Terms of Use

TERMS OF USE

Welcome to Fizara! We provide software and photographic printing and binding services that allow our customers to design, layout, and receive professional quality photographic albums and products
Before using our Services, please read the following Terms of Use (“Terms”) carefully. These Terms are a legal binding agreement between you (the “Licensee” and Fizara, LLC (“Fizara”, “us”, or “we”) the owner of www.fizara.com (the “Site”). These Terms expressly include and incorporate Fizara’s Privacy Policy. These Terms govern your access to and use of the Site, the software available through the Site (the “Software”), and services owned and/or operated by Fizara (collectively, the “Services”). Your access to and use of the Services are expressly conditioned on your acceptance of and compliance with these Terms.

ACCEPTANCE OF TERMS
By accessing or using the Services, ordering albums and/or photography products (“collectively, the Products”) and/or services provided on the Services, you agree that you have read, understand, and agree to be bound by these Terms. If you do not agree with these Terms, do not use or access the Services. Your violation of these terms may result in termination of your right to access and use the Services.

Fizara reserves the right to modify these Terms at any time without prior notice to you. All changes will take effect immediately upon notice, which we may provide by any means including, without limitation, our posting of the revised terms on the Site or by electronic mail. You are responsible for reviewing and becoming familiar with any such modifications. Your use of the Services after any such modification constitutes your acceptance of these Terms as modified.

Some of the Services may be subject to additional posted terms and conditions, all of which are hereby incorporated by reference. In the event of an inconsistency between these Terms and any additional posted terms and conditions, the provisions of the additional terms and conditions shall control.

You represent and warrant that you have the legal capacity to enter into these Terms on behalf of yourself or the entity you represent, and that you are thirteen (13) years old or older. If you are not at least 13 years old, please do not attempt to use the Services or set up an account to use the Services. Your Fizara Account may be deleted without warning if we believe that you are under the age of thirteen (13).

FEES
There is no charge to access the Site, download the Software, or open a Fizara account at this time. However, some of the Services we offer may require you to pay a charge or fee. You acknowledge that Fizara reserves the right to charge for Services and to change our fees from time to time at our sole discretion, upon posting on the Services. Thereafter, upon using the Services, you will be responsible for the payment of any applicable fees as set forth on the Services.

AVAILABILITY OF SERVICES AND PRODUCTS
Descriptions, images, references, features, content, specifications, products, price and availability of any Products or services are subject to change without notice, and current prices can be found on the Services. We make reasonable efforts to accurately display the attributes of our Products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display the correct colors. The inclusion of any Products or services on the Services at a particular time does not imply or warrant that these Products or services will be available at any time. We reserve the right without prior notice, to change or discontinue all or any part of the Service at any time; to limit the available quantity of any Product or service; to honor, or impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotions; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any Product or service. You agree that we shall not be liable to you or to any third party for any elimination or discontinuation of all or any part of the Services, including but not limited to, any Product, service, content, or feature of the Services, or any change in any fees or charges for use of the Services.

CONDITIONS OF SALE
The content of your order cannot be changed once it is placed. Therefore, please proof your project carefully and fix any errors prior to placing your order.

All services and Products ordered through the Services are custom made. As such, all orders placed via the Site and/or Software are final and cannot be cancelled. Payment must be received by Fizara prior to our acceptance of an order. Failure to submit a valid payment will result in Fizara’s refusal to fulfill the submitted order. Payment for orders will be made by credit or debit card. All prices are in U.S. dollars, unless otherwise noted

When you place an order through the Services, we will ask you to supply certain information applicable to your purchase, including, without limitation, payment and other information. Any such information will be treated as described in our Privacy Policy. All information that you provide to us or our third party payment processors must be accurate, current and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. You agree to pay all charges incurred by you or any user of your account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases (including any taxes imposed on your orders and purchases, including, but not limited to, applicable shipping fees, sales, use or value-added taxes). Fizara may automatically charge and withhold such fees and charges for orders to be delivered to addresses within any jurisdictions that it deems are required. When you order books or other Products for overseas delivery, shipments may be subject to import duties and taxes, which are levied when the package with the books or Products arrives at the destination that you specified. Any charges for customs clearance shall be borne by you, as Fizara has no control over such charges and cannot foresee the amount charged (if any). You agree that you are the importer of record for goods and services you order and you shall comply with all laws and regulations of the destination country.

