California subscribers: You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. If you subscribed using an External Service (e.g., Apple ID, Google Play), you must cancel through your External Service, as set forth in more detail in Section 8a. If you subscribed through your Apple ID, refunds are handled by Apple, not Furtrieve, LLC. You can request a refund from Apple through your Apple ID account on your phone or at https://getsupport.apple.com. All other users may request a refund by contacting Furtrieve, LLC Customer Service at info@furtrievecommunity.com, or by mailing or delivering a signed and dated notice that states that you, the buyer, are canceling this agreement, or words of similar effect. Please also include your name and the email address, phone number, or other unique identifier you used to sign up for your account.

This notice shall be sent to: Furtrieve Community, Attn: Cancellations, 9783 East 116^th #67 Fishers IN 46037, USA. The Company’s business is conducted, in part, at, 9783 East 116^th #67 Fishers IN 46037. You may have these Terms of Use (“Terms”) emailed to you by sending a letter to Terms Inquiries, 9783 East 116^th #67 Fishers IN 46037, USA.

We have included brief summaries at the beginning of each section to make it easier for you to read and understand this agreement. The summaries do not replace the text of each section, and you should still read each section in its entirety.

1. INTRODUCTION

By accessing or using Furtrieve Community’s services and app, you agree to be bound by this terms of use agreement (the “terms” or “agreement”), including our privacy policy, cookie policy, community guidelines, and safety tips, so it is important that you read this agreement and these policies and procedures carefully before you create an account.

Please carefully review the dispute resolution provisions in section 1 below. These govern the manner in which disputes will be addressed between you and Furtrieve, LLC. These provisions include a mandatory pre-arbitration informal dispute resolution process (except for individual claims of sexual assault or sexual harassment occurring in connection with your use of the Furtrieve Community application), an arbitration agreement, small claims court election, class action waiver, additional procedures for mass arbitration filings, and jury trial waiver that affect your rights. In arbitration, there is typically less discovery and appellate review than in court.

We may update these Terms from time to time, so check this page regularly for updates.

Welcome to Furtrieve Community.

If you live in the European Economic Area, the United Kingdom, or Switzerland, these Terms of Use are only applicable for US based residents and Furtrieve Community is not supported or authorized to be used outside of the United States of America.

If you live anywhere else, these Terms of Use apply between you and:

Furtrieve, LLC RE: Furtrieve Community
9783 East 116^th #67                                                                                                Fishers, IN 46037

The terms “us”, “we”, “Company” and/or “Furtrieve, LLC” refer to Furtrieve, LLC., or Furtrieve, LLC based on your country of residence. Together you and Furtrieve, LLC may be referred to as the “Parties” or separately as “Party”.

As used in this Agreement, the terms “Furtrieve, LLC,” “us,” “we,” the “Company”, and “our” shall refer to Furtrieve, LLC, as appropriate. Together you and Furtrieve, LLC may be referred to as the “Parties” or separately as “Party.”

By accessing or using our Services on www.furtrievecommunity.com(the “Website”), the Furtrieve Community mobile application (the “App”), or any other platforms or services Furtrieve Community may offer (collectively, the “Service” or our “Services”), you agree to, and are bound by this Agreement. This Agreement applies to anyone who accesses or uses our Services, regardless of registration or subscription status.

Your access and use of our Services is also subject to the Privacy Policy, Community Guidelines, and Safety Tips, and any terms disclosed and agreed to by you when you purchase additional features, products, or services from Furtrieve Community (“Additional Terms Upon Purchase”), which are incorporated into this Agreement by reference. If you do not wish to be bound by this Agreement, do not access or use our Services.

Subject to applicable law, we reserve the right to modify, amend, or change the Terms at any time. Notice of material changes will be posted on this page with an updated effective date. In certain circumstances, we may notify you of a change to the Terms via email or other means; however, you are responsible for regularly checking this page for any changes. Your continued access or use of our Services constitutes your ongoing consent to any changes, and as a result, you will be legally bound by the updated Terms. If you do not accept a change to the Terms, you must stop accessing or using our Services immediately. Notwithstanding the foregoing, any material changes to the Limitation of Liability in Section 16 and the Dispute Resolution provisions in Section 18 below will require your affirmative acceptance.  Further, we reserve the right to change the availability of features in our subscription plans.

2. ACCOUNT ELIGIBILITY; YOUR RESPONSIBILITIES

Before you create an account on Furtrieve Community, make sure you are eligible to use our Services. This Section also details what you can and can’t do when using the Services, as well as the rights you grant Furtrieve, LLC.

You are not authorized to create an account or use the Services unless all the following are true, and by using our Services, you represent and warrant that:

2.1. You are an individual, corporation, partnership or other business entity with a representative that is at least 18 years old;

2.2. You are legally qualified to enter a binding contract with Furtrieve, LLC;

2.3. You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country;

2.4. You are not on any list of individuals prohibited from conducting business with the United States (for example, the U.S. Treasury Department’s list of Specially Designated Nationals or any similar government agency list) nor do you face any other similar prohibition);

2.5. You are not prohibited by law from using our Services;

2.6. You have not committed, been convicted of, or pled no contest to a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence or a threat of violence, unless you have received clemency for a non-violent crime and we have determined that you are not likely to pose a threat to other users of our Services;

2.7. You are not required to register as a sex offender with any state, federal or local sex offender registry;

2.8. You do not have more than one account on our App or within our Services component; and

2.9. You have not previously been removed from our App, Services or our affiliates’ services by us or our affiliates, unless you have our express written permission to create a new account.

If at any time you cease to meet these requirements, all authorization to access our Services or systems is automatically revoked, and you must immediately delete your account., We retain the right to remove your access to our Services without warning.

You agree to:

2.10.             Comply with these Terms, and check this page from time to time to ensure you are aware of any changes;

2.11.             Comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements;

2.12.             Use the latest version of the Website and/or App;

2.13.             Review the Safety Tips;

2.14.             Review and comply with the Community Guidelines, as updated from time to time; and

2.15.             Take reasonable measures to protect the security of your login information.

You agree that you will not:

2.16.             Misrepresent your identity, age, or affiliations with a person or entity;

2.17.             Use the Services in a way that damages the Services or prevents their use by other users;

2.18.             Use our Services in a way to interfere with, disrupt or negatively affect the platform, the servers, or our Services’ networks;

2.19.             Use our Services for any harmful, illegal, or nefarious purpose, including, but not limited to, using any Virtual Items for purposes of money laundering or other financial crimes;

2.20.             Harass, bully, stalk, intimidate, assault, defame, harm or otherwise abuse or cause psychological harm;

2.21.             Post or share Prohibited Content (see below);

2.22.             Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission;

2.23.             Solicit money or other items of value from another user, whether as a gift, loan, or form of compensation;

2.24.             Use another user’s account;

2.25.             Use our Services in relation to fraud, a pyramid scheme, or other similar practice;

2.26.              Use our Services in relation to any political campaign financing or for the purpose of influencing any election, other than sharing your own personal political opinions.

2.27.             Violate the terms of the license granted to you by Furtrieve, LLC (see Section 6 below).

2.28.             Disclose private or proprietary information that you do not have the right to disclose;

2.29.             Copy, modify, transmit, distribute, or create any derivative works from, any Member Content or Our Content, or any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through our Services without Furtrieve, LLC’s prior written consent;

2.30.             Express or imply that any statements you make are endorsed by Furtrieve, LLC;

2.31.             Use any robot, crawler, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of our Services or its contents;

2.32.             Upload viruses or other malicious code or otherwise compromise the security of our Services;

2.33.             Forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted to or through our Services;

2.34.             “Frame” or “mirror” any part of our Services without Furtrieve, LLC’s prior written authorization;

2.35.             Use meta tags or code or other devices containing any reference to Furtrieve, LLC or the platform (or any trademark, trade name, service mark, logo or slogan of Furtrieve, LLC) to direct any person to any other website for any purpose;

2.36.             Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of our Services, or cause others to do so;

2.37.             Use or develop any third-party applications that interact with our Services or Member Content or information without our written consent, including but not limited to artificial intelligence or machine learning systems;

2.38.             Use, access, or publish the Furtrieve Community application programming interface without our written consent;

2.39.             Probe, scan or test the vulnerability of our Services or any system or network;

2.40.             Encourage, promote, or agree to engage in any activity that violates these Terms;

2.41.             Create a new account after we suspend or terminate your account, unless you receive our express permission; or

2.42.             Submit a report about a member’s behavior or content that is false, misleading, or otherwise manifestly unfounded, or abuse any Furtrieve Community reporting or appeals request system made available.

The license granted to you under these Terms and any authorization to access the Services will be automatically revoked if you do any of the above.

Prohibited Content – Furtrieve Community prohibits uploading or sharing content that:

2.43.             Could reasonably be deemed to be offensive or to harass, abuse or cause psychological distress to another person;

2.44.             Is obscene, pornographic, violent or contains nudity;

2.45.             Is abusive, threatening, discriminatory or that promotes or encourages racism, sexism, hatred or bigotry;

2.46.             Encourages or facilitates any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which constitutes committing a criminal offense;

2.47.             Encourages or facilitates any activity that may result in harm to the user or another person, including, but not limited to, promotion of self-harm, eating disorders, dangerous challenges, violent extremism,

2.48.             Is defamatory, libelous, or untrue;

2.49.             Relates to commercial activities (including, without limitation, solicitation for services, sex work, “sugar daddy” or “sugar baby” relationships, links to other websites or premium line telephone numbers);

2.50.             Involves or facilitates the transmission of spam;

2.51.             Contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Furtrieve Community or otherwise;

2.52.             Infringes upon any third party’s rights (including, without limitation, intellectual property rights and privacy rights);

2.53.             Was not written by you, unless expressly authorized by Furtrieve Community;

2.54.             Violates Under 18 U.S. Code § 48, titled “Animal crush videos”. The law defines an animal crush video as: “any photograph, motion-picture film, video or digital recording, or electronic image that:
(1) depicts actual conduct in which one or more living non-human mammals, birds, reptiles, or amphibians is intentionally crushed, burned, drowned, suffocated, impaled, or otherwise subjected to serious bodily injury; and
(2) is obscene.”

Prohibited Content – Animal Abuse

2.55.             Users are strictly prohibited from uploading, posting, sharing, promoting, or distributing any content that:

(a)  Depicts, promotes, or encourages animal abuse, including but not limited to the intentional infliction of pain, suffering, neglect, or harm to animals;

(b)  Includes animal cruelty videos, “crush” videos, or any media that displays violence toward animals; Violates Under 18 U.S. Code § 48, titled “Animal crush videos”, the law defines an animal crush video as: “any photograph, motion-picture film, video or digital recording, or electronic image that:
(1) depicts actual conduct in which one or more living non-human mammals, birds, reptiles, or amphibians is intentionally crushed, burned, drowned, suffocated, impaled, or otherwise subjected to serious bodily injury; and
(2) is obscene.

(c)   Contains or depicts bestiality, which includes any form of sexual conduct, activity, or explicit content involving humans and animals.

(d)  Such content is strictly forbidden and violates both these Terms and applicable local, state, federal, and international laws. We reserve the right to immediately remove such content, terminate the responsible account(s) without notice, and report the matter to the appropriate legal authorities.

(e)  Uploading or disseminating animal abuse or bestiality content on our platform will result in permanent account suspension and may lead to legal prosecution under applicable criminal statutes.

2.56.             Includes the image or likeness of another person without that person’s consent (or in the case of a minor, the minor’s parent or guardian);

2.57.             Includes an image or likeness of a minor who is unaccompanied by the minor’s parent or guardian or not fully clothed or otherwise depicts or implies a minor engaged in sexual activity;

2.58.             Is inconsistent with the intended use of the Services; or

May harm the reputation of Furtrieve, LLC, Furtrieve Community, or its affiliates, meaning the uploading or sharing of content on the Furtrieve Community platform that is defamatory to Furtrieve Community or its affiliates or advocates misuse of the Service or any service provided by Furtrieve Community’s affiliates.

The uploading or sharing of content that violates these Terms (“Prohibited Content”) may result in the immediate suspension or termination of your account.

3. Service Providers

3.1. Services are not provided by Furtrieve, LLC, but by third party corporations, individuals or other public or private legal entities (a “Service Provider”).

3.2. All matters concerning Services (or any other products or services) desired from a Service Provider, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and such Service Provider. Furtrieve, LLC makes no warranties or representations whatsoever regarding anything provided by Service Providers. You will not consider, nor will Furtrieve, LLC be construed as, a party to such transactions, whether or not Furtrieve, LLC may have received some form of revenue or other remuneration in connection with the transaction.

3.3. You agree that Furtrieve, LLC will not be liable for any costs or damages arising out of such transactions, either directly or indirectly. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any Service Provider. Furtrieve, LLC does not assume any responsibility or liability for the actions, product or content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

3.4. It is the responsibility of the Service Provider to communicate its refund policy to you and to issue refunds to you via the Furtrieve Community Service or otherwise. You understand and agree that Service Providers reserve the right to cancel Services for various reasons, including, without limitation, in the event of weather events (including, but not limited to, heat, tornadoes, earthquakes, fires, storms, lightning and floods), accidents, or for any reason that would affect the quality, safety or security of the Service or its participants. In the event of such cancellation, there will be no refund of your payment unless authorized by the Provider. If you want to request a refund, you must request the refund directly from the Service Provider. To the extent that a Service is cancelled or does not meet your expectations for any reason, you must contact the Service Provider and your sole and exclusive remedy with respect to the Service is with the Service Provider and not with Furtrieve, LLC. All communications or disputes regarding refunds are between the Service Provider and you. Furtrieve, LLC will not be responsible or liable in any way for refunds, errors in issuing refunds or lack of refunds in connection with a Service. In addition, Furtrieve, LLC is not responsible for the truth or accuracy of any listings by Service Providers or the ability of any Service Provider to perform, hold a Service, or complete a transaction. Notwithstanding the foregoing, you may report the misconduct of Service Providers and/or third parties in connection with the Service to us, and we, in our sole discretion, may investigate the claim and take action.

The following subsections only apply to you if you are a Provider:

3.5As a Service Provider, you are responsible for backing up any data accessed by you through the Furtrieve Community Service, including without limitation, personal information that may be provided by a person or entity through the Service in connection with your Services. You acknowledge that Furtrieve, LLC may delete such data in the event that the Furtrieve Community account of such person or entity is terminated for any reason, or in the event such person or entity requests deletion of the data. Accordingly, you acknowledge that Furtrieve, LLC shall not be responsible for your failure to adequately back-up any data and shall not be liable to you for any deletion of data in accordance with this paragraph.

3.6As between Furtrieve, LLC and you (as a Service Provider), you will be responsible for the payment of any taxes arising from the sale of Paid Services.

3.7You will not receive payment for reservations for paid Services that are properly cancelled by the customer in accordance with the applicable cancellation policy (if any).

3.8Subject to Furtrieve, LLC payment processor successfully processing payment and receiving funds from the applicable paid Service customer (via credit card, bank account or other payment instrument), you will receive an amount equal to the price of the paid Services, less any applicable credits, discounts or other promotions, and less Furtrieve, LLC’s applicable commission and any payment processing and other per transaction fees (“Transaction Fees”). In certain situations, Furtrieve, LLC may also charge other fees with respect to the Service, such as setup or implementation fees, monthly or annual fees, or per-user or per-location fees (“Usage-Based Fees”). Furtrieve, LLC will disclose such applicable Transaction Fees and/or Usage-Based Fees (collectively, “Provider Fees”) to you via the Service or via email, and you agree to pay such fees to Furtrieve, LLC. Furtrieve, LLC may change any of your Service Provider Fees at any time with at least 30 days’ notice to you (notice provided to you via email or via the Furtrieve Community Service).

3.9To the extent any Service Provider Fees are not automatically transferred to Furtrieve, LLC at the time of transaction, Furtrieve, LLC will invoice you for such fees and you agree to pay them within seven (7) days from receipt of invoice. If you are paid for any Services for which you are not entitled to receive payment hereunder, you will refund that amount to Furtrieve, LLC within seven (7) days of Furtrieve, LLC’s request.

3.10               Furtrieve, LLC may set off amounts due Furtrieve, LLC against any payment owed to you. Also, upon request, you will send Furtrieve, LLC proof of any licenses, permits or other authorizations relating to Activities offered via the Services.

3.11               We offer through Stripe, Inc., (“Stripe”), a third party, a service that facilitates the payment of Providers via credit card or debit card. These payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service(collectively, the “Stripe Services Agreement”). By agreeing to the TOS, Providers that use the payment service also agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Furtrieve, LLC enabling payment processing services through Stripe, you agree to provide Furtrieve, LLC accurate and complete information about you, and you authorize Furtrieve, LLC to share it and transaction information related to your use of the payment processing services provided by Stripe. Without limiting the foregoing, if you are a Service Provider receiving payments through the Stripe services, you hereby authorize Furtrieve, LLC to use information provided by you to do the following: (i) create, update, and/or delete your Stripe account that is connected to Furtrieve, LLC’s platform (a “Connected Account”), (ii) link a bank or debit card to your Connected Account, (iii) execute transfers of funds to your Connected Account, (iv) execute a payout from your Connected Account to your bank or debit card, (v) reverse a payout and transfer from a Connected Account, in the case of a refund or reversal due to fraud or other reasons, and (vi) address customer service issues and complaints associated with your Connected Account. In addition, if you have a Connected Account, you authorize Furtrieve, LLC to receive from Stripe certain tax notices, forms, or invoices on your behalf which will be made available to you through Stripe’s platform. Please note that as between Furtrieve, LLC and you, Furtrieve, LLC assumes no liability or responsibility for any payments you may make through this service, and all such payments are non-refundable.

4. Fundraisers:

4.1These are the key terms that you need to know that will be referenced throughout these Terms of Service:

4.2 Account: A unique account created by a user to access and utilize Furtrieve Community’s services, which includes personal information, credentials, and activity logs.

4.3 Affiliates: Any entity that directly or indirectly controls, is controlled by, or is under common control with Furtrieve Community. This includes subsidiaries, parent companies, and any other related entities.

4.4 Beneficiary: The individual, group or entity for whose benefit the corresponding Fundraiser is conducted and who is the intended recipient of the funds raised.

4.5 Certified NPO: Any 501(c)(3) non-profit organization that has successfully enrolled with the PayPal Giving Fund to receive donations.

4.6. Donor: Any individual or entity that contributes funds to a Fundraiser on or through the Services.

4.7. Fundraiser: A campaign initiated on the Fundraiser with the goal of raising funds for a specific purpose for a Beneficiary.

4.8. Furtrieve Community: A mobile application that has a fundraising tool, services, and technology solution provided by Furtrieve, LLC and its Affiliates to NPOs. This includes both (a) the Furtrieve Community mobile app (e.g., the websites, applications, and cloud-based platform, and the associated data, information, tools, and functionalities, that enable NPO’s online fundraising capabilities, whether through direct donations, auctions, streaming or other technologies) and (b) related Furtrieve Community services (e.g., implementation, site planning, configuration, integration, or deployment of the Furtrieve Community Platform, project management, and other consulting or support services).

