FD AI & Tech Solutions, any FD AI & Tech Solutions website, or any Content, you agree to inform us in writing and to give us thirty (30) days to cure any alleged harm before initiating any arbitration or action excluded from the arbitration provision, as set forth herein. If we are unable to reach a resolution within thirty (30) days, you may pursue legal action as set forth in this Section.   

 

Mandatory Binding Individual Only Arbitration. Except as expressly provided in this "How are disputes resolved?" section, you agree that any dispute, claim, case, or controversy (whether based in tort (including negligence, gross negligence, fraud, intentional/negligent misrepresentation, and/or willful or knowing misconduct), contract, statute, regulation, ordinance, equity, or any other legal theory) between you and FD AI & Tech Solutions, including its affiliates, officers, directors, service and marketing partners, parents companies, subsidiaries, agents, successors, assigns, employees, and franchisees, whether arising out of or relating to past, present, or future acts or omissions and including but not limited to, disputes in any way related to these Terms, FD AI & Tech Solutions, any FD AI & Tech Solutions website, or any Content (“Claims”) shall be exclusively resolved by mandatory and binding arbitration on an individual basis, rather than in court (“Arbitration Agreement”). Statute of Limitations.  You must initiate any arbitration (or an action excluded from arbitration) within one (1) year after the Claim has arisen or you will be barred from pursuing any cause of action.


 

16.  Indemnification

 

You agree to defend, indemnify, and hold harmless FD AI & Tech Solutions and all third parties, if any, providing Content for any FD AI & Tech Solutions website, and all third parties providing support

or information for any FD AI & Tech Solutions website and its and their subsidiaries, affiliates, officers, directors, employees, service and marketing partners, parent companies, subsidiaries, agents, successors, assigns, employees, and franchisees, from any loss, liability, claim, demand, or damage, including reasonable attorneys' fees, due, arising out of, or related to: (a) your breach of these Terms; (b) your use or misuse of the Content or any FD AI & Tech Solutions website; or (c) User Content and/or Feedback Messages you submit and any information associated with such User Content and/or Feedback Message, including, without limitation, all claims arising out of or based on copyright or trademark infringement, misappropriation, invasion of privacy, right of publicity and/or any blurring, alteration, editing, morphing, distortion, illusionary effect, faulty reproduction, fictionalization, or use in composite form.


 

17.  Applicable Law.

 

Except as otherwise provided herein, these Terms, your use of any FD AI & Tech Solutions products and services, your use of any FD AI & Tech Solutions website, or the Content shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule. Should any Claim proceed to litigation in a court of law or be otherwise exempted or excluded from the Arbitration Agreement, you agree that the only proper jurisdiction and venue for any dispute arising under these Terms, or related to FD AI & Tech Solutions, your use of any FD AI & Tech Solutions website, or the Content, is in the state and federal courts in the State of Texas, U.S.A.  You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving FD AI & Tech Solutions or its employees, officers, directors, agents and providers.


 

18.  Entire Agreement 

 

These Terms (together with our Privacy Policy and any additional terms applicable to you to which you have consented) contain the entire understanding and agreement between you and FD AI & Tech Solutions, and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic. 

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19.  Assignment

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You may not transfer or assign any rights or obligations under these Terms. FD AI & Tech Solutions may transfer or assign its rights and obligations under these Terms.

 

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20.  Termination

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These Terms are effective unless and until terminated by either you or FD AI & Tech Solutions.  You may terminate these Terms by discontinuing your use of any FD AI & Tech Solutions website, FD AI & Tech Solutions services, or the Content.  We may terminate these Terms at any time and may do so immediately without first providing notice of intent to terminate.  Upon the termination of these Terms you must stop using all FD AI & Tech Solutions websites, including all Content, and return or destroy all copies, including electronic copies, of the Content in your possession or control.

 

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21.  Survival

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The following terms shall survive any termination of these Terms or discontinuation of any FD AI & Tech Solutions website: FD AI & Tech Solutions’ reservation of all intellectual property rights including rights to any Content, User Content, and/or Feedback Messages; restrictions on your use of any FD AI & Tech Solutions website; FD AI & Tech Solutions' disclaimer of warranties; Your obligations to indemnify FD AI & Tech Solutions; FD AI & Tech Solutions' limitation of liability; Applicable law; Arbitration Agreement; Assignment; and any other terms, which, by their nature, are intended to survive.

 

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22.  No Waiver

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Our failure at any time to require performance of any provision of these Terms or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by FD AI & Tech Solutions of any breach of any provision of these Terms or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms. 

 

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23.  Contact Us

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To contact us regarding these Terms and our related privacy practices, please contact us via Contact Us form in the website.

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