PLEASE READ THESE TERMS CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, AND/OR OTHERWISE USING THE FOR ALL MY BOYS SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT ACCESS, BROWSE OR OTHERWISE USE THE PLATFORM OR THE YOUR COMPANY NAME SERVICES.
For All My Boys may, in its sole discretion, elect to suspend or terminate access to, or use of the For All My Boys services to anyone who violates these Terms.
The use of the For All My Boys services is subject to acceptance of these Terms. If you are entering into these Terms on behalf of an entity, such as the company you work for, you represent that you have the legal authority to bind that entity (corporation, limited liability company, partnership, etc.). To accept these Terms for itself or on behalf of a Client, a person must be at least 18 years of age or have valid authorization from his/her legal representative or custodian. In the case of a legal entity, the entity must be duly incorporated/organized and be in good standing in its state/country of registration/origin (creation).
The Terms are accepted as soon as one of the following occurs first:
- the person has received the confirmation of the creation of the Account and necessary credentials from For All My Boys in order to log in to his/her/its Account; or
- for those For All My Boys services and parts of the Web Site the use of which is not dependent on creating an Account, upon the moment of gaining access to such services.
You may not, without For All My Boys’ prior written consent, access the For All My Boys services (i) for production purposes, (ii) if you are a competitor of For All My Boys, (iii) to monitor the availability, performance or functionality of the For All My Boys services or (iv) for other benchmarking or competitive purposes.
Once accepted, these Terms remain effective until terminated as provided for herein.
Modifications to Terms
Your Company Name reserves the right, at its sole discretion, to change, modify, add, or remove portions of the Terms at any time by posting such changes on or through the Platform or the For All My Boys services. Please check these Terms periodically for changes. Your continued use of the For All My Boys services after such changes have been posted as provided above constitutes your binding acceptance of such changes. Such amended Terms will automatically be effective upon the earlier of (i) your continued use of the For All My Boys services, or (ii) 30 days from posting of such modified Terms on or through the Platform. Notwithstanding the foregoing, the resolution of any dispute that arises between you and Your Company Name will be governed by the Terms in effect at the time such dispute arose.
Protection of Client Data
For All My Boys will maintain administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of identifying Client Data. Those safeguards will include, but will not be limited to, measures for preventing access, use, modification or disclosure of Client Data by For All My Boys personnel except (a) to provide the For All My Boys services and prevent or address service or technical problems, (b) as compelled by law in accordance with Section Compelled Disclosure below, or (c) as a Client or User expressly permit in writing.
For All My Boys may use service providers to perform the services. For All My Boys will make commercially reasonable efforts to ensure that data transfers to service providers meet requirements applicable to Clients’ processing of data and will provide information on such data transfers in these Terms for Client’s consideration.
Uploading Client Data to Platform
If the Client uploads Client Data to the Platform, such Client Data and any processing of such Client Data must be in compliance with these Terms and applicable law. All rights, title and interest in and to the Client Data belong to the Client or third persons (including Users, persons and Organizations) whether posted and/or uploaded by you or made available on or through the For All My Boys services by For All My Boys. By uploading Client Data to the Platform, Client authorizes For All My Boys to process the Client Data. The Client is responsible for ensuring that:
- the Client and any of the Users associated with the Account do not create, transmit, display or make otherwise available any Client Data that violates the terms of these Terms, the rights of For All My Boys, other Clients or Users, persons or Organizations or is harmful (for example viruses, worms, malware and other destructive codes), offensive, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, invasive of another’s privacy, hateful or otherwise unlawful; and
- the Client and all of the Users associated with the Account have the necessary rights to use the Client Data, including to insert it into the Platform and process it by means of the Account.
No Guarantee of Accuracy
For All My Boys does not guarantee any accuracy with respect to any information contained in any Client Data, and strongly recommends that you think carefully about what you transmit, submit or post to or through the For All My Boys services. You understand that all information contained in Client Data is the sole responsibility of the person from whom such Client Data originated. This means that Client, and not For All My Boys, is entirely responsible for all Client Data that is uploaded, posted, transmitted, or otherwise made available through the For All My Boys services, as well as for any actions taken by the For All My Boys s or other Clients or Users as a result of such Client Data.
Unlawful Client Data
For All My Boys is not obliged to pre-screen, monitor or filter any Client Data or acts of its processing by the Client in order to discover any unlawful nature therein. However, if such unlawful Client Data or the action of its unlawful processing is discovered or brought to the attention of For All My Boys or if there is reason to believe that certain Client Data is unlawful, For All My Boys has the right to:
- notify the Client of such unlawful Client Data;
- deny its publication on the Web Site or its insertion to the System;
- demand that the Client bring the unlawful Client Data into compliance with these Terms and applicable law;
- temporarily or permanently remove the unlawful Client Data from the Web Site or Account, restrict access to it or delete it.
If For All My Boys is presented convincing evidence that the Client Data is not unlawful, For All My Boys may, at its sole discretion, restore such Client Data, which was removed from the Web Site or Account or access to which was restricted.
In addition, in the event For All My Boys believes in its sole discretion Client Data violates applicable laws, rules or regulations or these Terms, For All My Boys may (but has no obligation), to remove such Client Data at any time with or without notice.
Without limiting the generality of the preceding sentence, For All My Boys complies with the Digital Millennium Copyright Act, and will remove Client Data from the Platform upon receipt of a compliant takedown notice.
For All My Boys may disclose a Client’s confidential information to the extent compelled by law to do so. In such instance, For All My Boys will use commercially reasonable efforts to provide Client with prior notice of the compelled disclosure (to the extent legally permitted) and Client shall provide reasonable assistance, at its cost, if Client wishes to contest the disclosure. If For All My Boys is compelled by law to disclose Client’s confidential information as part of a civil proceeding to which For All My Boys is a party, and Client is not contesting the disclosure, Client will reimburse For All My Boys for its reasonable cost of compiling and providing secure access to that confidential information.
Client and its authorized Users may use the For All My Boys services and any part or element thereof only in the scope, with the means and for purposes as identified in these Terms and applicable law. By way of example, neither the Client nor any User may:
- use the For All My Boys services or any part or element thereof to commit a crime, breach any applicable law or entice or invite others to carry out such illegal actions;
- copy, duplicate, distribute, modify, adapt, hack, create derivative works, reverse engineer or decompile the For All My Boys services or any part or element thereof, or attempt to extract the source code thereof, unless (i) it is expressly allowed under applicable law, and (ii) to the extent that the For All My Boys is not permitted by that applicable law to exclude or limit the foregoing rights;
- use the For All My Boys services or any part or element thereof unless it has agreed to these Terms.
For All My Boys’ Intellectual Property Rights in the For All My Boys services
The For All My Boys services, For All My Boys Materials, For All My Boys trade names and trademarks, and any parts or elements thereof are solely and exclusively owned and operated by For All My Boys and its third party vendors and hosting partners. For All My Boys Materials are protected by copyright, trade dress, patent, trade secrets, and trademark laws, international conventions and treaties, and all other relevant intellectual property and proprietary rights laws. For All My Boys, its affiliates and licensors retain all right, title and interest in such For All My Boys services, For All My Boys Materials, For All My Boys trade names and trademarks, and any parts or elements. Your use of the For All My Boys services and For All My Boys Materials, and any parts or elements does not grant to you any ownership right or intellectual property rights therein. Any commercial or promotional distribution, publishing or exploitation of the For All My Boys Materials is strictly prohibited unless you have received the express prior written permission from For All My Boys or the otherwise applicable rights holder. For All My Boys reserves all rights to the For All My Boys Services, For All My Boys Materials and For All My Boys trade names and trademarks not expressly granted in the Terms.
Content Owned by For All My Boys
Subject to these Terms and the payment of the applicable service Fee, For All My Boys grants Client and its authorized users a non-exclusive, non-transferable, non-sub-licensable license to download a single copy of any part of the Content solely for your personal, non-commercial use if you retain all copyright and proprietary notices that are contained in such part of the Content. You expressly acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Platform or the For All My Boys services. You shall not copy, distribute or publish any Content or any information obtained or derived therefrom except as permitted on or through the For All My Boys services or as otherwise permitted by applicable law. For All My Boys also owns all aggregated, non-identifying data collected and created from Client Data and other industry sources.
For All My Boys may use Client Data in an aggregated or anonymized format for research, educational, aggregating industry data for analysis, creating analytics, and developing software functions and features and business broker industry benchmarking. For All My Boys may use and develop aggregated data on and for its own account, in concert with other service providers or its affiliates and partners, or for use solely by such other service providers.
- For All My Boys may not otherwise use or display identifying Client Data without Client’s written consent. For All My Boys respects your right to exclusive ownership of your Client Data. Unless specifically permitted by you, your use of the For All My Boys services does not grant For All My Boys the license to use, reproduce, adapt, modify, publish or distribute the identifying Client Data created by you or stored in your Account for For All My Boys’ commercial, marketing or any similar purpose. Client expressly grants For All My Boys the right to use and analyze aggregate system activity data associated with use of the For All My Boys Services by Client and its Users for the purposes of optimizing, improving or enhancing the way the For All My Boys Services and its affiliate entities operate and the industry data available to users and third parties, and to create new Features and functionality in connection with the For All My Boys services in the sole discretion of For All My Boys. Client or User (as applicable) hereby grants For All My Boys a perpetual, irrevocable, nonexclusive, royalty free license under all rights necessary to incorporate, publish, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform, exploit and use of such aggregated, nonidentifying, anonymous data for any purpose.
- Client is solely responsible for its own Client Data and the consequences of posting or publishing them on or through the For All My Boys service. In connection with Client Data, Client affirms, represents, and warrants that: (i) Client either owns its Client Data or has the necessary licenses, rights, consents, and permissions to use and authorize the For All My Boys’ to display or otherwise use the Client Data under all patent, trademark, copyright, trade secrets, or other proprietary rights in and to your Client Data in a manner consistent with the intended Features and functionality of the For All My Boys services and these Terms, and to grant the rights and license set forth in Section 11.3(a), and (ii) Client Data, For All My Boys’ or any For All My Boys Licensee’s use of such Client Data pursuant to these Terms, and For All My Boys’ or any For All My Boys Licensee’s exercise of the license rights set forth in Section 11.3(a), do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) violate any applicable law or regulation anywhere in the world; or (c) require obtaining a license from or paying any fees and/or royalties by For All My Boys to any third party for the performance of any For All My Boys services Client has chosen to be performed by For All My Boys or for the exercise of any rights granted in these Terms, unless Client and For All My Boys otherwise agree.
If Client or a User provides For All My Boys with any comments, bug reports, feedback, or modifications for the For All My Boys services (“Feedback”), For All My Boys shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the For All My Boys services.
Client or User (as applicable) hereby grants For All My Boys a perpetual, irrevocable, nonexclusive, royalty free license under all rights necessary to incorporate, publish, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform, exploit and use your Feedback for any purpose. For All My Boys shall have the right to modify or remove any Feedback provided in the public areas of the Web Site if the For All My Boys deems, at its discretion, harmful, offensive, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, invasive of another’s privacy, hateful or otherwise unlawful.
Third-Party Sites, Products and Services
The For All My Boys services may include links to other websites or services (“Linked Sites”) solely as a convenience to Clients. Unless otherwise specifically and explicitly indicated, For All My Boys does not endorse any such Linked Sites or the information, material, products, or services contained on or accessible through Linked Sites. Furthermore, For All My Boys makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.
Any content referred to as community provided is provided by third parties and not developed or maintained by For All My Boys. By using any community marked code or libraries in your software development, you acknowledge and agree that For All My Boys is not in any way responsible for the performance or damages caused by such community provided code or library.
Disclaimers; No Warranty
UNLESS OTHERWISE EXPRESSLY STATED BY FOR ALL MY BOYS, THE FOR ALL MY BOYS, FOR ALL MY BOYS MATERIAL, AND ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE FOR ALL MY BOYS SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FOR ALL MY BOYS AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, CORRECTNESS, ACCURACY, AND RELIABILITY.
UNLESS OTHERWISE EXPRESSLY STATED BY FOR ALL MY BOYS, FOR ALL MY BOYS AND ITS AFFILIATES DO NOT WARRANT THAT THE YOUR COMPANY NAME SERVICES AND ANY CONTENT, CLIENT DATA SERVICES, OR FEATURES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE FOR ALL MY BOYS SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE FOR ALL MY BOYS SERVICES AND ANY CONTENT, CLIENT DATA, SERVICES, OR FEATURES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE FOR ALL MY BOYS SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
UNLESS OTHERWISE EXPRESSLY STATED BY FOR ALL MY BOYS, FOR ALL MY BOYS AND ITS AFFILIATES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PLATFORM, THE FOR ALL MY BOYS SERVICES, FOR ALL MY BOYS MATERIAL OR ANY LINKED SITES, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
THE LAWS OF CERTAIN COUNTRIES AND STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify and hold harmless For All My Boys and its affiliates, and their respective directors, officers, employees and agents, from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the For All My Boys services, For All My Boys Materials, representations made to the For All My Boys, its affiliates and/or third parties, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. For All My Boys reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify For All My Boys, and you agree to cooperate with such defense of these claims.
