FAMOUSTYPE.COM

USER AGREEMENT

MBTI, Myers-Briggs, and Myers-Briggs Type Indicator are trademarks or registered trademarks of the Myers-Briggs Type Indicator Trust in the United States and other countries.

1. Introduction.

Welcome to the User Agreement (the “Agreement” or “User Agreement”) for www.Famoustype.com, (hereinafter referred to as “FT.com”), a website owned by Famoustype.com, LLC, a Florida Limited Liability Company, d/b/a www.famoustype.com.  If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services or our website.

2. Binding Nature.

You must read, agree with and accept all of the terms and conditions contained in this User Agreement and our Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you use our website.  We strongly recommend that, as you read this User Agreement, you also access and read the information referred to in this document, as it may contain further terms and conditions that apply to you as a FT.com user. 

3. Change Control.

FT.com reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing our Site or Services, at any time and in our sole and independent discretion.  Any changes will be effective upon the posting of the revisions on the Site.  You are responsible for reviewing the notice and any applicable changes.  Changes to referenced policies and guidelines may be posted without notice to you.  Your continued use of this Site and the Services following FT.com’s posting of any changes will constitute your acceptance of such changes or modifications.  If you do not agree to any changes to this Agreement, do not continue to use our Services or our Site.

4. Eligibility.

Our services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law.  Without limiting the foregoing, our services are not available to children (persons under the age of 18 or 21, depending upon the state). No competitors or future competitors are permitted access to our site or information, and any such access by third parties is unauthorized.  If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.  If you do not qualify, please do not use our Site.

By using our Site you agree that you will not advise anyone of our trade secrets and will not use any of the information available to compete against us online.  You agree that you will not compile, reproduce, republish or resell any information on our Site for commercial purposes.  You agree to not use any device, software or routine that may extract, copy, modify, import, export, replicate, scrape or otherwise deliver, in any manner, the data and information on our Site to yourself or any other party. 

5. Services.

The FT.com website allows you to understand certain personal characteristics of yourself, others, and even those of famous people. However, FT.com is only an information provider. Our site acts as a venue for you to come to and obtain information to be used solely for entertainment purposes. We do everything we can to create a positive experience for all users, and we will act promptly on your complaints, but we cannot control the conduct or the business of others that may from time to time use our site.  FT.com does not verify the accuracy, truth or completeness of the information provided by others, including without limitation information about jobs and availability. We may provide you with links to third party sites not controlled or owned by FT.com.  You agree that we are not responsible for the content of our Site and hold us harmless against any liability resulting from your use of our Site or third party sites. 

6. Restricted Activities.

Your information and activities on this Site shall neither:  (a) be false, inaccurate or misleading; (b) be fraudulent; (c) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography; (g) contain any viruses, Trojan horses, or the like, or other computer programming routines that may damage or interfere with our marketplace; nor (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.  Furthermore, you may not consummate any transaction that was initiated using FT.com that could cause us to violate any applicable law, statute, ordinance or regulation.     

7. Access and Interference.

You agree that you will not use robot, spider, scraper or other automated means to access our site for any purpose without our express written permission.  Additionally, you agree that you will not: (a) take any action that we, in our sole discretion, believe imposes an unreasonably large load on our servers; (b) copy, reproduce, modify, create derivative works from, distribute or publicly display any website content without the prior expressed written permission of FT.com and the appropriate third party, as applicable; (c) attempt to interfere with the proper working of our Site or any activities conducted on our Site; or (d) bypass any measures we may use to prevent or restrict access to our Site. 

8. Breach.

In the event that your usage of FT.com constitutes a breach of any provision outlined in this Agreement, we may limit or prohibit your use of our website, warn our community of your actions or issue a warning if within our sole and independent judgment: (a) you breach, or we anticipate that you are about to breach, this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.  We can also terminate this Agreement at any time, with or without cause, and all remaining payments due for the existing term of your membership will become immediately due upon such termination for breach.

9. Privacy.

We only use your information as described in our Privacy Policy.  FT.com respects the Privacy of our users.  Please refer to our Privacy Policy for information on users’ rights and responsibilities concerning information collected by FT.com by clicking here.  FT.com may change the Privacy Policy in the future.  You should check the Privacy Policy frequently for changes.  You agree to safeguard confidential information to a reasonable degree of care.  You shall maintain in confidence all information marked, or reasonably appearing to be, confidential or proprietary unless the information is not confidential because the information was received from another party, is in the public domain, or is independently developed by you.  You agree not to use any such information for purposes of soliciting, advertising, initiating unsolicited e-mail or spam, or any other objectionable conduct.

10. Intellectual Property.

The Site contains intellectual property that is protected by the laws of the United States as well as international law.  You may not publish, re-transmit, distribute, or otherwise make unauthorized use of the material on the Site except as permitted under the applicable laws.

11. DMCA Policy.

FT.com takes claims of copyright infringement very seriously.  Our policy for handling claims of infringement is to have our designated agent review and respond to notices of infringement by removing from our website any infringing material when a DMCA Compliance Notice is provided to us.

