Terms Of Service
Thank you for visiting us online at www.fabalist.com. [Fabalist LLC] ("we," or "us") owns and maintains www.fabalist.com (adding www.fabalist.com Mobile) (collectively, our or this "Site"), where we provide our services, (collectively referred to as “Restaurant based Services”), a Website owned by a Florida based Corporation that provides you, (collectively referred to as “Users”, “Staff” or “Employers”) a Website platform designed to connect and match food and beverage staff (“Staff”) with those who wish to engage or hire them (“Employers”). THE TERMS AND CONDITIONS SET FORTH BELOW FORM AN AGREEMENT (THE "TERMS") THAT GOVERNS YOUR USE OF THE SERVICE.
Acceptance of Terms
The term ‘you’, ‘user’, ‘Employers’ or ‘Staff’ refers to the user or viewer of our website. The owner of the website can also be emailed at firstname.lastname@example.org.
Change to Terms and Fabalist LLC Services
Fabalist LLC Services
We give "Users") of the website pages situated at our www.fabalist.com with an online platform for associating and matching food and beverage ("Staff") with the individuals who wish to contract them ("Employers"). Our site's administrations include: initiating correspondence between Users; permitting Users to post, connection to and transfer User Content On Platform; web facilitating for putting away User Content, making customized User pages, and listing and indexing User functions given on this site "services"). You recognize that the services are subject to these terms, as well as some other requirements contained somewhere else on our site.
You are not to use this site or the services unless you are within the age range for employment allowed by the state in which you live (Age 14 for Florida). If you are under 18 years old, you may not do as such unless you have gotten one of your parents' express prior assent. We may whenever demand proof of parental assent.
"User Content" means any words, data, content, messages, content, documents, pictures, photographs, video, sounds, profiles, works of authorship or whatever other materials that any individual or element posts, transfers, connected to, distributes, publishes, or shows on or through our site, including content that you make accessible to different Users. We will utilize the expression "upload" all through these Terms to allude to transferring, as well as posting, distributing, connecting, trading or showing of User Content.
Applicable to all Fabalist LLC Users
These Terms is applicable to registered Users and unregistered Users. An "enlisted User" is a User who finishes the important application on our site and who we affirm as an enlisted user.
If you apply to end up being a Registered User, you represent and guarantee that all data you give to us is valid, precise and complete. You will speedily right and redesign any data you give us. In our sole discretion we may acknowledge or dismiss any application and terminate any User account whenever.
As a registered User, you must agree not to disclose your username and password to anyone. Users are to be held responsible for all activities that occur under their password or account. You will immediately contact us if there is an unauthorized use of your password or account or any other breach of security, and will properly sign out from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph.
For giving “you” or “User” one or more of our services, we may collect a fee, either on a one-time payment or subscription method. Before you subscribe and purchase our services, you must be registered Users. By using our Services at Fabalist.com and agreeing to these terms, the User mandate us, or our chosen payment processor, to withdraw from your specified credit card, debit card or other payment method for such fees. You agree to pay up as scheduled any fees applicable to the services you purchase or that you intend to purchase through your account plus all relevant taxes, and to reimburse us for all collection costs, including any collection agency and legal fees, and interest for any belated amounts payable to the Corporation. You concede that we may use all legal channels available to us to recover or collect unpaid fees should our attempts to process your fees fail for any reason. Except as stated by law, all fees are not refundable and payments may not be cancelled. We reserve the absolute right but not the obligation to offer a refund or discount or other consideration (“Credits”) to Users at any time, and for any reason. We may offer Credits to some Users and not offer Credits to other Users even those similarly situated. The provision of Credits in one instance does not entitle you to Credits in the future for similar instances, nor does it obligate us to provide Credits in the future, under any circumstance.
