ASAP FANCY LLC
Effective October 30, 2016
These terms and conditions (“Terms”) are a legal contract between you (either you as an individual or the entity or organization on whose behalf you are entering into these terms and conditions) and ASAP FANCY LLC (“ASAP FANCY,” “we,” or “us”) for the access to and use of this website, which includes text, media, documentation, pictures and other content (collectively, the “Website”), as well as for the access to and use of any services supplied to you by independent contractors of ASAP FANCY (collectively, the “Services”). Such Services may be supplied to you through the Website or through downloadable applications provided by ASAP FANCY (collectively, the “Applications”).
By accessing or using the Website, the Services, or the Applications, you agree to be bound by these Terms, including the warranty disclaimers and limitation of liability provisions below. If you do not understand or agree to these Terms, do not access or use the Website, the Services, or the Applications, and please exit the Website now.
ASAP FANCY IS NOT A DIRECT PROVIDER OF SERVICES. ASAP FANCY PROVIDES INFORMATION RELATED TO AND A MEANS OF OBTAINING SERVICES, WHICH ARE DIRECTLY PROVIDED BY INDEPENDENT CONTRACTORS. ASAP FANCY ASSUMES NO RESPONSIBILITY OR LIABILITY RELATED TO THE SERVICES PROVIDED BY OR ACTIONS OF SUCH INDEPENDENT CONTRACTORS.
Information You Provide
Accessing the Website
When retrieving information from the Website, you are prohibited from (a) using or attempting to use spiders, robots, avatars, intelligent agents, or any other extraction or navigation search except for a normal browser, (b) aggregating, copying or duplicating any of the materials or information available from the Website except for the small amount of materials and information temporarily required for an ordinary single use of the Website, or (c) accessing data not intended for you.
Use of the Website or the Applications may require a login and password that you will create (your “ID”). You are responsible for maintaining the confidentiality of your ID, and you are fully and solely responsible for all activities that occur under your ID. It is up to you to take adequate precautions with your ID, and to immediately notify ASAP FANCY of any unauthorized use of your ID.
By accessing or using the Website, the Services, or the Applications, you agree: You represent and warrant that you are legally entitled to enter into these Terms and to use the Services. You represent and warrant that you are at least 18 years old. You shall provide accurate, true and current information as prompted during the account registration process and shall keep it current at all times. You shall not allow any other person or entity to access or use your account. You shall comply with all state and local laws of each location in which you access the Website or use the Services. You shall only access or use the Website or the Applications with a compatible device or computer. ASAP FANCY assumes no responsibility or liability for loss resulting from failure to comply with this provision. You shall be solely responsible for all activity associated with your account, including any posted data, text, images, audio, video, or any other content (collectively, the “Content”). You represent and warrant that all Content that you post to the Website or submit through the Applications shall be your wholly original material (except for material that you are using with the permission of its owner), and does not infringe or violate any copyright, trademark or other rights of any third party including any rights of privacy or publicity. You shall be solely responsible for keeping a duplicate copy of all Content; we do not accept any responsibility or liability for the loss of your Content. You shall not share your password or any other login credentials with any other person or publicly disclose it. You shall not use the Website or Applications for any illegal or unauthorized purpose. You shall not duplicate or resell the Applications. You acknowledge that, by accessing or using the Website and the Applications, certain mobile carrier charges may apply, including SMS messaging charges and data charges. You shall not transmit worms, viruses or any code of a destructive nature to ASAP FANCY, other users, the Website, or the Applications. You shall not abuse, harass, threaten, harm or impersonate other ASAP FANCY users or employees of any ASAP FANCY Entities or any of its partners, at any time or for any reason. You shall not post Content that is hateful, threatening, pornographic, obscene, abusive, unlawful, harassing, racially or ethnically offensive, libelous or defamatory, or any content that encourages unlawful conduct. Any use of the Website, the Services, or the Applications in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use your ID, the Website, the Services, and/or the Applications. ASAP FANCY reserves the right to monitor your use of the Website, the Services, and the Applications to ensure your compliance with these Terms, or pursuant to a court, administrative, or governmental order. Furthermore, we reserve the right to deactivate or suspend use of the Website, the Services, or the Applications for any reason.
Intellectual Property Rights
The copyrights and other intellectual property in the Website, the Services, and the Applications are owned by ASAP FANCY, its independent contractors, and its licensors. Subject to your compliance with these Terms, including Section 2 above, you are authorized to view, store, print, copy, and distribute the pages, data, text, images, audio, video, or other content within the Website or Applications for the purposes of your use of the Services or considering use of the Services. This right is non-transferable and non-sublicensable. All other rights are reserved. In consideration of this authorization, you agree that (a) any copy of these documents which you make shall retain all copyright and other proprietary notices contained in such documents and (b) these Terms are included with any distribution.
By posting Content to the Website or submitting Content through the Applications, you hereby grant ASAP FANCY a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, and display the Content when operating the Website and Applications, and for ASAP FANCY’s internal business purposes, which include the Services.
Subject to your compliance with these Terms, including Section 2 above, you are authorized to download and install a single copy of any of the Applications for your personal, non-commercial use only. This right is non-transferable. All other rights are reserved. You may not sell, transfer, license, sublicense, or distribute the Applications to any third party and you may not use the Website, Services or Applications for the purpose of indirectly or directly competing with ASAP FANCY.
You acknowledge that use of the Website, Services, and Applications may involve fees charged by ASAP FANCY. Pricing information displayed on the Website or through the Applications is subject to change. ASAP FANCY may increase or decrease fees as it deems necessary. All fees are final, non-refundable and shall be paid by you immediately when due. Except as expressly stated in these Terms or on the Website or Applications, ASAP FANCY has no obligation to provide refunds or credits, but may grant them, in each case in ASAP FANCY’s sole discretion. As a user of the Services and Applications, you agree that you shall: (i) as a condition to requesting Services, provide a valid credit card or other authorized payment method; and (ii) pay for all Services that you request from the Website or Applications. You expressly authorize ASAP FANCY to charge the payment method you provide for any Services you request. You also expressly authorize ASAP FANCY to set the prices for all charges and fees that apply to the provision of such Services. Your selection of the “Confirm” button on the checkout page is your electronic signature and you agree that (a) this signature is the legal equivalent of your wet or manual signature and (b) this transaction is equivalent to an in-person transaction where your payment method is physically present.
Standard SMS and data fees may apply when accessing or using the Website or Applications from a mobile device. To opt out of SMS notifications associated with the Services or Applications, please contact ASAP FANCY at [email protected]
Third Party Websites; Third Party Services
You shall indemnify, defend and hold harmless ASAP FANCY and its affiliates, related companies, officers, directors, members, employees, agents, representatives, partners, and licensors (collectively, the “ASAP FANCY Entities”) from any and all third party claims, liability, damages and/or costs (including attorneys’ fees) arising from or related to (i) your use of the Website, Services, or Applications, (ii) your violation of these Terms, or (iii) any infringement or misappropriation of any intellectual property right or other right of any person or entity by you or any other user of your user account. You agree to immediately notify ASAP FANCY of any unauthorized use of your user account or any other breach of security known to you that may affect the security of the Website or Applications.
Disclaimers; Limitation of Liability
ASAP FANCY provides information through this Website and the associated Applications. While ASAP FANCY has undertaken efforts to provide accurate information, it is not comprehensive and ASAP FANCY makes no commitment to update the information at any particular time. As a result, the information may not be accurate, up to date or applicable to the circumstances of any particular case. Any decisions you make based on information contained in this Website or the Applications are your sole responsibility.
THE WEBSITE, SERVICES, AND APPLICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO COMMITMENT TO ANY FUTURE FUNCTIONALITY OR FEATURES. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE, SERVICES, OR APPLICATIONS IS AT YOUR OWN RISK. THE WEBSITE, SERVICES, AND APPLICATIONS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ASAP FANCY AND THE ASAP FANCY ENTITIES DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE, SERVICES, OR APPLICATIONS WILL MEET YOUR REQUIREMENTS; THAT THE WEBSITE, SERVICES, OR APPLICATIONS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE WEBSITE OR APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY, ERROR, OR INACCURACY IN THE WEBSITE OR APPLICATIONS SHALL BE TO REQUEST THAT ASAP FANCY CORRECT THE MATTER OR, IF ASAP FANCY FAILS TO DO SO, TO DISCONTINUE YOUR USE OF THE WEBSITE, SERVICES, OR APPLICATIONS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR APPLICATIONS IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR DEVICE, OR FOR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. ASAP FANCY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR APPLICATIONS, OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ASAP FANCY WILL NOT BE A PARTY TO AND IS NOT RESPONSIBLE IN ANY WAY FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, INCLUDING ANY INDEPENDENT CONTRACTOR PROVIDING THE SERVICES.
