Funnel Rolodex Terms of Service
Last Updated: January 30, 2019
Welcome to Funnel Rolodex! We look forward to helping Funnel Rolodex Users connect with Service Providers whose creativity and talent can help Users take their sites to the next level. The below Terms govern Users’ and Service Providers’ relationship with Funnel Rolodex and each Party’s rights on the Funnel Rolodex platform. The following Terms are binding on You, whether You are a User or a Service Provider.
1. Definitions A. “Funnel Rolodex” is the online space, including website and all digital content contained thereon, where Service Providers advertise their services and Users connect with and hire Service Providers.
B. “Service Provider” is a person over the age of eighteen (18) years of age with a business, featured on Funnel Rolodex, who provides services for hire by Users, related to the building and maintenance of sales funnels.
C. “Terms” means and refers to the Funnel Rolodex Terms of Service set forth herein.
D. Us,” “We,” and “Our” means Funnel Rolodex LLC, the company that owns and operates Funnel Rolodex.
E. “User” is a Funnel Rolodex account holder over the age of eighteen (18) years who contracts with a Service Provider via Funnel Rolodex.
F. “You” means and refers to the User or Service Provider who is accessing Funnel Rolodex and is therefore bound by these Terms.
2. Information; Registration; Usernames and Passwords
You will be required to create an account with Funnel Rolodex prior to accessing Funnel Rolodex. Service Providers will be required to provide a street address and such other information as may be necessary to enable a User to contact the Service Provider to resolve disputes. You warrant that the information provided to Us is truthful and accurate, and that You are not impersonating another person. You are responsible for maintaining the confidentiality of any password used to access Funnel Rolodex, and You agree not to transfer any password or user name, or lend or otherwise transfer use of or access to Funnel Rolodex, to any third party. You are fully responsible for all transactions with, and information conveyed to, Funnel Rolodex under an assigned user name. You agree to immediately notify Funnel Rolodex of any unauthorized use of a password or user name or any other breach of security related to Funnel Rolodex. You agree that Funnel Rolodex is not liable, and will hold Funnel Rolodex harmless, for any loss or damage arising from Your failure to comply with any of the foregoing obligations.
3. Funnel Rolodex Access
After properly registering for Funnel Rolodex, we grant You a personal, non-exclusive, fully revocable, non-assignable, non-transferable, limited right to use and access Funnel Rolodex as permitted by Us. You must not: - Decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to Funnel Rolodex or any portion of the Funnel Rolodex. - Violate any laws, rules or procedures of the United States. - Violate any of Our Terms.
4. Funnel Rolodex Control You understand and agree that Funnel Rolodex LLC has the sole and absolute right to control Funnel Rolodex, including what is placed on Funnel Rolodex. You understand that Funnel Rolodex LLC has the right to review any listing prior to or after it is placed on Funnel Rolodex, and that Funnel Rolodex LLC has sole and absolute discretion, for any reason or for no reason, to allow a listing on Funnel Rolodex, refuse to allow a listing on Funnel Rolodex, or to remove a listing from Funnel Rolodex.
Funnel Rolodex LLC may remove content from Funnel Rolodex, and may suspend or permanently terminate Your Funnel Rolodex account, if You engage in any of the following:
A. HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to Funnel Rolodex LLC’s reputation; and the violation of the rights of Funnel Rolodex LLC or any third party.
B. “SPAMMING” AND UNSOLICITED COMMUNICATIONS. Any communications sent or authorized by You, reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third party blogs).
C. OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by You, including without limitation postings on any website operated by You, or social media or blog, which is: sexually explicit, obscene, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; solicitous of unlawful behavior; or that violates the intellectual property rights of another.
Upon cancellation of Your account for any reason, You shall have no further access to Funnel Rolodex, and Your data is subject to deletion by Funnel Rolodex LLC without further notice to You.
5. Funnel Rolodex Fee At the time User purchases services from a Service Provider, User shall pay to the Service Provider the entire amount listed by the Service Provider for the service. The Service Provider will receive this fee, less a Funnel Rolodex fee which will be equal to 20% of the Service Provider’s charge. Payments to Service Providers will be made on the 1st & 15th of every month. Funnel Rolodex LLC reserves the right to change any fee or fee structure at any time, following written notice to Service Provider, or amendment of these Terms. In no event will You be entitled to a refund of the Funnel Rolodex fee .