Limitation of Liability
For All My Boys shall not be liable to the Client or User for any consequences resulting from:
- any modifications in these Terms, calculation and rates of Fees, the For All My Boys services, For All My Boys Material, or any part or element thereof (including but not limited to Account), including any error, permanent or temporary interruption, discontinuance, suspension or other type of unavailability of the For All My Boys services or For All My Boys Material;
- deletion of, corruption of, or failure to store any Client Data;
- use of Client Data by the Client or any of the Users associated with the Account;
- upgrading or downgrading the current Plan;
- any disclosure, loss or unauthorized use of the login credentials of Client or any authorized User due to Client’s failure to keep them confidential;
- the Client’s use of the Account or the For All My Boys services by means of browsers other than those accepted or supported by the For All My Boys;
- the application of any remedies against the Client or authorized Users by the For All My Boys, for example if the Client or User has committed a crime or conducted a breach of applicable law by using the For All My Boys services or any part or element thereof;
- the differences between technologies and platforms used for access, for example if certain Features, functions, parts or elements of the For All My Boys services are designed for use on a personal computer or laptop and do not function on a mobile platform or a tablet; and/or
- the For All My Boys’ application of the remedies described in these Terms, even if the reasonable grounds or legal basis for the application of these remedies turned out to be unfounded or invalid afterwards.
In addition, For All My Boys and its affiliates shall not be liable to the Client for any claim by any User, person, Organization or third persons against the Client arising out of the Client’s failure to:
- provide For All My Boys with accurate information about the Client, Users or Account;
- notify For All My Boys of any reasons due to which a User does not have the right to use the Account on behalf of the Client;
- provide any Products which it has agreed to provide to such a person or Organization (whether such failure arises as a result of For All My Boys’ negligence, breach of these Terms or otherwise);
- ensure the lawfulness of the Client Data;
- obtain the necessary rights to use the Client Data; or
- abide by any of the restrictions described in these Terms.
Limitation of Liability
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FOR ALL MY BOYS AND ITS AFFILIATES ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE TOTAL AMOUNT PAID BY CLIENT HEREUNDER FOR THE FOR ALL MY BOYS SERVICES GIVING RISE TO THE LIABILITY IN THE SIX MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE.
THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, BUT WILL NOT LIMIT CLIENT’S PAYMENT OBLIGATIONS UNDER THE “PAYMENT” SECTION ABOVE.
Exclusion of Consequential and Related Damages
IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS FOR ANY LOST PROFITS, REVENUES, GOODWILL, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF A PARTY’S OR ITS AFFILIATES’ REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE.
THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
Termination of These Terms
These Terms may be terminated for convenience in the following situations;
- by the Client any time by contacting Hi@TakingCareofBusinessLikeAGirl.com or For All My Boys, 1485 Howard Road, #64473, Rochester, NY 14624, and we process the refund and terminate the account; or if the client is paying for the Service via a Reseller, by means agreed upon between the Client and the Reseller;
- by For All My Boys upon decision to end provision of the For All My Boys services and close the Platform; or
- immediately by either party, if proceedings are initiated for the other party’s liquidation or insolvency or a negotiated settlement with the other party’s creditors is concluded or an assignment is made on behalf of the other party for the benefit of creditors.
These Terms may be terminated for default upon written notice to the other party as indicated in the “Notice” Section below:
- by either party in case of breach of these Terms by the other party, if the breach has not been cured within 30 days of receipt of a notice from the non-breaching party; or
- immediately by either party if the other party breaches its obligations, as applicable under Sections Intellectual Property Rights, Indemnification, or Restrictions of these Terms.
Effect of Termination
Upon termination of these Terms,
- For All My Boys shall deactivate and permanently delete the Account, within three months of the effective date of termination of these Terms. If the Client has specifically requested for an earlier deletion of the Account, For All My Boys shall fulfill such request within 1 month of its receipt of such request.
- Client must:
- stop using and prevent the further usage of the For All My Boys services, including, without limitation, the Platform;
- pay any amounts owed to For All My Boys under these Terms; and
- discharge any liability incurred by the Client before under these Terms prior to their termination; and
If For All My Boys terminates these Terms as a result of an uncured breach by a Client or User, For All My Boys is entitled to use the same or similar remedies against any other persons who use the For All My Boys services in conflict with these Terms. Notwithstanding the foregoing, For All My Boys may also apply any other remedies available to it under the applicable law. Upon application of any remedies, the Client or User may lose Access or suffer a loss of certain Features, functions, parts or elements of the For All My Boys services.
If For All My Boys has reasonable grounds to believe that the Client’s or User’s use of the For All My Boys services, including the Account may harm any third persons, For All My Boys has the right to take adequate measures under its control to prevent, stop and eliminate the harm, where possible, in order to protect those third persons.
