By using the Fizzle.co web site (“Service”), a service of FizzleCo, Inc., you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
FizzleCo, Inc. reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://fizzle.co/terms
Violation of any of the terms below will result in the termination of your Account. While FizzleCo, Inc. prohibits certain conduct and Content on the Service, you understand and agree that FizzleCo, Inc. cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
These Terms of Service include:
- Your agreement that the Service is provided “as is” and without warranty.
- Your agreement that the Company has no liability regarding the Service.
- Your consent to release the Company from liability based on claims between Users and generally.
- Your agreement to indemnify the Company from claims due to your use or inability to use the Service or content submitted from your account to the Service.
- You must be 13 years or older to use this Service.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person – a single login shared by multiple people is not permitted.
- You are responsible for maintaining the security of your account and password. FizzleCo, Inc. cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Payment, Refunds, Upgrading and Downgrading
- A valid credit card is required for paying accounts.
- You may cancel your paying account at any time. You will not be charged again and you account will be closed the end of your current monthly or annual payment period.
- The Service is billed in advance on a monthly or annual basis and is non-refundable. There will be no refunds or credits for partial months or years of service, upgrade/downgrade refunds, or refunds for time unused with an open account. The only exception to the refund policy is: a renewed subscription payment may be refunded if a request for refund has been received in writing within 72 hours of the renewal date.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
- For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
- Downgrading or canceling your Service may cause the loss of Content, features, or capacity of your Account. FizzleCo, Inc. does not accept any liability for such loss.
Cancellation and Termination
- You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account link in the global navigation bar at the top of the screen. The Account screen provides a simple no questions asked cancellation link.
- All of your personal Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
- If you have posted to the Forums, your content will not be removed unless requested in writing to [email protected]
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
- FizzleCo, Inc., in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other FizzleCo, Inc. service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. FizzleCo, Inc. reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
- FizzleCo, Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Fizzle Site (fizzle.co) or the Service itself.
- FizzleCo, Inc. shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
- You acknowledge and agree that all content and information, including but not limited to text, software, music, sound, photographs, graphics, video or other material (also known as “Content”) provided on the Website or through the Services is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and except as expressly permitted herein, shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
- All content posted on the Service is must comply with U.S. copyright law.
- We claim no intellectual property rights over the material you provide to the Service. Your profile and any materials uploaded remain yours.
- FizzleCo, Inc. does not pre-screen Content, but FizzleCo, Inc. and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
- The look and feel of the Service is copyright©2012 FizzleCo, Inc.. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from FizzleCo, Inc..
- Service Connects Coaches and Clients
The Coaching Service offered at fizzle.co is a communications platform which enables the connection between Clients and Coaches. Clients are individuals and/or businesses seeking to obtain coaching services (“Coaching”) from Coaches and are therefore clients of Coaches, and Coaches are individuals and/or businesses seeking to perform Coaching (“Coaches”) for Clients. Clients and Coaches together are hereinafter referred to as “Users.”
- Coaching Service Only Provides a Venue
The Coaching Service is a platform for enabling connections between Users for the fulfillment of Coaching, but Company is not responsible for the performance of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Coaching Clients, nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Users. Company does not have control over the quality, timing or legality of Coaching delivered by its Coaches. Company makes no representations about the suitability, reliability, timeliness, or accuracy of the Coaching requested and provided by Users identified through the Service whether in public, private, or offline interactions.
- User Vetting
Clients and Coaches are not subject to background checks before their use of the Service. The Company cannot confirm that each User is who they claim to be and therefore, Company cannot and does not assume any responsibility for the accuracy or reliability of identity or any information provided through the Coaching Service.
When interacting with other Users, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE COACHING SERVICE AND YOU HEREBY RELEASE THE COMPANY AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED THERETO. COMPANY AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE COACHING SERVICE.
- Billing and Payment
Users of the Coaching Service contract for Coaching directly with other Users. Company will not be a party to any contracts for Coaching or services.
Users of the Coaching Service will be required to provide their credit card or bank account details to Company and the Payment Service Provider retained by Company (the “PSP”).
Clients will be responsible for pre-paying for each Coaching session, which will include the fee the Company assesses for the Coaching Service, based on the Coaching Payment amount.
When a Client elects to pay for Coaching, Client authorizes Company to provide Client’s payment details to the PSP for processing of Coaching Payment, and any fees owed to Company for the use of the Service. Coaching Payments are non-refundable and Clients should only pay for coaching they are certain they want to book with the Coach.
Users of the Coaching Service will be liable for any taxes (including VAT, if applicable) required to be paid on the Coaching Services provided under the Agreement (other than taxes on the Company’s income).
The Coaching Service is only a venue for connecting Users. Because Company is not involved in the actual contact between Users or in the completion of the Coaching, in the event that you have a dispute with one or more Users, you release Company (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or 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.
Company expressly disclaims any liability that may arise between Users of its Coaching Service.
- Worker Classification and Withholdings
Each User assumes all liability for proper classification of such User’s workers as independent contractors or employees based on applicable legal guidelines.
Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of Company. Each User acknowledges that Company does not, in any way, supervise, direct, or control a Coach’s work or Coaching performed in any manner. Company does not set a Coach’s work hours or location of work. Company will not provide any equipment, labor or materials needed for a particular Coaching session.
The Coaching Service is not an employment service and Company does not serve as an employer of any User. As such, Company will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, social security or payroll withholding tax in connection with your use of Users’ services.
You agree to indemnify, hold harmless and defend Company from any and all claims that a Coach was misclassified as an independent contractor, any liabilities arising from a determination by a court, arbitrator, government agency or other body that a Coach was misclassified as an employee (including, but not limited to, taxes, penalties, interest and attorney’s fees), any claim that Company was an employer or joint employer of a Coach, as well as claims under any employment-related laws, such as those relating to employment termination, employment discrimination, harassment or retaliation, as well as any claims for overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker’s compensation benefits, unemployment benefits, or any other employee benefits.
Warranty Disclaimer and Limitation of Liability
- Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Company from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate.
- The services, content, website and any software are provided on an “as is” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that use of the services will be uninterrupted or error-free. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
In no event shall company or its suppliers, or their respective officers, directors, employees, or agents be liable with respect to the website or the services or the subject matter of this agreement under any contract, negligence, tort, strict liability or other legal or equitable theory (i) for any amount in the aggregate in excess of the greater of the fees paid by you for the services purchased through the website during the six-month period preceding the applicable claim; (ii) for any special, indirect, incidental, punitive, or consequential damages of any kind whatsoever; (iii) for data loss or cost of procurement of substitute goods or services; or (iv) for any matter beyond company’s reasonable control. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- Technical support is only provided to paying account holders and is only available via email or our online support interface.
- You understand that FizzleCo, Inc. uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, FizzleCo, Inc., or any other FizzleCo, Inc. service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by FizzleCo, Inc..
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any FizzleCo, Inc. customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- If your bandwidth usage exceeds 200 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by FizzleCo, Inc.) of other Fizzle customers, we reserve the right to immediately disable your account or throttle your bandwidth until you can reduce your bandwidth consumption.
- FizzleCo, Inc. does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that FizzleCo, Inc. shall not be liable for any 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 FizzleCo, Inc. has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
- The failure of FizzleCo, Inc. to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and FizzleCo, Inc. and govern your use of the Service, superceding any prior agreements between you and FizzleCo, Inc. (including, but not limited to, any prior versions of the Terms of Service).
- Questions about the Terms of Service should be sent to [email protected].