We assume no liability and expect no risk for any User Content. Data or User Content posted by different Users may contain inaccurate, wrong or hostile material, items or services, and we accept no liability or responsibility for this material. You may not utilize a false email address, impersonate any individual or entity, or generally mislead with regards to the root of any User Content. You additionally are not allowed to collect data from our site or others' User Content or adjust or erase any other individual's or entity's User Content. You represent and permit to us that any User Content you post is exclusively owned by you and does not encroach on the intellectual property rights of any other individual or entity. If you don't mind be cautious while picking User Content to post to our site. User Content is restricted on our site if it:
(i) is defamatory, libelous, obscene or otherwise illegal or promotes or otherwise relates to illegal activities; (ii) is patently offensive, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (iii) harasses or advocates harassment of another person; (iv) involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; (v) consists of an illegal or unauthorized copy of a copyrighted work, such as sound recordings, musical compositions and videos; (vi) includes computer programs or links to them or providing information to circumvent manufacturer-installed copy-protect devices, or infringing materials; (vii) contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page);
(viii) provides material that exploits people under the age of 18 or solicits personal information from anyone under 18; (x) solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; (xi) involves commercial activities such as contests, sweepstakes, advertising, or pyramid schemes; or (xii) uses any unfair, misleading or deceptive content intended to draw traffic to the profile.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Fabalist LLC assumes no responsibility for monitoring the Website or the Service for inappropriate Content (including, but not limited to, Content that may infringe on the copyright of any individual or entity) or conduct. If at any time we choose, in our sole and absolute discretion, to monitor the Service, Fabalist LLC assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any User submitting such Content.
User Content of Employers
Employer category of Users may not post any position that includes discriminatory or other unlawful screening methods or which violate relevant labor and employment laws.
User Content: Our Rights
We don't assert ownership for User Content. By transferring User Content, you are giving us and our partnered organizations your unavoidable, sovereignty free authorization and license to use your User Content regarding our business and their organizations, including the privilege to duplicate, circulate, openly show or communicate, alter, decipher and reformat your User Content whenever. What's more, we may publish your name regarding your User Content. In our sole discretion and without notification, we may dismiss, decline to post or expel or change any User Content and confine, suspend, or end your access to all or any portion of our site or the services. You recognize and affirm that we won't have any liability to you for the foregoing
Disclaimer of Warranties
You expressly understand and agree that your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. Fabalist LLC and its third party service providers expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
www.fabalist.com makes no warranty that:
- the Service will meet your requirements;
- the Service will be uninterrupted, timely, secure or error-free;
- the results that may be obtained from the use of the Service will be accurate or reliable
- the quality of any products, services, information or other material purchased or obtained by you through the Service will meet your expectations;
- that your email, videos or blog will not be lost;
- that the Website, Service or Content associated therewith is free of harmful or malicious code. You understand that neither we, our affiliates nor any Website Content Providers represent, guarantee or warrant that either the Website or any Content or any other files you may access or download from the Website, any website linked to Website or any affiliated website will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, protection of your computer(s) and for maintaining a means of reconstructing data that you might lose because of any harmful code you use, download or install; or
- any errors in the software will be corrected
Any material downloaded or otherwise obtained by you through the use of the Service is done at your own discretion and risk, and you will be solely responsible for any potential damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from the Website, our third party service providers, or through or from the Service will create any warranty not expressly stated in these Terms.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
To the extent that any part of this section is not consistent with any other part of these Terms, then this Disclaimer of Warranties will override it.
Limitation of Liability
You expressly agree that the Website will not be liable for any harms, including direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Website has been advised of the possibility of such damages), resulting from:
- the use or the inability to use the Website or Service;
- the cost of getting substitute goods and services resulting from any products, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
- unauthorized access to or alteration of your transmissions or data;
- loss or misuse of data you posted, transmitted through, or otherwise communicated via the Website or the Service;
- any reliance placed by you on the completeness, accuracy or existence of any Content, or as a result of any relationship or transaction between you and any third party;
- any change which Company may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services);
- statements or conduct of anyone on the Service; or
- any other matter relating to the Service.
Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.
Our Intellectual Property: Our Legal Fees and Costs.
1. You may utilize our Intellectual Property exclusively for the reasons for informing yourself about us and our services. If you are an enlisted user, you may likewise utilize our Intellectual Property to get services from us as per these Terms. "Intellectual Property" implies all substance or data on or shaping our site, including all trademarks, exchange dress, logos, exchange names, site pages, outlines, representation and content showing up on our site, whether claimed by us or authorized by us from outsiders.
