Terms and Conditions
 

 

Terms and Conditions:

 

1. AGREEMENT TO TERMS

These Name Your Fee Terms of Use ("TERMS") are effective as of September 15th, 2012. Your continued use after such time of the Name Your Fee web site, feeds, applications for third-party web sites and services, and any other web services or applications owned, controlled or offered by Name Your Fee (collectively, the "Site") shall signify your express acceptance of the TERMS. By accessing or using the Site, you signify that you have read, understood, and agree to be bound by the TERMS. By clicking the "I Agree" checkbox upon registration with the Site, you also expressly agree to these TERMS.

 

2. CHANGES TO TERMS

 

Name Your Fee reserves the right, at its sole discretion, to change, modify, or otherwise alter the TERMS from time to time in its sole discretion by updating the Site or any linked information. Unless otherwise provided in such change, modification, or alteration, the updated TERMS, or any part thereof, will take effect when they are posted to the Site. Such change, modification, or alteration to the TERMS may be made without notice to you. You agree that your continued use of the Site obligates you to review the TERMS from time to time for any changes, modifications, or alterations which may occur. The most recent version of the TERMS may be accessed at: www.nameyourfee.com/terms

 

3. RELATIONSHIP BETWEEN USERS

 

Name Your Fee makes the Site available as an employer network. Under these TERMS, "User", employers, advertisers and other third party persons who visit or otherwise make use of the Site. Name Your Fee operates a name your fee platform. Where the employer can name whatever fee they want to spend to have an applicant hired.

A. SITE CONTENT. As a User of the Site, you understand that all postings are the sole responsibility of the User from whom such content originated. Name Your Fee is not required to and does not control or verify the content or its quality, truth or accuracy made available through the Site. You agree that you must evaluate, and bear all risks associated with the use of any content made available on Name Your Fee, including any reliance on the accuracy, completeness, or usefulness of such content.

 

B. LINKS. Content available through the Site may contain links to other websites which are completely independent of the Site. Name Your Fee is not responsible for nor endorses the accuracy, completeness, authenticity or safety of the information or links contained in the Site. Your linking to any other websites is at your own risk and Name Your Fee will not be liable for any content or any loss or damage incurred as a result of any content posted, emailed or otherwise made available through the Site.

 

C. DEALINGS WITH OTHER USERS.  All rights and obligations arise between Users to such transaction and must look solely to the other for enforcement and performance of such rights and obligations, and any other terms, conditions, representations, or warranties associated with the transaction. Any sample agreements or suggestions on the Site to help Users establish relationships with each other are provided by Name Your Fee for educational purposes only. Users and third-parties agree to seek independent legal advice in regards to the creation of any relationship with other Users or third parties.

 

D. DEALINGS WITH ADVERTISERS. You correspondence or business dealings with, or participations in promotions of advertisers found on or through Name Your Fee, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings are solely between you and such advertiser. You agree that Name Your Fee shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or of the presence of such advertisers on the Site.

4. RELATIONSHIP WITH NAME YOUR FEE

A. USER OBLIGATIONS

i. FEES & CANCELLATION. There are no fees associated with this site to become a user / member. The only fee is when an actual placement occurs. Then you obligated for the fee that is owed when you have placed the job order. The fee that is due is the fee that you have named when you have put the job order into the system. All placement fees are due within 30 days of start date. All applicants are guaranteed for replacement for sixty days. Providing the fee is paid in accordance of the start date.

If you choose to cancel your Name Your Fee membership, functionality will cease at the time of cancellation. 

Additional terms and conditions 

 

ii. CONDITIONS OF USE. By your use of Name Your Fee Site or services, you represent that you are of legal age to form a binding contract and are not a person barred from using Name Your Fee Site or services under the laws of the United States or other applicable jurisdiction. By your use, you agree to: (a) provide true, accurate, current and complete information about yourself in your use of Name Your Fee Site or services; and (b) maintain and promptly update your information on Name Your Fee Site or services to keep it true, accurate, current and complete. You understand you will be solely responsible for the contents you make available through Name Your Fee Site or services. If you provide any information that is untrue, inaccurate, not current or incomplete, or Name Your Fee has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Name Your Fee has the right to suspend or terminate your account, and refuse any and all current or future use of Name Your Fee Site or services.