Example: $100 transaction
|Funnel Rolodex (20%)||$20.00|
|Service Provider (80%)||$80.00|
6. Taxes and VAT
You agree to be solely liable for all taxes related to the transactions, and to hold Funnel Rolodex LLC harmless against any tax liabilities. Where required to by law, Funnel Rolodex LLC may collect applicable taxes related to Your use of Funnel Rolodex, but whether taxes are collected or not, You remain solely responsible for any applicable taxes, and Funnel Rolodex LLC is not responsible for collecting, transmitting, or advising on taxes, duties, or other government levies. Service Providers may be required to submit W-9 or other tax forms to Funnel Rolodex LLC. You understand and agree that if You have an EU Member country VAT number, You may be obligated to provide that VAT number to Funnel Rolodex LLC and pay VAT. You agree to hold harmless and indemnify and defend Funnel Rolodex LLC from any VAT charges, fines, interest, and penalty that are assessed to Funnel Rolodex LLC based on Your failure to pay VAT.
7. Independent Contractor
Nothing herein creates a relationship of employee, servant or agent between Funnel Rolodex LLC and any Service Provider or User. Under no circumstances do You have any authority to represent Funnel Rolodex LLC to, or to bind or otherwise obligate Funnel Rolodex LLC to, any third party. Funnel Rolodex LLC is not Your agent.
8. No License to use Funnel Rolodex LLC Marks The Funnel Rolodex LLC trademarks and logos are proprietary marks of Funnel Rolodex LLC, and the use of those marks is strictly prohibited. Nothing herein gives You the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by Funnel Rolodex LLC or any of Funnel Rolodex LLC’s affiliates.
9. No Warranty
User understands and agrees that Funnel Rolodex LLC makes no promise, guarantee, or warranty as to the quality of any Service Provider. Both User and Service Provider understand and agree that Funnel Rolodex LLC makes no promise, guarantee, or warranty as to the success You may have, or the income You may generate, from Funnel Rolodex. Funnel Rolodex AND ALL TEMPLATES THEREON ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT. Funnel Rolodex LLC MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH Funnel Rolodex. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT USER’S AND SERVICE PROVIDER’S SOLE RISK. Funnel Rolodex LLC MAKES NO REPRESENTATION OR WARRANTY (A) REGARDING THE STATEMENTS, ACTS OR OMISSIONS OF ANY USER OR SERVICE PROVIDER; (B) THAT Funnel Rolodex WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO Funnel Rolodex WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (C) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (D) THAT Funnel Rolodex OR THE SERVERS OR NETWORKS THROUGH WHICH Funnel Rolodex IS MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Funnel Rolodex may include inaccuracies, errors and materials that violate or conflict with these Terms. In the event of any conflict between anything posted on Funnel Rolodex and these Terms, these Terms shall control.
10. Arbitration, Governing Law, and Attorneys’ Fees.
A. ARBITRATION. Any claim or grievance of any kind, nature or description that You have against Funnel Rolodex LLC including, but not limited to, economic losses, personal injury, or property damage, shall be resolved exclusively in binding arbitration in Ada County, Idaho. You agree not to file suit against Funnel Rolodex LLC or any of its affiliates, subsidiaries, officers, directors, employees, successors, or assigns. The arbitration will take place before a neutral arbitrator (hereafter, “Arbitrator”) agreed upon by You and Funnel Rolodex LLC. In the event that You and Funnel Rolodex LLC are unable to reach agreement on an Arbitrator, You and Funnel Rolodex LLC will each select an arbitrator, and the two of them will select the Arbitrator, who must be a resident of Ada County, Idaho. The arbitrators selected by You and Funnel Rolodex LLC will have no further involvement in the arbitration. The Arbitrator will determine the rules governing arbitration. The decision of the Arbitrator will be final and binding on You and Funnel Rolodex LLC and may be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitrate survives any termination or expiration of the Agreement.
B. GOVERNING LAW. This Agreement shall be governed, construed, and interpreted in accordance with the laws of the State of Idaho without regard to any choice of law provisions.
C. WAIVER OF CLASS ACTION CLAIMS. You understand and agree that neither User nor Service Provider will have the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claims that may arise under, or be in any way related to, this Agreement. There is no right or authority for any claim You have against Funnel Rolodex LLC to be brought on a class action basis or on any basis involving claims brought in a purported representative capacity on behalf of the general public, or on behalf of other persons or entities similarly situated. Claims brought against Funnel Rolodex LLC may not be joined or consolidated with claims brought by anyone else.