ASAP FANCY ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ASSESSING THE ABILITY OR SUITABILITY OF INDEPENDENT CONTRACTORS, WHO PROVIDE YOU SERVICES AS THIRD PARTIES. YOU EXPRESSLY WAIVE AND RELEASE ASAP FANCY FROM ANY AND ALL LIABILITY, CLAIMS, OR DAMAGES ARISING FROM INDEPENDENT CONTRACTORS YOU ENCOUNTER THROUGH USE OF THE WEBSITE, SERVICES OR APPLICATIONS. ASAP FANCY DISCLAIMS ANY AND ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ACTS BY INDEPENDENT CONTRACTORS DURING THE PERFORMANCE OF SERVICES WHICH CAUSE PERSONAL INJURY, PROPERTY DAMAGE, DEATH, THEFT, DEFAMATION, DISPARAGEMENT, DISCRIMINATION, BREACH OR INTERFERENCE WITH A THIRD-PARTY CONTRACT, OR MISREPRESENTATION. YOU ACKNOWLEDGE THAT ASAP FANCY OWES NO DUTY OF CARE TO YOU AND ASAP FANCY DISCLAIMS ANY AND ASSUMES NO RESPONSIBILITY OR LIABILITY FOR BREACH OF SUCH A DUTY BY AN INDEPENDENT CONTRACTOR. ASAP FANCY EXERCISES NO CONTROL OVER THE SCHEDULES OR AVAILABILITY OF INDEPENDENT CONTRACTORS AND SHALL NOT BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES THAT MAY RESULT FROM ISSUES RELATED TO THE SCHEDULE OR AVAILABILITY OF AN INDEPENDENT CONTRACTOR. ASAP FANCY DISCLAIMS ANY AND ASSUMES NO RESPONSIBILITY OR LIABILITY FOR LOSSES OR DAMAGES RESULTING FROM DISCLOSURE OF YOUR PERSONAL OR CONFIDENTIAL INFORMATION BY AN INDEPENDENT CONTRACTOR. ASAP FANCY DISCLAIMS ANY AND ASSUMES NO RESPONSIBILITY OR LIABILITY FOR AN INDEPENDENT CONTRACTOR’S FAILURE TO MAINTAIN OR OBTAIN ANY LICENSES OR PERMITS, OR LACK OF TRAINING, EXPERIENCE, OR BUSINESS QUALIFICATIONS NECESSARY TO PROVIDE SERVICES. ASAP FANCY ASSUMES NO RESPONSIBILITY OR LIABILITY FOR DISPUTES BETWEEN YOU AND ANY INDEPENDENT CONTRACTOR, INCLUDING PAYMENT DISPUTES, AND DISPUTES RELATED TO THE METHOD, DETAILS, AND MEANS THAT AN INDEPENDENT CONTRACTOR CHOOSES TO PERFORM SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ASAP FANCY ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE, SERVICES, OR APPLICATIONS; OR (B) ANY CONTENT OBTAINED FROM THE WEBSITE OR APPLICATIONS.
Controlling Law; Venue
These Terms and any action related to the access or use of the Website, Services, or Applications will be governed by the laws of the State of Florida without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Website, Services, or Applications will be brought solely in Miami-Dade County, FL, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these Terms on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be will be governed by the laws of the State of Florida (excluding its choice of law provisions that would apply the laws of another jurisdictions).
Entire Agreement; No Third Party Beneficiarie
If for any reason a court of competent jurisdiction finds any provision of these Terms or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect. No waiver by us of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. We may revise these Terms from time to time, and the most current version will always be at www.asapfancy.com. By continuing to access or use the Website, the Services, or the Applications after those revisions become effective, you agree to be bound by the revised terms. We do not assume any obligation to notify you of changes to these Terms.
The headings used in these Terms are for convenience only and have no legal meaning or effect. Terms defined in the singular have the corresponding meanings in the plural, and vice versa. Unless the context of these Terms clearly requires otherwise, words importing the masculine gender include the feminine and neutral genders and vice versa. The terms “include,” “includes” or “including” mean “including without limitation.” The words “hereof,” “hereto,” “hereby,” “herein,” “hereunder” and words of similar import, when used in these Terms, refer to these Terms as a whole and not to any particular section or article in which such words appear. The word “or” will not be construed as exclusive.
Other than the ASAP FANCY Entities (solely for purposes of Sections 6 and 7), no other person or company will be third party.