2. You are not allowed to engage in linking or framing to any section of our website or copy any section of the website or any Intellectual Property. You are not allowed to apply to be a registered user for any purpose other than to post position listings or to seek positions, as applicable. Except for Intellectual Property licensed to us, all Intellectual Property is our property exclusively. For us and our third party licensors, we reserve all ownership and other rights with respect to Intellectual Property. The only exceptions are for the limited purposes described in these Terms. Your limited right to use the Intellectual Property does not give you any ownership or other rights in the Intellectual Property.
3. If you abuse or utilize any Intellectual Property other than for these restricted purposes without our earlier written assent, you recognize and concur that we (and any third party licensors to us) may pursue any available injunctive, impartial, and financial remedies against you to ensure and uphold our rights. You concur that if you misuse or utilize any Intellectual Property other than for these restricted purposes without our earlier written consent, you will pay every one of us of our legal charges and expenses for ensuring and upholding our and our third party licensors’ rights as for the Intellectual Property.
Copyright Notice. All of our Intellectual Property is Copyright © 2016, Fabalist.com
We own the trademark Fabalist LLC in the state of Florida, United States. We may also own other trademarks on this website not named in the previous sentence.
Hyperlinks to other Websites
We may provide hyperlinks to other third party websites. As stated above under “Assumption of Risk of Loss,” you assume all risk of loss with respect to Your Property resulting from clicking on or otherwise using these hyperlinks or any website to which they direct you. We do not endorse any individual or entity that owns or is otherwise involved in the websites to which we provide hyperlinks. These hyperlinks are solely for your own information.
We strive to ensure the accuracy of this website. However, we do not assure you of the accuracy of this website. Our website may contain inaccuracies or other forms of errors. Other users of the platform, Staff or Employers may add unapproved content or otherwise make unauthorized changes to our website. If you believe an inaccuracy exists in any section of our website, please notify us so that we can determine whether a correction is appropriate.
You explicitly concur not to endeavor to meddle or generally disturb the operations of this site or help any other person in attempting to do as such. You recognize that we may monitor your use of this site and terminate a registered user account or other access rights to this site whenever for security reasons in our sole discretion. You concur not to contravene any law or rule in using this site or engaging our services.
Governing Law; Consent to Jurisdiction
You concur that the laws of the State of FLORIDA (without respect to clashes of law principles) will rule any dispute that may emerge relating to this site or services. The United Nations "Convention Relating to a Uniform Law on the International Sale of Goods" or any successor tradition or law won't be connected. Any activity relating to these terms may just be acquired and maintained in the Federal or State courts located in the State of FLORIDA. You agree to individual jurisdiction and venue exclusively and only in the Federal or State courts located in the State of FLORIDA concerning any proceeding related with this site or SERVICES. You recognize and affirm that you are relinquishing any privilege to object to the expressed jurisdiction for any reason.
Waiver of Jury Trial
WE AND YOU EACH EXPRESSLY AGREE TO WAIVE ANY RIGHT TO ASK FOR A JURY TRIAL IN ANY DISPUTE RELATED TO THESE TERMS OR THE MATTERS REFERRED TO IN THESE TERMS. THIS MEANS THAT ONLY A JUDGE WILL HEAR AND DECIDE ANY DISPUTE BETWEEN YOU AND US.
Class Action Waiver
NEITHER WE NOR YOU WILL SEEK TO HAVE ANY DISPUTE RELATED TO THESE TERMS OR ANY MATTERS REFERRED TO IN THESE TERMS HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH ANY PERSON OR ENTITY SEEKS TO ACT IN A REPRESENTATIVE CAPACITY. ANY PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS.
Termination of Use
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).You understand and confirm that your obligations under these Terms will continue to apply to you even if we terminate your right to use this website.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
In the event that a court finds any of these Terms to be unlawful, invalid or unenforceable, that provision will be regarded separated from these Terms and the separation of the provision won't influence the legitimacy or enforceability of the rest of the Terms.