D. LIMITATIONS PERIOD. Any claim brought in arbitration must be brought within the time period set forth in any statute of limitations that, but for this agreement to arbitrate, would apply to the claims asserted in any arbitration proceeding.
E. INJUNCTIVE RELIEF. Nothing in this Agreement prevents Funnel Rolodex LLC from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other relief available to protect Funnel Rolodex LLC’ rights prior to, during, or following any arbitration proceeding.
F. ATTORNEYS’ FEES. You agree that in the event of any arbitration or litigation, each Party will each bear its own costs and attorneys’ fees, regardless of who is deemed the prevailing party. The foregoing notwithstanding, if any You or Funnel Rolodex LLC commences an action in a court of law or equity and the responding Party successfully moves such court to compel arbitration, the Party who moved for the order compelling arbitration shall be entitled to recover its reasonable costs and attorneys’ fees incurred on the motion to compel from the other Party.
11. Limitation of Liability
In no event will Funnel Rolodex LLC’s aggregate liability to ANY USER, FOR ANY REASON, exceed the total amount of Funnel Rolodex FEES collected by Funnel Rolodex LLC FROM THAT USER IN THE PREVIOUS TWELVE (12) MONTHS. In no event will Funnel Rolodex LLC’s aggregate liability to ANY SERVICE PROVIDER, FOR ANY REASON, exceed the total amount of Funnel Rolodex FEES collected by Funnel Rolodex LLC BASED ON USERS’ PURCHASES OF THAT SERVICE PROVIDER’S SERVICES IN THE PREVIOUS TWELVE (12) MONTHS. IN NO EVENT SHALL Funnel Rolodex LLC BE LIABLE TO ANY USER, SERVICE PROVIDER, OR ANY OTHER PERSON FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO Funnel Rolodex, INCLUDING BUT NOT LIMITED TO DAMAGES RELATED TO LOST DATA, LOST BUSINESS, OR LOST PROFITS, HOWEVER ARISING, EVEN IF Funnel Rolodex LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. Funnel Rolodex LLC IS NOT RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSIONS OR DATA OR FOR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED. Funnel Rolodex LLC IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY (INCLUDING WITHOUT LIMITATION ANY USER OR SERVICE PROVIDER), OR ANY INFRINGEMENT BY A THIRD PARTY OF ANOTHER’S INTELLECTUAL PROPERTY, PRIVACY OR OTHER RIGHTS.
12. Force Majeure.
Funnel Rolodex LLC will not be responsible to You for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of Funnel Rolodex LLC. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. Funnel Rolodex LLC shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.
13. Funnel Rolodex LLC Disclaimer and User-Service Provider Disputes
Funnel Rolodex LLC EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF THE ACTIVITIES OF ANY SERVICE PROVIDER. USER HEREBY AGREES:
- Funnel Rolodex LLC IS NOT A PARTY TO ANY CONTRACTS BETWEEN A USER AND A SERVICE PROVIDER.
- Funnel Rolodex LLC DOES NOT CONTROL OR DIRECT ANY SERVICE PROVIDER.
- Funnel Rolodex LLC MERELY MAKES Funnel Rolodex AVAILABLE TO ENABLE USERS TO IDENTIFY AND DETERMINE THE SUITABILITY OF SERVICE PROVIDERS.
- USER WILL BRING ANY CLAIMS FOR LOSSES AGAINST THE SERVICE PROVIDER DIRECTLY, AND NOT AGAINST Funnel Rolodex LLC.
- ANY INFORMATION ABOUT A SERVICE PROVIDER THAT Funnel Rolodex LLC HAS WILL BE SUCH INFORMATION AS THE SERVICE PROVIDER HAS SUBMITTED TO Funnel Rolodex, AND Funnel Rolodex LLC CANNOT GUARANTEE THE ACCURACY OF ANY SUCH INFORMATION.
- THE MERE FACT THAT A SERVICE PROVIDER IS LISTED ON Funnel Rolodex DOES NOT CONSTITUTE AN ENDORSEMENT, OR RECOMMENDATION OF THE SERVICE PROVIDER BY Funnel Rolodex LLC.
- USER WILL RELEASE Funnel Rolodex LLC FROM ANY LIABILITY ASSOCIATED WITH USER’S USE OF Funnel Rolodex OR PURCHASE OF ANY SERVICES FROM ANY SERVICE PROVIDER.