Your credit card issuer agreement governs your use of your designated credit card, and you must refer to that agreement and not these Terms to determine your rights and liabilities as a cardholder. You agree that no additional notice or consent is required before Fizara invoices the credit card for all amounts due and payable. By providing Fizara with your credit card number and associated payment information, you agree that Fizara and its third party payment processors are authorized to immediately invoice your account for all fees and charges due and payable to Fizara as a result of your purchase of any Products or services. You agree to immediately notify Fizara of any change in the credit card used for payment hereunder or in any associated information.

You agree to pay all fees and charges incurred in connection with your orders and purchases at the rates in effect when the charges were incurred. Fees charged for goods and services may change at any time without advanced notice to you.

ORDER ACCEPTANCE POLICY
Your receipt of an electronic or other form of order confirmation does not signify Fizara’s acceptance of your order, nor does it constitute confirmation of our offer to sell. Fizara reserves the right at any time after receipt of your order to accept or decline your order for any reason. Fizara further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by Fizara upon our delivery of the Products that you have ordered. We may require additional verifications or information before accepting any order.

DISPUTES
You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement, or such dispute will be deemed waived. Billing disputes should be notified via Fizara Online Customer Support. If Fizara does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Fizara or its agents.

RETURNS
BECAUSE PRODUCTS ORDERED VIA THE SITE OR SOFTWARE USING THE SERVICES ARE CUSTOM MADE GOODS, ONLY ITEMS WHICH EXHIBIT ACTUAL MANUFACTURING DEFECTS ARE ELIGIBLE FOR REPLACEMENT. THE ONLY REMEDY AVAILABLE TO YOU IS REPLACEMENT OF THE PRODUCT(S) YOU ORDERED THROUGH THE SERVICES. NO REFUNDS OR CREDITS WILL BE GIVEN.

We do not provide replacements of Products with user-generated defects such as typos, misspellings, grammar, design, poor image quality, low image resolution, mistakes in selecting product size, product type, or product options, failure to remember to use coupons, or any other creative choices you made that you want to revisit. We do not provide replacements for damage to Products caused by normal wear-and-tear, unusual handling, or usage, or mistreatment.

Please be aware that the Products you order from us are custom made by one of our professional production partners. There may be minor differences between builds of the same Products and/or across Products printed by different production partners, including, but not limited to, slight variances in color and binding. While we work very hard to keep our Products as consistent as possible, this variation is a normal occurrence in custom and hand built Products and is not considered a manufacturing defect or a defect in workmanship. Therefore, be aware that it does not qualify as a reason for a replacement.

Also be aware that although our production partners use sophisticated printing and color calibration techniques, color variations may occur between the final product and the colors you see on your computer screen. These color variations are normal and will not warrant a replacement.

To receive a replacement of a product, we may ask you to document the problem by taking pictures of the defect and/or returning the defective product for inspection before we approve and/or process the replacement.

Only returns that have been pre-authorized may be returned. Please contact Fizara Customer Service for authorization within 7 days of delivery to apply for a return. Customer Service contact information can be found on the Site or your order confirmation. After contacting a Customer Service representative, you will receive detailed return procedures.

Once you have received a return authorization, the merchandise must be returned to Fizara within ten (10) business days. Returns after this period will not be accepted.

Any damaged product that you wish to return must be returned in the same condition it was received. PLEASE SAVE ALL ORIGINAL PACKING ITEMS AND FILLERS INCLUDED WITH YOUR ORDER. Please include the reason for the return along with the required documentation. If not re-packed as it was originally shipped, Fizara will not authorize replacement of the order.

TITLE AND RISK OF LOSS
All Products purchased through the Services are made pursuant to a shipment contract. Title and risk of loss for any purchases pass to you upon our delivery to the carrier. We reserve the right to ship partial orders (at no additional cost to you).

USE OF THE SERVICES
Subject to and conditioned upon your compliance with these Terms, and solely for so long as you are permitted by Fizara to access the Services, we grant to you a limited, personal, non-exclusive, non-transferable license to access and use the Services, including any images, text, graphics, templates, videos, visuals, sounds, data, files, links and other materials incorporated into the Software (other than the content you provide), solely as made available by us, for the sole purpose of creating Products for production and publication by Fizara. The Service and all intellectual property rights therein, remain the property of Fizara, its licensors, and suppliers (collectively, the “Licensors”). Except as expressly authorized by these Terms, you may not use, reproduce, distribute, modify, transmit, perform, display or create derivative works of any portion of the Services without Fizara’s written consent. Nothing herein grants any rights to commercially exploit any portion of the Services or any content therein. All rights not expressly granted hereunder are expressly reserved.

• You may NOT resell, charge for, sub-license, rent, lease, loan or distribute the Software or Services without Licensors’ prior written consent. Licensors reserve the right to withdraw consent for any reason and without notice. If consent is withdrawn, all activity related to use of the Software and Services must immediately cease.

• You may NOT repackage, translate, adapt, vary, modify, alter, create derivative works based upon, or integrate any other computer programs with, the Software in whole or in part.

• You may NOT use the Services to engage in or allow others to engage in any illegal activity.

• You may NOT decompile, disassemble, reverse engineer or otherwise attempt to discover the source code of the Software except to the extent that you may be expressly permitted to reverse engineer or decompile under applicable law.

• You may NOT restrict or inhibit any other user from using the Services, including, without limitation, by means of “hacking” or defacing any portion of the Services.

• You may NOT use any device, spider, robot, automatic software or device or manual process to hinder or impede or attempt to obstruct or hinder the proper working of the Services, to monitor use of the Services, or in any way reproduce or circumvent the navigational structure or presentation of the Services.

• You may NOT use any network monitoring or discovery software or device to determine the Services architecture or extract information or statistics about usage or user identities.

• You may NOT take any action that, in Fizara’s sole discretion, imposes an unreasonable or disproportionately large load on the Services.

• You may NOT use the Services and in any way to disseminate content that is, in Fizara’s sole discretion, abusive, defamatory, obscene or in violation of copyright or trademark laws.

• You may NOT remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the Services.

• You may NOT “mirror” or “frame” any portion of the Service, or link to any page of or material on the Service other than the URL located at http://www.fizara.com/ or the URLs provided by us to you for such purposes as part of the Services, without our prior written authorization.

• You may NOT harvest or collect information about or from users of the Services without their express consent and, if such consent is provided, only pursuant to applicable law.

You further agree to comply with all laws applicable to your use of the Services, including without limitation, United States laws and regulations governing the export and re-export of the Software (collectively, “Laws”).

REQUIRED COMMUNICATIONS
You understand and agree that our Services may include communications such as service announcements and administrative messages from us or from our partners and that these communications are considered part of the Services. You may not be able to opt out of receiving these messages.

SOFTWARE UPDATES
From time to time, and at Licensor’s sole discretion, you may be notified that there is an update to the Software available through the Services. Under these Terms, you agree to download, install, and use the updated version of the Software instead of the prior version. USE OF AN OUTDATED VERSION OF SOFTWARE MAY CAUSE YOU TO SUBMIT INCORRECT OR INCOMPLETE INFORMATION WITH YOUR ORDERS. You understand and agree that you are solely responsible for any errors that may result from your failure to update and use the most current version of the Software.

MEMBER ACCOUNT AND PASSWORD SECURITY
By setting up your Fizara account, you agree to provide accurate, current and complete information about yourself as prompted by our registration form (including your email address), and to maintain and update your information (including your email address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your access to and use of the Services. Our use and disclosure of any such information that you provide is governed by our Privacy Policy.

You agree not to (a) use the Fizara account, email address or password of any other person or entity at any time; (b) impersonate any person or entity, (c) falsely state or otherwise misrepresent yourself or your affiliation with any person or entity; or (d) use any fraudulent, misleading or inaccurate email address or other contact information.

You are responsible for maintaining the confidentiality of your password and account information and for any and all activities that occur under your account. You agree to notify Fizara immediately of any unauthorized use of your account or any other breach of security. Fizara will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.

GIFT CARDS
Fizara offers gift cards (“Gift Cards”) that can be purchased and redeemed through the Fizara Web Store. You must have or create an Account with Fizara to purchase or redeem Gift Cards; purchasing or redeeming Gift Cards constitutes acceptance of the Terms. Unless expressly stated otherwise, Gift Cards will be provided by Fizara in electronic form only.

Gift Cards may only be redeemed through the Fizara Web Store and may not be redeemed towards previous purchases. Every purchase made with a Gift Card (plus any applicable shipping/handling fees, taxes, and other fees that may apply) is deducted from the Gift Card balance and any unused Gift Card balance will remain on the Gift Card account. Gift Card balances will be used against the total order placed on the Web Store and not against specific items of such order. If any purchase exceeds the Gift Card account, the balance must be paid with a credit card or any other payment method accepted in the Web Store.

The balance of a Gift Card can be reviewed by the purchaser or holder of the Gift Card by entering the respective Gift Card code into the form that is provided by Fizara for this purpose on the Site.

Balances on multiple Gift Cards cannot be combined into a combined balance on one or more new Gift Cards, and Gift Cards cannot be reloaded or recharged. Except as expressly allowed by Fizara, Gift Cards may not be transferred for value or resold. Except to the extent required by applicable law, Gift Cards cannot be redeemed for cash or checks and Gift Card balances cannot be transferred to credit card accounts or accounts of other means of payment. If applicable law requires Fizara to redeem Gift Cards for cash, check, or other means of payment, Fizara reserves the right to select any of the foregoing at its discretion. Gift Cards can only be redeemed for purchases in U.S. currency. Fizara reserves the right to reject the redemption of Gift Cards and request alternative forms of payment, terminate the respective Account, and take legal actions, if Fizara reasonably believes that Gift Cards are abused or used or obtained fraudulently.

The title and risk of loss for Gift Cards passes upon electronic transmission of the Gift Card by Fizara to the purchaser of the Gift Card. Fizara has no obligation to replace lost or stolen Gift Cards, but you can report lost or stolen Gift Cards by contacting Fizara.

Gift Cards have no expiration date and Fizara charges no fee in connection with the purchase (except for the selected purchase price of the Gift Card) or redemption of Gift Cards.

GIFT CARDS ARE PROVIDED BY FIZARA FREE OF ANY WARRANTY, EXPRESS OR IMPLIED. FIZARA IS NOT RESPONSIBLE FOR THE QUALITY, LEGALITY, OR ANY OTHER ASPECT OF THE ITEMS PURCHASED WITH THE GIFT CARD.

You may have other or additional rights in connection with your purchase or redemption of Gift Cards under the laws and regulations of the jurisdiction in which you reside and nothing in this Section restricts such rights you may have.

INTELLECTUAL PROPERTY NOTICE
All title, including but not limited to copyrights, in and to the Site, Software, and any other part of the Services are owned by Licensors. All title and intellectual property rights in and to the content uploaded through use of the Software and/or the Site are the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. You agree that the combination of your content with the content available in the Software and/or the Site may only be used for the production of Products by Fizara pursuant to these Terms. Licensors reserve all rights not expressly granted herein.

All trademarks and service marks on the Services not owned by us are used for identification purposes only and are the property of their respective owners. You are prohibited from using any of the marks or logos appearing throughout the Services without permission from the trademark owner, except as permitted by applicable law. The trade names, trademarks and service marks owned by Fizara, whether registered or unregistered, may not be used, copied, or imitated, in whole or in part, in connection with any product or service that is not ours, without Fizara’s the prior written permission under a separate agreement. Nothing contained on the Services should be construed as granting any license or right to use any of our trade names, trademarks, or service marks without our express prior written consent.

All content, including but not limited to, software, text, graphics, photos, materials, files, information, and their selection and arrangement offered by the Services are protected by copyright and other applicable laws. You may not copy, modify, or distribute such material without Fizara’s prior written permission under a separate agreement. You may not republish these materials or incorporate any of the materials into any other database or compilation. You may only use these materials in the content you submit for production by Fizara. Any other use of these materials is strictly prohibited.

USER CONTENT RESPONSIBILITY AND LICENSE
You are solely responsible for the photos, text, files, video, sound, data, information, materials and any other content (collectively, “Content”) you submit to the Services. You are responsible for obtaining any necessary permission for any third party Content. You are responsible for complying with all applicable laws with respect to the Content you submit. FIZARA HAS NO OWNERSHIP OF YOUR CONTENT.

You hereby grant to Fizara a non-exclusive, fully-paid, royalty-free, assignable, worldwide license to use, reproduce, publish, copy, modify, transmit, publicly display, create derivative works from and distribute your Content solely in connection with the Services, and you warrant that you have a right to grant such a license. In addition, you warrant that all moral rights in any Content and uploaded materials have been waived and do hereby waive any such moral rights.

Fizara has the discretion, but not the obligation, to: (a) withhold, remove and/or discard Content submitted to the Services at any time; (b) retain the submitted Content to fulfill any future orders which may be placed by you; and (c) retain an archival copy of the Content. You further agree that:

• You will NOT submit Content that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to use and reproduce the Content. In addition, you agree to grant Fizara all of the license rights to use such Content in the Services request and/or order.

• You will NOT submit Content that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any Laws, is otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity.

• You will NOT submit, upload, post, email, transmit or otherwise make available any Content that contains software viruses or any other computer code, files or programs designed to damage, interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

Fizara reserves the right, at our sole discretion, and without prior notice to: (a) terminate the accounts of users or prevent access to the Services by users who infringe the intellectual property rights of others; and (b) refuse to produce any Products that contain Content that breaches any of the representations and warranties and covenants set forth above.

COPYRIGHT AND DISPUTE POLICY
If you are a copyright owner or an agent thereof and believe in good faith that any material used or displayed on or through the Services infringes your copyrights, pursuant to the Digital Millennium Copyright Act (“DMCA”), you may send us a notice requesting that the material be removed, or access to it blocked by providing our Copyright Agent with the following information in writing (see 17 U.S.C. §512(c)(3) for further detail):
(i) A physical or electronic signature of the owner of the right that is allegedly infringed or a person authorized to act on their behalf;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of the copyrighted works;
(iii) Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material on the Service;
(iv) The name, address, telephone number, and email address of the complaining party;
(v) A statement that the owner or agent 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
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or are 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; see http://www.copyright.gov/ for details. DMCA notices and counter-notices regarding the Service should be sent to:

Fizara, LLC
Attn: Copyright Claims
900 Wilshire Drive Suite 202
Troy, MI 48084
email: copyright@fizara.com

E-mails sent to copyright@fizara.com for purposes other than communication about copyright claims may not be acknowledged or responded to.

SHARING SERVICE
The Services may now or in the future permit the hosting, sharing, and/or online publishing of photos, videos or other communications submitted by you and other users. You understand that whether or not such submissions are published, Fizara does not guarantee any confidentiality with respect to any such submissions.

LINKS TO AND FROM THIS SITE
The Services may contain links to other web sites. Any web sites linked to by the Services are offered by third parties outside of our control. Such third party web sites have their own terms and policies. When leaving the Site via a link to a third party web site, you should review the terms and policies associated with that web site. We provide such links only as a convenience, and the inclusion of a link in the Services does not imply our endorsement of the linked site, or its contents.

Other web sites may provide links to the Services with or without our authorization. We do not endorse such sites, and are not and shall not be responsible or liable for any links from those sites to the Services, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.

YOU AGREE THAT YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

We reserve the right, at any time, without prior notice, and in our sole discretion, to block links to the Services through technological or other means.

PROMOTIONS
In addition to the terms and conditions of these Terms, any contests, sweepstakes, surveys, games or similar promotions (collectively, “Promotions”) made available through the Site may be governed by specific rules that are separate from these Terms. By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. We urge you to review any specific rules applicable to a particular Promotion, which will be linked from such Promotion, and to review our Privacy Policy which, in addition to these Terms, governs any information you submit in connection with such activities. To the extent that the terms and conditions of such rules conflict with these Terms, the terms and conditions of such rules shall control.