 

iii. COMPLIANCE GENERALLY. Recognizing the global nature of the Internet, you agree your use of Name Your Fee Site or services shall comply with all state, national, international, and local laws and regulations having the force of law, including without limitation, intellectual property, import and export, employment (including EEOC and OFCCP), securities, privacy, online conduct, and acceptable content laws and regulations.

 

iv. INTERNATIONAL USE. The Site is controlled and operated from its facilities in the United States. Name Your Fee makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use or access the Site if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. In particular, you: (a) represent that you are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, nor will you transfer software, technology and other technical data via Name Your Fee to parties identified on such lists; (b) agree not to use Name Your Fee for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; (c) agree not to transfer, upload or post via Name Your Fee any software, technology or other technical data in violation of U.S. or other applicable import or export laws.

 

v. PROHIBITED USE. You agree not to post, email, transmit, upload or otherwise make available content that:

 

a. may create a risk of harm, loss, physical or mental injury to another person, or create a risk of any other loss or damage to any person or property;

 

b. seeks to harm or exploit minors, by exposing them to inappropriate content or otherwise;

 

c. may constitute or contribute to a crime or tort;

 

d. contains any information or content that may be unlawful, harmful, abusive, racially or ethnically offensive, tortious, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;

 

e. impersonates any person or entity, including but not limited to, a Name Your Fee official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity

 

f. contains material you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

 

g. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

 

h. makes available any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation;

 

i. contains content contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets);

 

j. makes available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

 

k. intentionally or unintentionally violates any applicable local, state, national or international law, including, but not limited to, employment-related regulations or laws, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

 

l. "stalks" or otherwise harasses another person or entity;

 

m. violates third-party rights of any kind, including without limitation any intellectual property rights, rights of publicity and privacy;

 

n. contains any information or content that you know is not true, accurate, current and complete; and/or

 

o. collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above.

 

p. jobs to Name Your Fee split board (to Recruiters) from companies that you or your firm does not have a direct contractual relationship. This includes posting split jobs from other split partners (splits of splits). Name Your Fee reserves the right to remove all posts of a user if it is determined, in any Name Your Fee representative's best judgment, that the user is posting split jobs for which s/he is not contractually working with the end hiring company.

 

q. is not a legitimate or salary paying job. Postings that are poorly formatted or are for MLM or similar marketing purposes will not be approved and will result in account termination.

 

vi. MEMBER ACCOUNT, PASSWORD, SECURITY. You will select a password and account designation upon completing Name Your Fee registration process. Each Name Your Fee account is for the use of one User only. Name Your Fee accounts are not designed to be shared. 

 

vii. ACCESS, PRESERVATION, DISCLOSURE. You acknowledge, consent and agree that Name Your Fee may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal processes; (b) enforce the TERMS; (c) respond to claims that any content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Name Your Fee, its users and the public. For more on Name Your Fee Privacy Policy, please review the most updated version available at: The most updated privacy policy may be accessed at: www.nameyourfee.com/privacy

 

viii. NO TRANSFER, ASSIGNMENT, OR DELEGATION. User shall not transfer, assign, or delegate User's rights or obligations (including use of User's account) under the TERMS to anyone. Any attempt to do so will be null and void.

 

B. NAME YOUR FEE ROLE

 

i. NO RELATIONSHIP. Nothing in these TERMS shall be deemed to create a partnership, joint venture, agency, or employer-employee relationship between Users or between Users and Name Your Fee.

 

ii. CONTENT, REMEDIAL ACTION. You agree that Name Your Fee may or may not pre-screen the content on its Site and which is made available through its services, and that Name Your Fee shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse or remove any content that is available via the Site and its services. Name Your Fee and its agents shall have the right to take remedial action, including but not limited to, removing any content which violates these TERMS or is otherwise objectionable, terminating or suspending the sending User's registration, and subjecting such User to civil and criminal penalties.

 

iii. PRIVACY. Name Your Fee is committed to protecting your privacy in accordance with our Privacy Policy, herein fully incorporated. The most updated privacy policy may be accessed at: www.nameyourfee.com/privacy Name Your Fee Privacy Policy shall not cover content which User makes available for public access on the Site, or is otherwise in the public domain.

 

iv. REFUSAL, TERMINATION, SUSPENSION. Name Your Fee reserves the right in its sole discretion to refuse, suspend, or terminate your account without prior notice to anyone for any reason or no reason. Name Your Fee also reserves the right to limit postings of any sort to Name Your Fee by any member for any reason.