12. DMCA Notice.

In accordance with the Digital Millennium Copyright Act (“DMCA”), FT.com has designated an agent to receive notification of alleged copyright infringement occurring on the Site.  If you believe that your copyrighted work is being infringed, notify the designated agent specified below:

Ben Harrison
1675 Village Center Dr. #303
Lakeland FL 33803
correspondence@famoustype.com

The DMCA requires that all infringement claims must be in writing and must include the following information: 

• A description of the copyrighted work claimed to have been infringed;
• A description of the infringing material and information reasonably sufficient to permit FT.com to locate the material;
• Your contact information, including your mailing address, telephone number, and e-mail address;
• A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
• A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized by the copyright owner, its agent, or the law; and
• A physical or electronic signature of the copyright owner or the person authorized to act on its behalf.

13. No Warranty. 

WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS PROVIDE OUR WEBSITE AND SERVICE “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY.  WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.  This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state. 

IN ADDITION, WE SPECFICALLY DISCLAIM ALL WARRANTIES THAT OUR SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERRORS; THAT THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON OUR SITE WILL BE AS REPRESENTED BY SELLERS, AVAILABLE FOR SALE AT THE TIME OF OFFER, LAWFUL TO SELL, OR THAT SELLERS WILL PERFORM AS PROMISED; ANY IMPLIED WARRANTY ARISING FROM THE COURSE OF DEALING OR USAGE OF TRADE; AND ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF FT.COM.  TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, FT.COM DISCLAIMS ANY AND ALL SUCH WARRANTIES. 

14. General Release.

BECAUSE FT.COM  IS MERELY AN INFORMATIONAL WEBSITE, IF A DISPUTE ARISES BETWEEN ONE OR MORE USERS, OR ANY CLAIM IS ASSERTED AGAINST FT.COM BY ANY USER, YOU RELEASE FT.COM, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.  YOU WAIVE THE PROTECTIONS AFFORDED BY CALIFORNIA CIVIL CODE § 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”  YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS AGREEMENT, AND THAT WITHOUT SUCH WAIVER, THIS AGREEMENT WOULD NOT HAVE BEEN ENTERED INTO BY FT.COM.

15. Limitation of Liability.

IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS, BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER ARISING, INCLUDING NEGLIGENCE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND/OR YOUR USE OF OUR WEBSITE.  OUR LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO $ 50.00.

16. Indemnity.

You agree to indemnify and hold us and our officers, directors, agents, employees, contractors and suppliers, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, your violation of any law or the rights of a third party, or any claim or demand alleging such breach or violation.

17. Dispute Resolution.

You agree that any legal action asserted arising out of or relating to this Agreement and/or use of our website, except for matters exclusively between registered or authorized users and not involving FT.com, shall be brought exclusively in the federal or state courts located in Florida. Either you or FT.com may seek any interim or preliminary relief exclusively from a court of competent jurisdiction in Florida necessary to protect the rights or property of you or FT.com.  If you violate paragraph four (4) of this Agreement, you agree that we are suffering irreparable injury and that an injunction or temporary restraining order may be entered by any court of competent jurisdiction prohibiting the use of such information and requiring, without limitation, that any domain name used to distribute or provide such information be redirected away from the Site containing such information.  In addition, you agree to pay all reasonable attorneys’ fees and costs incurred in enforcing the provisions of this Agreement.

18. Licenses.

FT.com grants a limited license to each authorized user to make personal use only of our Site and our Services in accordance with this Agreement.  This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of our Site or our Services (other than the specific use as set forth in accordance with this Agreement), making any derivative of our Site or our Services, the collection and use of participant e-mail addresses or other participant information, ratings or listings, or any data extraction or data mining whatsoever.  You agree that you will not compile, reproduce, republish or resell for any commercial purpose any information on our Site and not use any device, software or routine that may interfere with the operation of our Site.

19. General Provisions.

This is the entire Agreement governing the use of our Site.  No delay by either party shall waive the rights under this Agreement.  Neither party shall be liable to the other for any delay or failure due to acts of God, war, transportation difficulties, labor strikes, natural disasters, riots, acts or omissions of vendors or suppliers beyond the control of the parties.  This Agreement is governed by, and to be construed in accordance with, the laws of Florida, without regard to that state’s conflict of laws provisions.  No waiver of any breach of this Agreement shall be a waiver of any other provision of this Agreement, and no waiver shall be valid unless in writing and signed by the parties.  If any provision of this Agreement is held invalid, such provision shall be restated to reflect, as nearly as possible, the original intention of FT.com in accordance with applicable law and the remainder of the Agreement shall remain in full force.  FT.com may assign this Agreement without user’s consent.  Headers are for the convenience of reference only and do not alter the rights and obligations of the parties.  The provisions of this Agreement are not for the benefit of any third party.  Provisions of this Agreement that are intended to survive this Agreement shall survive.  The parties are independent and no joint venture, partnership, employment, or enterprise relationship is intended or shall arise from this Agreement.

20. Notices. 

Except as explicitly stated otherwise, any notices shall be given by postal mail to Famoustype.com, LLC, 1675 Village Center Dr. #303
Lakeland FL 33803 (in the case of FT.com) or to either the e-mail or postal address you provide to FT.com (in your case).  Notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid.