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Terms and Conditions

Your Acceptance of the Terms of Use

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

BY PLACING AN ORDER FOR DNA TESTING SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT YOU HAVE LEGAL AUTHORITY TO PURCHASE OUR DNA TESTING SERVICES. ADDITIONALLY, IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU AFFIRM THAT YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN DNA TESTING SERVICES FROM THIS WEBSITE IF YOU DO NOT AGREE TO THESE TERMS OR IF YOU ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS OR SERVICES BY APPLICABLE LAW.

Who We Are 

Welcome to the website operated by FPK Services, LLC (“we”, “us”, “FPK” or “our”). The following terms and conditions (“Terms of Use”), govern your access to and use of the PaternityLab.com website, including any content, functionality and services offered on or through PaternityLab.com (the “Site”) or its affiliated websites, which include but are not limited to: HealthLabs.com, STDcheck.com, and UTItreatment.com, collectively the (“FPK Sites”).

A Summary of and Quick Links to all of the Agreements You Need to Know About

Please read these Terms of Use carefully before you begin using this Site or any FPK Site or before purchasing any DNA testing services (the “Services”) with us. By using this Site or any other FPK Site, you accept and agree to be bound and abide by these Terms of Use in addition to our Privacy Policy, which are incorporated herein by reference. If you do not want to agree to our Terms of Use or our Privacy Policy, you must not access or use this Site or any other FPK Site. Capitalized terms used but not defined in these Terms of Use have the meaning given to them in our other policies (e.g., our Privacy Policy).

Data Privacy, What We Do With Your Information

WE DO NOT SELL YOUR INFORMATION. All information we collect about you, including your visits to the Site are subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy.

Changes to Our Terms 

We may revise and update our terms and conditions from time to time, this may include but is not limited to these Terms of Use and our Privacy Policy. All changes are in our sole discretion and effective immediately when we post them and apply to all access to and use of the Site thereafter. Your continued use or revisitation of the Site following the posting of our revised Terms of Use means that you accept and agree to the updated terms. We need you to review our Terms of Use and Privacy Policy from time to time so you are aware of any changes. All changes will be binding on you. The effective date of our Terms of Use are posted at the top of this page.

Order of Precedence

Certain services on the Site have their own terms and conditions (“User Agreement”). In the event of any conflict between these Terms of Use and any User Agreement, the User Agreement shall control.

Geographic Restrictions

We are based in the United States. We provide the Site and our Services for use only by persons located in the United States. We make no claims or representations that our Services or the Site or any FPK Site or any content on any of the aforementioned is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

No Construction Against Drafter 

These Terms of Use and the terms in our Privacy Policy shall not be construed against us simply because we drafted them.

Specific Terms and Conditions for Testing Services  

Order Acceptance and Cancellation

You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of what you have ordered.

Return Policy for Home Paternity Test Kits

In the event you decide to return your Home Paternity Test Kit, (“the Kit”), for any reason within the first 30 days of purchase, prior to using it; there is a non-refundable 25% restocking fee. In order to be eligible for the refund, you must send your unused Kit back to us using the return label provided in the Kit. Refunds will be issued 7 – 10 business days after receiving your unused Kit back at the lab. If the Kit has been used, refunds are not available due to the sanitary nature of the materials.

Prices

Prices posted on this Site may be different than prices offered by us on other websites. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

Payment Information 

Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. You represent and warrant that (i) the payment information you supply to us is true, correct and complete, (ii) you are duly authorized to use such payment card for the purchase, (iii) charges incurred by you will be honored by your credit card company or lending institution, and (iv) you will pay charges incurred by you at the posted prices regardless of the amount quoted on the Site at the time of your order.

Shipments; Delivery; Title and Risk of Loss

We will arrange for shipment of the products to you. Please understand that the title and risk of loss, of your Testing Kit, passes to the carrier upon the transfer of the Testing Kit to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments caused by the carrier. However in effort to provide great customer service we will work with you and the carrier to assist you in finding your lost Testing Kit and or provide a rerun in the event a sample is damaged or after a reasonable time period and a reasonable search can not be found or it is extremely unlikely to be found. The decision to provide a new Testing Kit, and when to provide a new Testing Kit will be made by us on a case by case basis but we will work with you to find a just and equitable solution. We will take feedback from you and the carrier when making the determination. 

Returns and Refunds

We only offer refunds, credits and or Replacement Kits in the following situations:

DNA Test Results Require More than 2 Reruns.