 

5. INTERACTION THROUGH SITE

 

You agree that the use of the Name Your Fee Site and service is entirely at your own risk. The Name Your Fee site and service is provided on an "AS IS" or "AS AVAILABLE" basis, without any warranties of any kind. Your interactions with other Users found on or through the service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such other User. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any other User or third parties.

 

A. CONTENT SUBMITTED OR MADE AVAILABLE. Name Your Fee does not claim ownership of content you submit or make available for inclusion on the Name Your Fee Site or Services. However, with respect to content (including, without limitation photos, graphics, audio, video or content in any other media) you submit or make available for inclusion on publicly accessible areas of the Site, you grant Name Your Fee the worldwide, royalty-free and non-exclusive license(s) applicable to use, distribute, reproduce, modify, adapt, translate, publish, publicly perform and display such content (in whole or in part) and to incorporate such content into other works in any format or medium now known or later developed. To promote Users, Name Your Fee may repost any content or information posted by Users on the Name Your Fee Site for use on other third-party recruiting and employment related services. User grants Name Your Fee, and its third-party partners, the worldwide, royalty-free and non-exclusive license(s) applicable to use, distribute, reproduce, modify, adapt, translate, publish, publicly perform and display such content (in whole or in part) and to incorporate such content into other works in any format or medium now know or later developed on third-party employment-related websites and services. Any such license exists only for as long as you elect to continue to include such content on Name Your Fee Site or services, and will terminate at the time you or Name Your Fee removes such content from Name Your Fee Site or services.

 

B. CONTRIBUTIONS TO NAME YOUR FEE. By submitting ideas, suggestions, documents and/or proposals ("Contributions") to Name Your Fee through its suggestion, feedback or message posting services, you acknowledge and agree that:

 

i. your Contributions do not contain confidential or proprietary information;

 

ii. Name Your Fee is not under any obligation of confidentiality, express or implied, with respect to the Contributions;

 

iii. Name Your Fee shall be entitled to use or disclose, or not use or disclose, such Contributions for any purpose, in any way, in any media worldwide;

 

iv. Name Your Fee may have something similar to the Contributions already under consideration or in development;

 

v. your Contributions automatically become the property or Name Your Fee without any obligation of Name Your Fee to you; and

 

vi. you are not entitled to any compensation or reimbursement of any kind from Name Your Fee, unless expressly provided for in this TOU.

 

C. USE AND STORAGE PRACTICES. You acknowledge that Name Your Fee may establish and modify general practices and limits concerning the use of Name Your Fee services, including without limitation, the maximum number of days that email messages, message board postings or other uploaded content will be retained by Name Your Fee, the maximum number or size of email messages that may be sent from or received by an account with Name Your Fee, the maximum disk space that will be allotted on Name Your Fee servers on your behalf, and the maximum number of times and duration you may access is services within a given period of time. You agree that Name Your Fee has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by Name Your Fee services. You acknowledge that Name Your Fee reserves the right to suspend or terminate accounts that are inactive for an extended period of time.

 

D. DATA. You are solely responsible for the creation, storage and backup of your business records. This TERMS and any registration for use of the Site will not be construed as creating any responsibility on Name Your Fee part to store, backup, retain, or grant access to any information or data for any period.

 

E. PROPRIETARY RIGHTS. You acknowledge and agree that Name Your Fee and any necessary software used in connection with Name Your Fee Site and its services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that the content contained in advertisements or information presented to you through Name Your Fee or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Name Your Fee or the applicable licensor (such as an advertiser or User), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Name Your Fee services or software, in whole or in part.

 

You agree not to access Name Your Fee Site or services by any means other than via the interface that is provided by Name Your Fee for use in accessing the Name Your Fee Site or services.

 

6. ADDITIONAL TERMS AND CONDITIONS FOR SVP USERS (SINGLE VENDOR PLAN USERS)

 

The placement fee is determined by the amount you enter when you have created the job order.

 

i. If the respective Employer hires the candidate during this 12 month period for any position, the Employer owes the Placement Fee listed below.

 

o Employer shall pay Name Your Fee the placement fee on the amount they enter when they place the job order. If the employer hires any Name Your Fee recruiter referred candidate, the employer agrees to pay the fee equal to the Fee they listed on the job posting to which the candidate was being submitted even if the candidate was hired into a different position. The Placement Fee shall be due and payable 30 days after a candidate begins work for the employer. The employer is entitled to a 60 day guarantee period for each candidate hired by the employer. The 60 day guarantee period begins on the placed candidate's employment start date. If a placed candidate leaves his or her employment before the end of the guarantee period, or if the placed candidate is dismissed for reasons other than a lack of work, then the employer will receive a replacement applicant for free. This guarantee is honored on placements with payments made within 30 days from candidate start date. Employer agrees to forfeit the guarantee policy on any placements where the corresponding invoice is late.