- ANY OPINIONS, ADVICE, OR INFORMATION EXPRESSED BY ANY SERVICE PROVIDER ARE THOSE OF THE INDIVIDUAL SERVICE PROVIDER ALONE AND THEY DO NOT REFLECT THE OPINIONS OF Funnel Rolodex LLC.
SERVICE PROVIDERS ACKNOWLEDGE AND AGREE THAT Funnel Rolodex LLC MAY PROVIDE INFORMATION ABOUT SERVICE PROVIDER TO USERS, INCLUDING BUT NOT LIMITED TO SERVICE PROVIDER’S CONTACT INFORMATION.
User and Service Provider agree that all claims for refunds are to be resolved between them. You both agree that Funnel Rolodex LLC shall not be liable for any refunds and hereby release Funnel Rolodex LLC for any and all refund claims.
In the event of a chargeback Funnel Rolodex LLC will notify the Service Provider immediately and the transaction shall be immediately cancelled. If We believe that a User has participated in a fraudulent chargeback we will pursue our claims against the User to the fullest extent allowed by law.
A. User agrees to defend, indemnify and hold harmless Funnel Rolodex LLC and its respective officers, directors, shareholders, employees, agents and affiliates from and against any and all loss, liability, claim, lawsuit, arbitration, award, judgment, settlement, cost and expense, including reasonable attorneys’ fees and expert witness fees, arising out of User’s breach of these Terms, or User’s conduct in connection with, or in any way related to, Funnel Rolodex.
B. Service Provider agrees to defend, indemnify and hold harmless Funnel Rolodex LLC and its respective officers, directors, shareholders, employees, agents and affiliates from and against any and all loss, liability, claim, lawsuit, arbitration, award, judgment, settlement, cost and expense, including reasonable attorneys’ fees and expert witness fees, arising out of Service Provider’s breach of these Terms, or Service Provider’s conduct in connection with, or in any way related to, Funnel Rolodex.
If You have any questions or complaints concerning any of the Terms, You may contact Us by email at [email protected], or by regular mail at 3443 W. Bavaria St., Eagle, Idaho 83616. California residents, under California Civil Code Section 1789.3, may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
18. Digital Millennium Copyright Act
If any person believes that materials or content available on Funnel Rolodex infringes any copyright owned by such person, such person may send Funnel Rolodex LLC a notice requesting that Funnel Rolodex LLC remove the materials or content from Funnel Rolodex. If any Service Provider believes that someone has wrongly filed a notice of copyright infringement against the Service Provider, the Service Provider may send Funnel Rolodex LLC a counter-notice. Notices and counter-notices should be sent to Funnel Rolodex LLC, Attention Legal Department, at 3443 W. Bavaria St., Eagle, Idaho 83616, or by e-mail to [email protected].
19. Changes to Terms
Funnel Rolodex LLC reserves the right to change these Terms, in whole or in part, from time to time at Funnel Rolodex LLC’s sole and absolute discretion, and to provide You with notice of such change by any reasonable means, including without limitation posting revised Terms on Funnel Rolodex. Your continued use of Funnel Rolodex shall indicate acceptance of such changes, which shall be binding upon You.
If any Term set forth herein is deemed unenforceable under any applicable law, the remaining Terms shall remain in full force and effect and these Terms shall be read, collectively, as if the unenforceable Term(s) were omitted.
A. ASSIGNMENT. You may not assign, transfer or sublicense any of Your rights or obligations under these Terms.
B. WAIVER. No waiver by Funnel Rolodex LLC of any breach or default of these Terms will be deemed to be a waiver of any preceding or subsequent breach or default.
C. HEADINGS. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
D. ENTIRE AGREEMENT. These Terms, together with all agreements and statements referred to herein and incorporated herein by reference, is the entire agreement between You and Funnel Rolodex LLC relating to Funnel Rolodex, and, except as otherwise provided herein, supersedes any and all prior or contemporaneous written or oral agreements or understandings between You and Funnel Rolodex LLC relating to Funnel Rolodex.
E. NOTICE. Notices to You may be made by posting a notice (or a link to a notice) on Funnel Rolodex, by e-mail, or by regular mail, at Funnel Rolodex LLC’s discretion.
F. ADMISSIBILITY OF TERMS. You agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or arbitration or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, provisions related to: non-circumvention, taxes, independent contractor status, no license to Funnel Rolodex LLC marks, warranty disclaimers, arbitration and dispute resolution, limitation of liability, Funnel Rolodex LLC disclaimer, refunds, and indemnification.