About 10% of samples are not able to be processed successfully on the first attempt and need to be rerun. If we are unable to produce your DNA reports after 2 attempts, you may cancel your order for a full refund, account credit or request another Replacement Kit.

Delayed Results in Excess of 30 Days 

While we cannot guarantee a specific delivery date, we expect the majority of customers to receive their DNA results within 3 business days of being received at the lab. However in the event our lab is unable to process your request, and such delay is the result of an issue with us, within 30 days of us receiving your sample you may cancel your order for a full refund, account credit or Replacement Kit. Delayed results that are due to carrier issues, i.e., lost or damaged Testing Kits or results that are due to tester issues, i.e., incomplete samples, corroded samples, do not count towards the 30 day period. 

DNA Kit Damaged/Missing Necessary Collection Materials

In the event a Testing Kit arrives damaged or missing collection material. Please contact 1-866-522-1142 so we can send you a Replacement Kit.

Unused DNA Kits

We will refund your purchase price, less the original shipping and handling costs, provided such return is made within 10 days of shipment with valid proof of purchase and provided the Testing Kit is returned unused. To make a return, you must call 1-866-522-1142 or email our Customer Service Team at [email protected].

You are responsible for all shipping and handling charges on returned items unless otherwise specified. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. All returns are subject to a 20% restocking fee.

Refunds are processed within approximately 10 business days of our receipt of the Testing Kit. Your refund will be credited back to the same payment method used to make the original purchase on the Site. 

Accessing the Site and Account Security

We reserve the right to withdraw or amend the Site, and any service we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site or the entire Site or limit the geographical areas where our Services are sold and the types of Services we provide.

To purchase Services from our Site you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that you are honest with all the information you provide, that you provide all known information and that you not use our Services to commit any type of fraud or other illegal activity or permit any other person to commit any type of fraud or illegal activity.  You agree that all information you provide to us including but not limited to through the use of any interactive features on the Site, is governed by these Terms of Use and our Privacy Policy. Additionally, you consent to all actions we take with respect to your information consistent with our Privacy Policy.

You acknowledge that our Services are personal to you and you agree not to provide any other person with access to the Site or portions of it using your information. You agree to notify us immediately of any unauthorized access to or use of your information or any other breach or suspected breach of security. You should use particular caution when accessing your order information and or test results from a public or shared computer so that others are not able to view or record your personal information. We may rely on the authority of anyone accessing your order and or test results using your credentials and in no event and under no circumstances shall we be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction by us under this provision, (ii) any compromise of the confidentiality of your information. We may store, transmit, receive, and/or access your data on or from our own servers or those of our service providers which may be in or outside of the United States.

Intellectual Property Rights

We have intellectual property rights, including but not limited to trademark rights, in this Site and its contents, which includes but is not limited to, all logos, phrases or slogans, text, images, video and audio, and the design, selection and arrangement thereof, and all software that is owned by us, our licensors or other providers of such material and are protected by United States copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. No right, title or interest in or to the Site or any content on the Site is transferred to you, and we reserve all rights not expressly granted herein. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Permitted Uses 

You have a limited right to use the Site for your personal, non-commercial use. You are not authorized to alter, harm, create derivative works of, publicly display, download, store or transmit reproduce, distribute, reverse engineer, place any type of tracking or monitoring which includes but is not limited to: cookies, malware, spyware, plugins, geolocation beacons, without our the express prior written permission from the Legal Department. Requests may be sent to [email protected]. You may not use any of the material on our Site, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your web browser for display enhancement purposes.
  • You may print or download a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication or distribution.
  • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our applicable end user license agreement for such applications.
  • If we provide social media features, such as allowing you to share items you find in our news section through social media links in those posts, you may take such actions as are enabled by such features.
  1. Prohibited Uses
  • You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:
  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate us, our employees, another user.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or other users of the Site or expose us or them to liability.
  • Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other user’s use of the Site, including his or her ability to engage in real time activities through the Site.
  • Modify copies of any materials from the Site;
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text;
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Site; or,
  • Access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
  • Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
  • Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Site.
  • Introduce any viruses, Trojan horses, worms, logic bombs, keystroke logging, or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Site.

Reliance on Information Posted

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Site, or by anyone who may be informed of any of its contents. The Site may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content we provide, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

We Do Not Provide Medical Advice 

The information available on the Site and provided through the Services are not a substitute for professional medical advice. You should always seek the advice of your physician or another licensed health care provider with any questions you may have regarding your health.