 

o Placement Fees are due and payable from the employer within 30 days from the placed candidate's employment start date, and payment shall be deemed late if it has not been sent by the date it is due and payable. Late payments shall be assessed interest at 1.5% per month, and employer agrees to pay for court and arbitration costs (including arbitrator's fees) and reasonable attorney fees incurred by Name Your Fee for the cost of any actions or claims for non-payment after 60 days from the placed candidate's employment start date.

 

o To trigger a Placement Fee refund to employer, the employer must send notice to Name Your Fee of the placed candidate's employment termination within five business days of the termination. The employer must send notice to Name Your Fee corporate address via certified mail return receipt requested, and email, to the following:

 

Address: Name Your Free

 

      1858 Pleasantville Rd.                         Briarcliff Manor NY 10510

 

Email: info@nameyourfee.com 

 

o EMPLOYER'S FAILURE TO SEND NOTICE TO NAMEYOURFEE WITHIN FIVE BUSINESS DAYS OF A PLACED CANDIDATE'S TERMINATION SHALL BE DEEMED A WAIVER OF EMPLOYER'S RIGHT TO A REFUND OF THE PLACEMENT FEE.

 

1. TRADEMARK INFORMATION

 

You agree that all of Name Your Fee trademarks, trade names, service marks and other Name Your Fee logos and brand features, and product and service names ("Name Your Fee Marks") are trademarks and the property of Name Your Fee. Without Name Your Fee prior permission, you agree not to display or use in any manner Name Your Fee Marks.

 

2. COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS: NOTICE AND PROCEDURE

 

Name Your Fee respects the intellectual property of others, and we ask our Users to do the same. Name Your Fee may, in appropriate circumstances and at its discretion, suspend, terminate or cancel the accounts of Users who may be repeat infringers. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Name Your Fee Copyright Agent the following information:

 

A. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

 

B. a description of the copyrighted work or other intellectual property that you claim has been infringed;

 

C. a description of where the material that you claim is infringing is located on the Site;

 

D. your address, telephone number, and email address;

 

E. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;

 

F. a statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

 

3. Name Your Fee Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

 

E-mail: info@nameyourfee.com 

 

Phone: (914)488-6004

 

Address: 1858 Pleasantville Road

 

Briarcliff Manor, NY 10510 

 

4. WARRANTY DISCLAIMER

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

 

A. NAMEYOURFEE SITE AND SERVICES ARE PROVIDED "AS IS," "AS AVAILABLE", AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED), INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE.

 

B. NAMEYOURFEE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT: (i) NAMEYOURFEE SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) NAMEYOURFEE SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH NAMEYOURFEE SERVICES OR SOFTWARE; OR (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

 

C. NAMEYOURFEE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE WEB SITE BY ANY THIRD PARTY.

 

D. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED OR ACCESSED THROUGH THE USE OF NAMEYOUFEE SERVICE OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

 

E. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NAMEYOURFEE OR THROUGH OR FROM NAMEYOURFEE SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

 

SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING LIMITATIONS ON IMPLIED WARRANTIES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

5. RELEASE

 

You expressly understand and agree that Name Your Fee and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be responsible or liable to you for any loss or damage of any sort, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, incurred as the result of any dealings resulting from the use or the inability to use the Name Your Fee service, the cost of procurement of substitute goods and/or services, unauthorized access to or use of your account or contents you make available, statements or conduct of any third party on Name Your Fee, or any other matter relating to the Name Your Fee Site or services.

 

If there is a dispute between Users on this site, or between users and any third party, you understand and agree that Name Your Fee is under no obligation to become involved. In the event that you have a dispute with one or more other Users, you hereby release Name Your Fee, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or to Name Your Fee Site or services.

 

6. THIRD PARTY BENEFICIARY

 

You acknowledge and agree that the value, reputation and goodwill of the Site depend on the User's obligations and agreements as set forth in this TERMS. User agrees therefore to appoint Name Your Fee as a third-party beneficiary of this TERMS for the purposes of enforcing the obligations owed to, and the benefits, conferred upon Name Your Fee by this TERMS. User further agrees that Name Your Fee has the right to take such actions with respect to any obligation or agreement arising under or relating to this TERMS, including without limitation, suspension, termination, or legal actions, as Name Your Fee in its sole discretion deems necessary to protect the value, reputation, and goodwill of the Site.