4.9. NPO: A non-profit organization (including Shelters, Rescues, churches, universities or other educational institutions) that is established for charitable purposes under applicable laws and is eligible to receive donations through the Platform with the specific purpose of providing donations to animal related causes.

4.10. NPO Website:  A website, donation page, or other online property created or operated by a third-party NPO that uses Furtrieve Community and through which Users may access, register for, or make donations to the NPO. While an NPO Website may be branded with the NPO’s logo or appear on the NPO’s own domain, the portions of the NPO Website that are powered by Furtrieve Community technology (including any donation pages) are governed by these Terms of Service.

4.11. Organizer: An individual or entity (including a non-profit organization) who initiates and manages a fundraiser on the Platform.

4.12. Platform: The entire suite of online Services provided by Furtrieve Community and its Affiliates, including our website, mobile applications, and any related software, services or technologies, including Furtrieve Community.

4.13. Profile: A feature that allows Users to share their activity on Furtrieve Community with other Users, including Fundraisers they have created or donated to (unless donated anonymously), to learn about activity on Furtrieve Community or spotlight specific causes or organizations they care about most, and engage with other Users.

4.14. Recurring Fee: A recurring fixed fee that we may charge when donors set up a recurring donation to a Fundraiser.  To learn more about the Platform and the applicable Recurring Fee, visit Community pricing guidelines.

4.15. Services: All features, functionalities, and tools provided by Furtrieve Community and its Affiliates through its Platform, enabling Users to create and manage Fundraisers, Profiles, donate, and interact with each other, including Furtrieve Community.

4.16. Services Content: All content and materials provided by Furtrieve, LLC on the Community Fundraising component, including text, graphics, logos, images, and software, but excluding User Content.

4.17. Software: The proprietary software and applications provided and owned by Furtrieve, LLC that enable users to access and use the Services.

4.19. Third Party Resources: Any websites, Services, content, or resources provided by entities other than Furtrieve Community or its Affiliates, which may be accessible through the Services.

4.20. Transaction Fee: A fee charged by Furtrieve Community or its payment processors for processing donations. To learn more about the Platform and the applicable Transaction Fee, visit Furtrieve Community pricing**.

4.21. Transfers: The process of moving funds raised through Fundraisers to the Beneficiary’s bank account or other designated account.

4.22. User: Any individual or entity that accesses, registers for, or uses the Platform, including Organizers, Donors, Beneficiaries and NPOs.

4.23. User Content: Any content, activity, or information, including your name, text, images, videos, and other materials, that a User posts, uploads, submits, or otherwise makes available or shares with other Users on or through the Services including in connection with any Fundraiser or Profile.

4.24. User Conduct: The behaviors and actions of Users while using or otherwise accessing the Services.

The Services We Provide

4.25. Description of the Services provided: We offer a Platform for individuals, entities, or nonprofits to create Fundraisers to collect monetary donations from Donors for themselves for pet related services or a third party who will benefit from the funds. We also provide a Profile feature that allows users to share information about their fundraising activities, highlight or follow causes they support.

4.26 Our Role and Limitations: Our Services are a tool for running Fundraisers and for helping Organizers connect with Donors; we are not a bank, payment processor, broker, charity, or financial advisor. We do not solicit donations, the existence of Fundraisers is not a solicitation of donations, and we do not engage in solicitation activities for ourselves or others on our Platform.  We do not act in, or intend to act in, any capacity that requires registration, licensure, or compliance as a Professional Fundraiser, Commercial Fundraiser, or Professional Fundraising Counsel in any US state, as such terms are defined under applicable laws. All information provided through our Services is for your general knowledge and isn’t meant to be professional advice.  If you need specific advice, especially regarding financial, legal, or tax issues, you should consult with a professional. We do not control or endorse any User, Fundraiser, or cause, and we can’t guarantee the success of a Fundraiser.  As a Donor, it’s up to you to decide if a cause is worth contributing to.

4.27. Modification, Suspension, or Termination of the Services: We can change, pause, or stop all or some of the Services at any time and for any reason. We will try to avoid any problems this might cause you or others, but sometimes we might not be able to give you advance notice, especially if it’s an emergency or required by law. We are not responsible for any issues that these changes might cause. Additionally, to enhance and personalize your experience, we may conduct tests, including A/B testing, which involve displaying different versions of our Services to our users to evaluate and improve our Services and our performance.

Payment Processors

Furtrieve Community itself does not hold any funds raised on our Platform, nor does it handle the actual processing of payments. Instead, we use third-party payment processors to manage and process all donations for Fundraisers.  To Transfer funds from a Fundraiser, you must provide your bank account details to our payment processor partners.

By donating, setting up a Fundraiser or accepting the role of Beneficiary to a Fundraiser, you agree to the processing, use, Transfer or disclosure of data by the Payment Processors pursuant to these Terms of Service as well as any and all applicable terms set forth by the applicable Payment Processors.  Our current Payment Processors include: Stripe, Inc. (Stripe’s terms of service), and PayPal, Inc. (PayPal’s terms of service). Furtrieve, LLC does not offer Fundraising capabilities outside of the United States of America.

For more details, including how we handle data with these third-party payment processors, please refer to our Privacy Notice, Stripe, Inc. (Stripe’s terms of service), and PayPal, Inc. (PayPal’s terms of service).

6. User Responsibilities and Obligations

6.1. Organizers:  As an Organizer, you represent and warrant that all the information you provide (whether directly, or through an agent or by using artificial intelligence) about your Fundraiser is accurate, complete, and clear. You are responsible for describing on your Fundraiser page how funds will be used, and ensuring the funds raised are only used for that specific purpose.  You may post updates to your Fundraiser, so Donors know how their money is being used, and any other relevant information.  If you are raising funds on behalf of someone else, you must ensure that all funds raised are given to or spent on behalf of that Beneficiary. By adding a Beneficiary, you relinquish control of the donations for your Fundraiser to the Beneficiary. When you organize a Fundraiser, you agree to follow all laws and regulations related to your Fundraiser, including but not limited to those about taxes and donations. If you are using personal data from anyone, including but not limited to their name, image or likeness, you must have their valid legal permission to share it with us and post it on the Services.  You also agree not to provide or offer to provide goods or services in exchange for donations.  We may share information about your Fundraiser with Donors, the Beneficiary, legal authorities, and as otherwise described in our Privacy Notice. Also, if you create a Fundraiser for an NPO, then you consent to us sharing your name and email with such NPO for their compliance or fundraising purposes.

(a)  Maintaining Accurate Information: Keeping your registration details accurate and current is essential. This includes updating your name, address, and any images or videos you use to represent yourself, your organization, or your NPO. This helps maintain transparency and trust with Donors and ensures compliance with these Terms of Service and applicable legal requirements.

(b)  You Agree to Cooperate: When you organize a Fundraiser on Furtrieve Community, you agree to fully cooperate with any request for evidence that we deem necessary to verify your compliance with these Terms of Service.  Our requests may include, but are not limited to, asking that you: (a) explain how funds were or will be handled; (b) supply documentary evidence of the circumstances described on your Fundraiser; (c) share the identity of any party receiving, benefitting from, or involved with handling all or any portion of the funds; (d) supply proof of how funds were or will be used; or  (e) supply evidence that the intended third party Beneficiary consents to a plan for distribution of funds consistent with the description of your Fundraiser.  We reserve the right to refuse, condition, suspend, freeze or ban any Donations, Accounts, Supporter Accounts, Fundraisers, Transfers or other transactions that we believe in our sole discretion may violate these Terms of Service or harm the interests of our Users, business partners, the public, or Furtrieve, LLC, or that expose you, Furtrieve, LLC, or others to risks unacceptable to us.

6.2. Donors:  When you donate money on Furtrieve Community, it’s your responsibility to understand how your donation will be used, and you donate at your own risk. Make sure to regularly check the Fundraiser’s page for any updates or new information. We are not responsible for what Organizers promise or offer in their Fundraisers. We are also not responsible for verifying information that appears on Fundraisers, nor do we guarantee that donations will be used in accordance with any fundraising purpose prescribed by a User or Fundraiser.  However, we take all reports of fraud or misuse of funds very seriously, and we will take appropriate action against any Fundraiser or User that violates our Terms of Service. Unless you choose to donate anonymously, you consent to Furtrieve, LLC using your name to promote donation matching or to otherwise encourage others to donate, provided however, Furtrieve, LLC will obtain additional consents, if required under applicable laws.

(a)  Making Donations: When you donate to a Fundraiser or NPO through Furtrieve Community, you need to use a credit card or other payment method that is linked to your Account or your Supporter Account, as applicable. You represent and warrant that your payment information is correct and that you are legally authorized to use your payment method. There may be a minimum amount you can donate, and once you donate your money will not be refunded unless Furtrieve, LLC decides to give a refund.  We use third party payment processors to process your donation. As explained further in Section 5 “Payment Processors” ***, by donating, you also agree to allow our payment processors to handle your payment information according to their rules and these Terms.  For details on the companies we use for processing payments and their rules, please check the “Payment Processors” section above.

(b)  Recurring Donations:  By opting into recurring donations, you authorize Furtrieve, LLC and its vendors to charge your designated payment method without further authorization from you. You agree that the donation amount you specify will be charged to your payment method at the frequency you select (e.g., monthly) until the earlier of (1) the Fundraiser ceasing to be a valid, active Fundraiser or (2) as soon as reasonably practical, after you elect to cancel this recurring donation. You may cancel your recurring donation at any time by contacting our Support Team or through the cancellation feature in your Account or Supporter Account as part of Services. Cancellation will take effect promptly upon receipt of your cancellation request, and no further donations will be processed after the cancellation date. However, any donations processed prior to your cancellation will not be refunded unless due to other reasons such as the fundraiser not being valid.

