FRUGOBee TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS FRUGOBEE WEB SITE. BY ACCESSING OR USING THIS SITE OR SERVICES OR PRODUCTS ON THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS AND CONDITIONS YOU MAY NOT ACCESS OR USE THIS SITE.
CHANGES TO TERMS AND CONDITIONS
WE RESERVE THE RIGHT, AT OUR DISCRETION, TO MODIFY, ADD, OR REMOVE PORTIONS OF THESE TERMS AND CONDITIONS AT ANY TIME AND EACH SUCH CHANGE SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING. PLEASE CHECK THESE TERMS AND CONDITIONS PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS AND CONDITIONS WILL MEAN YOU ACCEPT THOSE CHANGES.
FRUGOBEE.COM provides a marketplace for individual and business consumers whom we refer to as “service contractors” to post jobs and work related projects, set their price and search for candidates know as “service providers”, and for service providers to post their resumes and/or profiles to search for jobs through our website (Services). We reserve the right to withdraw or amend the service we provide on our site. We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some part of our site, or our entire site, to users.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
You are responsible for all use of your account and for any information, material and files you post onto the site and we assume no responsibility or liability for such information and reserve the right to reject or remove any information/content for any reason without explanation or liability.
Frugobee makes every effort to maintain a secure website utilizing various measures of security to protect your valuable information. However, by using our website you acknowledge and agree that we are not responsible for security risks resulting from unauthorized access or cyber attacks. To further more eliminate security risk you agree to not share your password and keep all Frugobee account information confidential.
In the event you have not received any related work from the service provider, you may cancel your project by contacting the service provider and our customer support team, stating that you wish to cancel and we will cancel your project.
After cancelling your job with the Service Provider and emailing our customer support team requesting a refund, Frugobee will refund your payment within 48 hours.
We ask that you first try to work out your dispute with you service provider, but in the event there is no resolution. Notify our customer support team and we will place your payment on hold, and attempt to resolve the dispute through contractor negotiations. If after 5 days no resolution has been made. Your dispute will be referred to a profession arbitration team who will attempt to resolve the issue.
If after a maxium of 30 days the dispute is irreconcilable a determination by the arbitration team will be enforced. In the event a service provider does not reply to a disputed claim or is unable to comply with Illinois professional arbitration laws, rules and regulations. The service contractor aka “buyer” will receive a full refund. All parties are responsible for applicable fee’s and costs of arbitration services.
Arbitration will be conducted according to commercial arbitration rules regulated by the American Arbitration Association.
Cook County Mandatory Arbitration
Circuit Court of Cook County
50 West Washington Street, Room 2600
Richard J. Daley Center
Chicago, IL 60602
(312)603-6000 MAIN OFFICE
You are responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post or otherwise make available on or through the Site and/or the Services (each a “Submission”). You may not upload, post or otherwise make available on the Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Submission that you make. You have full responsibility for each Submission you make, including its legality, reliability and appropriateness.
You hereby grant to FRUGOBEE a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sub-license through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare compilations and derivative works of, publish, transmit and distribute your User Content, or any portion thereof, and to publish, transmit, distribute and sell compilations and derivative works of your User Content, in any form, medium or distribution method now known or hereafter existing, known or developed. FRUGOBEE may modify or adapt your User Content in order to transmit, display or distribute them over computer networks and in various media and/or make changes to your User Content as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any User Content posted by you to or through the Site. When you provide User Content you agree that such User Content shall not be in violation of the “Restricted Activities” paragraph below. Those prohibitions do not require FRUGOBEE to monitor, police or remove any User Content or other information submitted by you or any other user
You agree not to use the Site to: (a) violate or encourage the violation of any local, state, national, or international law; (b) stalk, harass, or harm another individual; (c) collect or store personal data about other users of our Site; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (e) interfere with or disrupt the Site or services or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site. You agree not to use the Site to send any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, racially offensive, or otherwise objectionable, as determined by FRUGOBEE in its sole discretion.
You agree that when using our services you will not:
- Plagiarize the works of others.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. This includes the posting of identifying or contact information of others without their consent.
- Upload any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Restrict or inhibit any other user from using and enjoying our Services.
- Violate any applicable laws or regulations.
- Provide any content that encourages a criminal offense or violates the rights of any party.
Without our written consent, you may not: (i) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose, any portion of the Site, use of the Site, or access to the Site; (ii) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam); (iii) use any high volume, automated, or electronic means (including without limitation robots, spiders, scripts, or other automated device) to access the Site or monitor or copy our Web pages or the content contained thereon; (iv) deep link to the Site for any purpose; or (d) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages.
FRUGOBEE provides a venue for business and individual consumers to post jobs and search for candidates, and for candidates to post qualifications and search for jobs. FRUGOBEE is not involved in the actual transaction between employers/recruiters and candidates. As a result, FRUGOBEE has no control over User Content, or the quality, safety, or legality of jobs or resumes posted and makes no representations about any jobs, resumes or User Content. FRUGOBEE shall not be responsible for any employment decisions, for whatever reason, made by any entity in connection with jobs posted on or through the Site. You acknowledge and agree that you are solely responsible for the accuracy, form and substance of any of your User Content. You further acknowledge and agree that you are responsible for evaluating any Materials (including but not limited to job postings) and that FRUGOBEE shall not be responsible for your career decisions.
FRUGOBEE controls and operates the Site from its headquarters in the United States of America, and the Materials may not be appropriate or available for use in other locations. If you use the Site outside the United States of America, you are responsible for following applicable local laws.