 

With exception of the foregoing, or as may be otherwise provided for in these TERMS, you agree that there shall be no third-party beneficiaries to this agreement.

 

7. INDEMNITY

 

User agrees to hold harmless and indemnify Name Your Fee, its officers, subsidiaries, affiliates, successors and assigns against any and all losses, costs expenses, damages, or other liabilities incurred by Name Your Fee, and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by other Users (including candidates), or by any third parties against Name Your Fee in connection with your use of the Site, including any content posted or information submitted to the Site, employment-related claims, and payment obligations incurred through use of the Site. This indemnity shall also apply to any follow-on transactions or events connected to your use of the Site.

 

8. MISCELLANEOUS TERMS & CONDITIONS

 

A. ENTIRE AGREEMENT, SEVERABILITY. These TERMS, together with any other legal notices and agreements published by Name Your Fee via the Site, shall constitute the entire agreement between you and Name Your Fee concerning the Site and its services. If any provision of these TERMS is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these TERMS, which shall remain in full force and effect.

 

B. TITLES AND SUBHEADINGS. The titles and sub-headings under these TERMS are for convenience only, and have no legal or contractual effect.

 

9. DISPUTE RESOLUTION BETWEEN USER AND NAMEYOURFEE

 

A. CHOICE OF LAW AND FORUM. These TERMS and any disputes concerning the validity, interpretation, or performance of any of its terms or provisions, or any rights or obligations of the parties hereunder, shall be governed by the laws of the State of New York, without giving effect to any principle that may provide for the application of the law of another jurisdiction. You agree that any claim or dispute you may have against Name Your Fee shall be resolved by a court located in the New York. You and Name Your Fee agree to submit to the personal jurisdiction of the courts located within the county of White Plains New York, and agree to waive any and all objections to the exercise of jurisdiction over parties by such courts and to venue in such courts.

 

B. ARBITRATION. The User and Name Your Fee agree that any and all claims, controversies or disputes arising from or related to these TERMS, the Name Your Fee Privacy Policy, or any other use of the Name Your Fee Site or services, including, but not limited to those claims, controversies or disputes pertaining to the formation, construction, performance, applicability, interpretation, enforceability, or breach of the TERMS and Privacy Policy, or any claim or assertion that all or part of the TERMS or Privacy Policy are void or voidable, shall be determined by binding arbitration in White Plains New York before one arbitrator. The arbitrator shall have experience with internet-related transactions or electronic transactions generally. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The User and Name Your Fee agree that any award tendered by the arbitrator may be entered as a judgment in the White Plains County District Court and enforceable as an order of said court and the parties hereby submit to the venue and jurisdiction of that court for purposes of enforcement of any arbitration award. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. In the event pre-dispute binding mandatory arbitration is prohibited under any relevant laws, the User and Name You Fee agree that any and all claims, controversies or disputes arising from or related to these TERMS and Privacy Policy shall be submitted to JAMS mediation. If the matter is not resolved within 60 days after initiation of mediation, either party may seek redress in court.

 

C. STATUTE OF LIMITATIONS. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of Name Your Fee or the TERMS must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

 

10. CONTACT

 

A. NOTICES TO USER. Name Your Fee may provide you with notices, including those regarding changes to these TERMS, via but not limited to email, regular mail, SMS, MMS, text message, postings on Name Your Fee or other reasonable means now known or hereafter developed. You will be considered to have received a communication when Name Your Fee sends such communication to the contact information you have provided to Name Your Fee on the Site, or when Name Your Fee posts such communication on the Site. Such notices may not be received if you violate these TERMS by use of Name Your Fee Site or its services in an unauthorized manner. You hereby agree that you are deemed to have received any and all notices that would have been delivered to you had you accessed Name Your Fee in an authorized manner.

 

B. CONTACTING NAMEYOURFEE. If you wish to report a violation of the TERMS, or have any questions or need assistance, please contact us at:

 

E-mail: info@nameyourfee.com 

Phone: (914)488-6004 option 6

Address: 1858 Pleasantville Road

               Briarcliff Manor New York 10510

 

 

 

 
 
 
 
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