Links to other Websites and Resources

If the Site contains links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in social media, advertisements and sponsored links. We have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Site, or from another FPK Site you do so entirely at your own risk and subject to the terms and conditions of use of those third party websites.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that authorized files or content available for downloading from the Site or the internet or from any FPK Site, will be free of viruses, malware or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR FROM YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AT YOUR OWN RISK, AND WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. 

NEITHER WE NOR ANY OF OUR PROVIDERS, PARTNERS OR AFFILIATES, MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, CURRENCY, ACCURACY, AVAILABILITY OR OPERATION OF THE SITE, OR THE INFORMATION OR CONTENT INCLUDED THEREON. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENT OR WARRANT THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE, OUR (AND OUR SERVICE PROVIDERS’) SERVERS, THE CONTENT, OR COMMUNICATIONS SENT FROM OR ON BEHALF OF US ARE FREE OF VIRUSES SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIME BOMBS OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS, EXPECTATIONS, OR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE, ON OUR OWN BEHALF AND ON BEHALF OF OUR AFFILIATES AND OUR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SITE AND THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. IN NO EVENT WILL WE, OUR AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR SITE, OR ANY FPK SITE, OR ANY WEBSITES LINKED TO OUR SITE OR ANOTHER FPK SITE OR ANY CONTENT ON ANY OF THE AFOREMENTIONED, OR ANY SERVICES, INFORMATION, MATERIAL OR ITEMS OBTAINED THROUGH THE AFOREMENTIONED, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, PROPERTY DAMAGE, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, BUSINESS INTERRUPTION, LOSS OF USE, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, COST OF SUBSTITUTE GOODS OR SERVICES, OR COMPUTER FAILURE OR MALFUNCTION.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Limitation on Liability

WE LIMIT OUR LIABILITY TO THE FULLEST EXTENT ALLOWED BY LAW. 

WE WILL NOT BE LIABLE FOR ANY UNINTENTIONAL DAMAGE, ANY ACTUAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, OR FOR ANY LOSS OR CLAIM OF ANY KIND. SOME JURISDICTIONS DO NOT ALLOW US TO HAVE A BROAD LIMIT ON OUR LIABILITY. IF YOU LIVE IN ONE OF THOSE JURISDICTIONS, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH ANY STATEMENT IN THESE TERMS, YOUR SOLE REMEDY IS TO STOP USING THE SITE AND OUR SERVICES. 

OUR TOTAL LIABILITY IN ANY MATTER RELATED TO THE SERVICES OR THESE TERMS IS LIMITED TO THE LESSER OF (I) ONE HUNDRED DOLLARS (U.S. $100.00) OR (II) THE AGGREGATE AMOUNT YOU PAID US FOR SERVICES IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. THIS LIMITATION OF LIABILITY APPLIES FULLY TO RESIDENTS OF NEW JERSEY. 

ADDITIONALLY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, OR ANY OF OUR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE OR THE SERVICES FOR:

  • ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN, THROUGH, OR FROM THE SITE OR THE SERVICES;
  • YOUR FAILURE TO KEEP ACCOUNT INFORMATION SECURE AND CONFIDENTIAL;
  • THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES;
  • THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY; 
  • STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES.

THESE LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OR CAUSE OF ACTION AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR THE SERVICES, OR ANY RELATED SERVICES. THE OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OUR CONTROL. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS, OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, DATA, AND INFORMATION SUBMITTED TO THE SITE.

Indemnification

You agree to defend, indemnify and hold harmless us, our affiliates, licensors and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assignees, from and against any and all claims, liabilities, deficiencies, damages, actions, judgments, settlements, interest, awards, losses, fines, penalties, costs, expenses or fees or any kind (including reasonable attorneys’ fees and costs) arising from or relating to your violation of these Terms of Use, our Privacy Policy, or the terms in our other policies and agreements that you agree to be bound by, your use or misuse of the Site or any other FPK Site, including, but not limited to, any use of the Site’s content, any other FPK Site’s content, our Services other than as expressly authorized, your use of any information obtained from the Site, any content you submit, post to or transmit through the Site or our Services, or, your violation of any third party’s rights, including, but not limited to, intellectual property rights, parental rights, right of privacy, right of publicity and confidentiality.

Termination

You may delete your Account at any time, for any reason by sending an email to [email protected]. We may terminate your use of the Site, your Account and our Services for any or no reason at any time. You understand that termination of your Account will not entitle you to a refund and may involve deletion of your information from our system. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY ACCOUNT TERMINATION THAT RESULTS IN YOUR LOSS OF ACCESS TO THE SITE OR OUR SERVICES. 