By registering for an account with FRUGOBEE, you become a “Member” with access to certain password-restricted areas of the Site and certain Services and Materials offered on and through the Site (a ” Membership”). Each Membership and the rights and privileges provided to a Member are free, personal and non-transferable.
MEMBERSHIP ELIGIBILITY AND INFORMATION
- Our services are not available to, and may not be used by, persons under the age of 18 years. If you are under 18 years old, you can use this service only in conjunction with and under the supervision of a parent or guardian.
- You agree to keep your membership information, including email address, residential address, and telephone number, current at all times.
- You agree not to allow any other person to use the FRUGOBEE.COM website using your account and Member Name.
FRUGOBEE respects the intellectual property rights of others, and we ask you to do the same. FRUGOBEE may, in appropriate circumstances and at our discretion, terminate service and/or access to the Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide FRUGOBEE’s designated agent the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted and/or trademarked work claimed to have been infringed.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit FRUGOBEE to locate the material.
- Information reasonably sufficient to permit FRUGOBEE to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
FRUGOBEE’s agent for notice of claims of copyright or trademark infringement on the Site and the App can be reached as follows:
332 S. Michigan Ave. STE 1032 #F489
Chicago, IL 60604
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Submitting a DMCA Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to FRUGOBEE designated agent that includes all of the following information:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or mistaken identification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which FRUGOBEE may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Termination of Repeat Infringes
FRUGOBEE reserves the right, in its sole discretion, to terminate the account or access of any user of our web App and/or Service who is the subject of repeated DMCA or other infringement notifications.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FRUGOBEE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANT-ABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO THE SITE OR THE FRUGOBEE.COM CONTENT.
FRUGOBEE MAKES NO WARRANTY THAT THE SERVICES PROVIDED ON THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES FRUGOBEE MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF THE FRUGOBEE.COM CONTENT OR THAT DEFECTS IN THE SITE OR THE FRUGOBEE.COM CONTENT WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. You understand that there will be a service fee of 15% collected, from each closed transaction as our fee to provide this platform.
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL FRUGOBEE OR ITS OFFICERS, EMPLOYEES, DIRECTORS, AFFILIATES, PARTNERS, AGENTS, ADVISORS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE FRUGOBEE.COM CONTENT, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, WARRANTY, STATUTE OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE. The aggregate liability of FRUGOBEE to you for all claims arising from or related to the Site or the FRUGOBEE.com Content is limited to the lesser of the fees paid by you to FRUGOBEE for services provided on the Site.
EXCLUSIONS & LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
OWNERSHIP AND INTELLECTUAL PROPERTY
FRUGOBEE.COM do not however claim ownership of any content you post onto the site which shall remain your property, however by posting content onto this site you hereby grant us a non-exclusive royalty free license to use, modify, delete, reproduce and distribute such content for the purposes of operating this site. You hereby represent that any content you post is owned by you or otherwise you have the right to grant the aforesaid license and that any content does not violate the intellectual property rights of any third party.
LINKS TO OTHER SITES
We suggest that you exercise discretion while browsing the Internet using this site. You should be aware that when you are on this site, you could be directed to other sites that are beyond our control. There are links to other sites from FRUGOBEE.com pages that take you outside of our service. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on this site may send cookies to users that we do not control. Use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. We make no representations concerning the content of any such third party sites. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites linked to this site. FRUGOBEE is not responsible for the contents of third parties available to this site. FRUGOBEE is not responsible for any purchase of third party products posted on this site.
We reserve the right to disable links from third party sites to this site.
You are entirely responsible for maintaining the confidentiality of your password and account and for all activities that occur under your account. You agree to indemnify, defend and hold FRUGOBEE and its affiliates and their respective officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all claims, demands, liabilities, costs and/or expenses whatsoever (including without limitation reasonable legal fees disbursements) arising out of or resulting, directly or indirectly, from: (a) your breach of these Terms and Conditions; (b) your access to or use of this site or any web site to which this site is or may be linked from time to time; (c) your use of, reliance on, or publication, communication or distribution of anything on or from this site; and/or (d) your violation of any law, rule or regulation. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
TERMINATION OF ACCOUNT
FRUGOBEE shall have the right to immediately terminate a user’s account in the event of any conduct by a user which FRUGOBEE, in its sole discretion, considers to be unacceptable, or in the event of any breach by a user of these Terms and Conditions.
The Terms constitute the entire and exclusive and final statement of the agreement between you and FRUGOBEE with respect to the subject matter hereof, and govern your use of the Site, superseding any prior agreements or negotiations between you and FRUGOBEE with respect to the subject matter hereof. The Terms and the relationship between you and FRUGOBEE shall be governed by the laws of state of Illinois, without giving effect to any principles of conflicts of law. Dispute or claim shall be subject to the exclusive jurisdiction of the Illinois courts. Foreign laws do not apply. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to this Terms. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
FRUGOBEE’s failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found to be invalid by either a court of competent jurisdiction, you and FRUGOBEE nevertheless agree that the court should endeavor to give effect to your and FRUGOBEE’s intentions as reflected in the provision, and that the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.
You can contact us via e-mail by clicking “Contact Us” on any FRUGOBEE.com page or Click Here to send an e-mail directly to email@example.com. Please include information in the e-mail that will help us identify your account so we can assist you with your inquiry or request.
If you need further assistance, please, write us at:
Attention: Consumer affairs department
332 S. Michigan Ave. STE 1032 #F489
Chicago, IL 60604