(c)  Reporting Concerns:  We take any reports of fraud or misuse of funds very seriously.  You can learn more about how we handle fraud and misuse by visiting our page on How We Protect Our Community. If you have reason to believe that a User or Fundraiser is not raising or using the funds for their stated purpose, please use the “Report” button that appears at the bottom of every Fundraiser to alert our team of this potential issue, and we will investigate.

(d)  No Restrictions When You Donate to NPOs: If you donate to an NPO, either on Furtrieve Community, you can’t decide exactly how your donation is used. Even if you donate for a specific project or tell the NPO how you’d like your donation used, these instructions are just suggestions. The NPO has the final say and can use all donations at their discretion.

(e) Tax Implications of Donating to NPOs:  When you donate to an NPO, you should talk to a tax advisor to understand if your donation is tax-deductible. Furtrieve Community doesn’t withhold funds for tax purposes or otherwise, nor does Furtrieve, LLC guarantee that your donations are tax-deductible or eligible for tax credits. Furtrieve will also not be liable for any claims or penalties assessed by any tax authorities regarding how your donation is reported by you or a third party.

(f)  We share your Information with NPOs you Donate to:  In certain cases, we may share your personal information (even if you’ve chosen to donate anonymously), with the NPO to which you donate, in accordance with our Privacy Notice. The NPO may use this information only for compliance and transactional purposes such as providing a donation receipt unless you expressly provide appropriate consent during the Donor checkout flow to allow the NPO to reach out to you. Furtrieve, LLC isn’t responsible for how the NPO uses your information.

(g) ACH Donations:  When you donate to a Fundraiser or NPO through Furtrieve, LLC via automated clearing house (“ACH”) transaction, you authorize Furtrieve, LLC to electronically debit the bank account you linked to your Account or Supporter Account (and, if necessary, electronically credit your account to correct any erroneous debits).  You agree that ACH transactions you authorize comply with all applicable law.  You understand that this authorization will remain in full force and effect until you notify Furtrieve, LLC Support via our Help Center that you wish to revoke this authorization.  You understand that Furtrieve, LLC requires at least two days prior notice to cancel this authorization.

(h) Payment Processors for NPOs: Furtrieve, LLC has partnered with PayPal and, in limited circumstances, Adyen or Stripe, to process Donations to NPOs. Although exceptions can be made, NPOs in the United States.

6.3. Tax Responsibilities for Organizers and Beneficiaries: We do not withhold funds for tax purposes or otherwise. You, as an Organizer or Beneficiary are solely responsible for paying any applicable taxes in connection with any donations you receive.  It’s up to you to calculate, report, and pay the correct amount of tax to the tax authorities.

6.4. Profiles:  When using your Profile, you agree to adhere to all the terms regarding User Content and User Conduct set forth in Section 8** (“Prohibited Fundraisers and Related User Content”) and Section 9** (“Prohibited User Conduct”) below.  This means, among other things, that you may not use your Profile to post misleading, false, or unlawful content, and that you agree to provide accurate information about your identity by using the name reflected on your government-issued identification. Notwithstanding the foregoing, you may use a username or other identifier on your Profile, but we reserve the right to remove it if we believe it is inappropriate (such as when a trademark owner complains about a username or identifier that does not closely relate to your actual name or when it otherwise violates these Terms of Service). Furtrieve, LLC reserves the right, at its sole discretion and without prior notice, to suspend your Profile and to remove or modify any User Content included on your Profile that violates these Terms of Service.  By choosing to make your Profile public, you acknowledge that your Profile information, activities and related User Content may be visible to other Users and searchable on the Furtrieve, LLC Platform. When your profile is set to private, your name, photo, bio and follower and following counts will remain visible to other Users, but the rest of your activities on the Furtrieve, LLC Platform will not be visible.  You may control your Account settings to make your Profile either public or private. For more information on how your data will be collected and used, please see our Privacy Notice.

7. Transfers, Holds, Returns & Chargebacks

7.1. Transfers: While we strive to make Transfers available to you promptly, our ability to do so is dependent upon Users providing the right information and upon our technical systems operating as intended.  You acknowledge and agree that: (i) Transfers may not be available to you for use immediately; (ii) we do not guarantee that Transfers will be always available to you within any specific time frame, but we will use commercially reasonable efforts to provide Transfers as soon as reasonably possible; (iii) you will cooperate with any request we make for evidence we deem necessary to verify your compliance with these Terms of Service; and (iv) to the extent permitted by applicable law, we expressly disclaim any and all responsibility for any delay in Transfers or your inability to access and use donated funds at any specified time, and any consequences arising from such delay or inability.  We will use commercially reasonable efforts to let you know when you can expect to receive the Transfer and to provide a clear timeframe whenever possible.