DMCA Notification

We respect the rights of intellectual property holders. If you believe that any content on the Site violates your intellectual property rights, you can report such violation to us in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512). In the case of an alleged infringement, please provide the following information:

  • A description of the copyrighted work or other intellectual property that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Site (including the exact URL);
  • An address, a telephone number, and an e-mail address where we can contact you;
  • A statement that you have a good faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;
  • A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf; and,
  • Your electronic or physical signature, or that of the person authorized to act on behalf of the owner of the copyright or other right being infringed.

We may request additional information before we remove allegedly infringing material. You may report a copyright violation by providing the above information to:

Legal Department 

FPK Services, LLC 

Attention: Legal Department 

11150 South Wilcrest Drive

Suite 200 

Houston, Texas 77099

Copy to 

Email: [email protected] 

Governing Law and Jurisdiction

All matters relating to the Site and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Texas regardless of where you access the Site or the Services, and notwithstanding any conflicts of law principles.

Class Action Waiver

Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a collective or class action or in any other proceeding in which either party acts or proposes to act in a representative capacity, and each party hereby waives any right to assert consolidated claims with respect to any disputes subject to arbitration under these Terms of Use or any disputes between the Parties. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining provisions of the arbitration agreement will remain in force. 

Dispute Resolution

In the event of any dispute, claim, controversy, question, or disagreement, collectively referred to as (a “Dispute”), arising from or relating to our Terms of Use, our Site, another FPK Site, our Privacy Policy or our Services, we and you (collectively, the “Parties”) shall use our best efforts to settle the Dispute. To this end, the Parties will negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both Parties. The Parties agree that all such good faith mediation may be held remotely on a date and at a time that is convenient for all Parties. If the Parties do not reach a solution within a period of thirty (30) days, then all Disputes shall be resolved by binding arbitration either remotely or if in person Houston, Texas, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”), subject to the limitations of this section. The Parties will work together to make the forum of the arbitration as convenient as possible for both Parties. This agreement to arbitrate will be enforceable in any court having jurisdiction. The notice of a demand for arbitration shall be filed in writing with the other party hereto and with the AAA. The demand for arbitration shall be made within a reasonable time after the dispute has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such dispute would be barred by the applicable statute of limitations. The Parties agree that one (1) arbitrator shall arbitrate the dispute. The arbitrator shall be selected by the joint agreement of the Parties, but if they do not so agree within twenty (20) days after the date of the notice of a demand for arbitration referred to above, the selection shall be made pursuant to the Commercial Arbitration Rules of the AAA from the panels of business arbitrators maintained by the AAA. The Parties agree that the arbitrator shall have sole authority to decide whether claims brought by either party are subject to this dispute resolution agreement. The decision of the arbitrator shall be made in writing, shall be final, judgment may be entered upon it in any court having jurisdiction thereof, and the decision shall not be subject to vacation, modification or appeal, except to the extent permitted by sections 10 and 11 of the Federal Arbitration Act, the terms of which sections the Parties agree shall apply. The fees charged by the AAA and arbitrator shall be shared equally by the Parties.

Either party may bring a claim related to intellectual property rights, or seek temporary or preliminary specific performance or temporary or preliminary injunctive relief, in any court of competent jurisdiction, without the posting of bond or other security.

Limitation of Time to File Claims

Any action, claim or dispute you have against us must be filed within one year, unless prohibited by applicable law. To the extent permitted by law, any claim or dispute under these Terms of Use, our Privacy Policy or the use of any of our Services must be filed within one year in an arbitration proceeding. The one-year period begins when the claim or notice of dispute first could be filed. If a claim or dispute is not filed within one year, it is permanently barred.

Relationship of the Parties 

Unless otherwise expressly provided for in writing, neither you or FPK will hold yourself out as in any way sponsored by, endorsed by, in partnership or venture with, nor as an employee or employer of the other, which includes each parties’ affiliates and service providers. 

Entire Agreement

These Terms of Use and our Privacy Policy, you have consented to constitute the entire agreement between you and us with respect to the Site and supersedes all prior and contemporaneous agreements, whether written or oral, with respect thereto. No failure to exercise, and no delay in exercising, on the part of you or us, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these Terms of Use and any other terms, the terms of these Terms of Use shall govern. If any provision of these Terms of Use is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms of Use will continue in full force and effect. The headings of sections and paragraphs in these Terms of Use are for convenience only and shall not affect their interpretation.

Your Comments and Concerns

This website is operated by FPK Services, LLC. All feedback, comments, requests for technical support and other communications relating to the Site should be directed to [email protected] 

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