TERM AND TERMINATION
These Terms shall remain effective until terminated as set forth herein. You may delete your account at any time, for any reason by following the instructions on the Site. Fizara reserves the right to immediately terminate these Terms and your right to access and/or use the Services, and any portion thereof, at any time and for any reason, including in the event of any violation of these Terms. Upon termination of these Terms, your right to access and/or use the Services will immediately cease. You agree that any termination of your access to or use of the Services may take effect without prior notice, and that we may immediately deactivate or delete your password and user name, and all related information and files associated with it (including any Content you have submitted to the Services), and/or bar any further access to such information or files. You agree that we shall not be liable to you or any third party for any termination of your access to the Services or to any such information or files, and shall not be required to make such information or files available to you after any such termination. Even after termination, your obligations under these Terms will remain in effect.

INDEMNIFICATION
You agree to indemnify, defend and hold Fizara, its affiliates, agents, officers, employees, licensors, and suppliers harmless from and against any and all claims, liabilities, losses, expenses, damages and costs, including without limitation reasonable attorney fees, in any way arising out of or related to your use of the Site, Software, or Services, or any activity or event related to your account (including negligent or wrongful conduct) by you or any other person accessing the Services using your account, or violation of these Terms or any other law or regulation.

EXPORT
When you use or export any software or materials provided through the Services, or the Products purchased through the Site, you are responsible for compliance with all local laws, and you are required to comply with U.S. export laws and regulations.

NO WARRANTIES – DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. FIZARA AND ITS LICENSORS DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OF THE SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, INCLUDING, BUT NOT LIMITED TO, ALL MATERIALS INCORPORATED THEREIN AND ALL FEATURES AND FUNCTIONALITY OF THE SERVICES, WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR SECURE, OR THAT DEFECTS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FIZARA AND ITS LICENSORS OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY
YOU AGREE THAT LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS OR EXPENSE OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, COST OF SUBSTITUTE GOODS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGE, LOSS OR EXPENSE IS BASED IN TORT, CONTRACT OR OTHERWISE. IN NO EVENT SHALL LICENSORS BE LIABLE TO YOU FOR LOSS OF DATA OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES, REGARDLESS OF WHETHER LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSORS SHALL HAVE NO LIABILITY WITH RESPECT TO THE CONTENT OF THE SERVICES OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO ERRORS OR OMISSIONS CONTAINED THEREIN, LIBEL, INFRINGEMENTS OF RIGHTS OF PUBLICITY, PRIVACY, TRADEMARK RIGHTS, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, MORAL RIGHTS OR THE DISCLOSURE OF CONFIDENTIAL INFORMATION. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU AND, IN THAT EVENT, THE TOTAL AMOUNT OF LICENSORS LIABILITY TO YOU SHALL NOT EXCEED $100.00 U.S.

JURISDICTIONAL ISSUES
The Services are controlled and operated by Fizara from the United States, and is not intended to subject Fizara to the laws or jurisdiction of any state, country or territory other than that of the United States. Fizara does not represent or warrant that the Service or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the Service do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Service’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

GOVERNING LAW AND JURISDICTION
These Terms are governed by the laws of the State of Michigan without reference to its conflict of law provisions. You agree that any dispute related to the terms of service and/or arising out of your use of the Services shall be brought in the federal court sitting in the State of Michigan having jurisdiction thereof or the state circuit court in Oakland County, Michigan and you waive any claim that such courts do not have personal jurisdiction or are an inconvenient forum.

ASSIGNMENT
Fizara may assign its rights and obligations under these Terms, in whole or in part, without notice to you, at any time.

ENTIRE AGREEMENT
These Terms, including the Fizara End User License Agreement and Privacy Policy, constitute the entire agreement between you and Fizara with respect to the Software, Products, Services, and Site, and supersede any and all prior or contemporaneous communications. The failure of either party to require performance by the other party of any particular term shall not constitute a waiver of the term. The invalidity or unenforceability of any term of these Terms shall not affect the validity and enforceability of the remaining terms. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extent as any other business documents or records originally generated and maintained in printed form.