The For All My Boys has the right to suspend access to all or any part of the Service, including removing Content, at any time for violation of this Agreement or to protect the integrity, operability, and security of the Service, effective immediately, with or without notice. Unless prohibited by law or legal process or to prevent imminent harm to the Service or any third party, For All My Boys typically provides notice in the form of a banner or email on or before such suspension. For All My Boys will, in its discretion and using good faith, tailor any suspension as needed to preserve the integrity, operability, and security of the Service.
Who You Are Contracting With
The company with whom Client is contracting is For All My Boys. Its complete contact information is provided below:
For All My Boys
1485 Howard Road, #64473
Rochester, NY 14624
Email address: Hi@TakingCareOfBusinessLikeAGirl.com
Governing Law and Jurisdiction
In the event of a dispute, controversy or claim arising out of or in relation to these Terms, including but not limited to the formation, validity, breach or termination thereof, the parties shall attempt to solve the matter amicably in mutual negotiations. In the event a mutually acceptable resolution cannot be reached within a reasonable time, either party will be entitled to seek all available remedies, including legal remedies subject to the terms and conditions set forth below. Notwithstanding the foregoing and subject to the terms and conditions set forth below, either party may seek injunctive relief with respect to any disputed matter to the extent possible under applicable law. Should an amicable settlement between parties not be possible, the dispute shall be finally solved in court or by arbitration as designated herein subject to the terms and conditions set forth below. The United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention of 1980) shall not be applied to these Terms. Any questions relating to these Terms which are not expressly or implicitly settled by the provisions contained in these Terms shall be governed by and construed in accordance with the laws of the State of New York. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in New York, New York, using the English language in accordance with the Arbitration Rules and Procedures of JAMS then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in New York, New York. Use of the For All My Boys services is not authorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation, this section.
We each agree that we shall bring any dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, we each agree that disputes shall be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator does not have the power to vary these provisions.
If any part of this provision is ruled to be unenforceable, then the balance of this provision shall remain in full effect and construed and enforced as if the portion ruled unenforceable were not contained herein.
Use of the For All My Boys services is not authorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation, this section.
Notwithstanding the foregoing, you and the For All My Boys’ agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either party’s right to (i) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (ii) seek injunctive relief in a court of law, or (iii) to file suit in a court of law to address intellectual property infringement claims.
Relationship of the Parties
The parties will act solely as independent contractors. These Terms shall not be construed as creating an agency, partnership, joint venture, fiduciary duty, or any other form of legal association between the Client and either For All My Boys, and the Client shall not represent to the contrary, whether expressly, by implication, appearance or otherwise. These Terms are not for the benefit of any third parties.
If any term, condition or provision of these Terms is held to be invalid, unenforceable or illegal in whole or in part for any reason, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties. The validity and enforceability of the remaining terms, conditions or provisions, or portions of them, shall not be affected.
These Terms are the entire agreement between Client and For All My Boys regarding Client’s use of the For All My Boys services and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. Except as otherwise provided herein, no modification, amendment, or waiver of any provision of these Terms will be effective unless in writing and signed by the party against whom the modification, amendment or waiver is to be asserted.
Client may not, directly or indirectly, in whole or in part, by operation of law or otherwise, assign or transfer these Terms or delegate any of its rights and/or obligations under these Terms without For All My Boys’ prior written consent. Any attempted assignment, transfer or delegation without such prior written consent will be void and unenforceable. Notwithstanding the foregoing, the Client, or its permitted successive assignees or transferees, may assign or transfer these Terms or delegate any rights or obligations hereunder without consent: (1) to any entity controlled by, or under common control with the Client, or its permitted successive assignees or transferees; or (2) in connection with a merger, reorganization, transfer, sale of assets or product lines, or change of control or ownership of the Client, or its permitted successive assignees or transferees.
Failure of either Party to exercise or enforce any provision of or any of its rights under these Terms shall not be deemed a waiver of future enforcement of that or any other provision or right.
Except as otherwise specified in these Terms, all notices related to these Terms will be in writing and will be effective upon (a) personal delivery, (b) the second business day after mailing, or (c), except for notices of termination or an indemnifiable claim (“Legal Notices”), which shall clearly be identifiable as Legal Notices, the day of sending by email. Billing-related notices to you will be addressed to the relevant billing contact designated by you. All other notices to you will be addressed to the relevant Services system administrator designated by you.
Right to Discontinue Services
For My Boys reserves the right to discontinue the website and online course at any time. Should the course have been purchased within the preceeding 12 months, a 50% refund will be provided if the course has not been completed and a 25% discount if the course has been completed.
Should the website and course be discontinued, any purchaser may make a written request for a downloadable copy of the course content will be provided.