(a)  You must provide accurate info: You, as an Organizer and/or Beneficiary, are responsible for (i) verifying your personal information and bank account information under “Set up transfers” as soon as possible; and (ii) ensuring that the information you provide to Furtrieve, LLC and/or its Affiliates in order to process a Transfer, including bank account information, is accurate and up to date.

(b)  Refunds: We may, in our sole discretion, offer or issue a refund of Donation(s), which may comprise the entire amount donated to your Fundraiser. Refunds may be issued with or without prior notice, depending on the circumstances.  For example, we may refund donors based on fraud prevention, violation of our Terms of Service, card scheme compliance, failure to provide requested evidence of compliance with our Terms of Service, legal obligations, or other reasons. To the extent permitted by applicable law, we will not be liable to you or any third party for any claims, damages, costs, losses, or other consequences caused by refunds, including, but not limited to, transaction or overdraft fees. We will determine the appropriate resolution in cases where Donors, Organizers, or Beneficiaries request a refund.  Where a Beneficiary does not want the funds (or the portion of funds that exceed the Fundraiser goal) and an Organizer or Beneficiary requests a refund, or where a Beneficiary fails to complete the necessary steps to withdraw funds within 120 days of the first donation (unless otherwise extended at Furtrieve, LLC’s discretion), Furtrieve, LLC may, in its sole discretion, offer refunds to donors or redirect funds to a verified NPO whose mission aligns with the stated purpose of the Fundraiser where appropriate and permitted by law. Where practical, we will notify donors and provide an opportunity for them to request a refund before redirecting funds to such NPO.

(c)  Transfer Funds within 120 Days: Our payment processors are not able to hold funds indefinitely.  If you do not Transfer your donations to your bank account within one hundred and twenty (120) days of your first donation, our payment processors may, in accordance with relevant laws and regulations, refund or escheat any funds raised. You will be responsible for working with the appropriate governmental authority to claim any escheated funds.

7.2. Transfer Holds: We may, in our sole discretion, place a hold on a Fundraiser, restrict Transfers, initiate a reverse ACH Transfer, secure reserves, or take similar actions to protect our Users (any of these actions may be referred to as a “Hold”).  We may put a Hold on your Fundraiser or Account for several reasons, including but not limited to:

(a)  We need more information to verify that your Fundraiser complies with our Terms of Service, or we have determined that a Fundraiser or User has violated our Terms of Service;

(b)  Our determination that the funds should be provided directly to a person other than the Organizer, such as a legal Beneficiary or person entitled by law to act on behalf of an Organizer;

(c)  We have determined, in our sole discretion, that the use of funds has materially changed from the original purpose of the Fundraiser, necessitating refunds to Donors;

(d)  Such action is required to comply with a court order, injunction, writ, or as otherwise required under applicable law and regulations.

If you have questions about a Hold we may have placed on your Fundraiser or Account, or need information about how to resolve the Hold, please see this article and check the email account used to register for additional information.

7.3. Payment Processor Chargebacks or Returns: Occasionally, a Donor may dispute a credit card or ACH charge for a Donation through the Services or submit a request.  If you believe that an error has occurred in any of your donations, please contact us immediately via our Help Center so we can help resolve the issue. Any fraud disputes or chargebacks initiated with your payment provider may be contested by us based on this authorization.  In situations where the Cardholder is not alleging that a fraudulent donation has been made (i.e. that the transaction was not made by the cardholder), the Cardholder should always attempt to resolve the dispute with the Organizer or with us before pursuing a chargeback or return.

We will review each request to determine whether the request is legitimate, and if we determine a request is not legitimate, we may use information submitted by you and/or at our disposal at the time of donation to defend that request. Further, we will defend any non-fraud request with such reason codes as Merchandise / Services Not Received or any other code that suggests non-delivery, as transactions processed on Furtrieve, LLC are donations without the expectation or exchange of goods or services.

If a Donor disputes their transaction with their bank or card issuer, or if the card issuer disputes the transaction on behalf of the cardholder and it becomes a chargeback or return, the Donor surrenders, without limitation, any benefits or protections of Furtrieve’s refund policy related to that Donation.

8. Prohibited Fundraisers and Related User Content

This Section includes our rules about prohibited and/or illegal Fundraisers and User Content. We may remove any User Content–including any Fundraisers–that we determine violates these Terms of Service.  Further, if you violate these Terms of Service, we may ban or disable your use of the Services, stop payments to any Fundraiser, freeze or place a hold on donations and Transfers, report you to law enforcement authorities, or take any other appropriate legal action.

We may investigate a Fundraiser, a User or User Content at any time to ensure compliance with these Terms of Service. In doing so, we may consider all available material, including but not limited to social media, related news, and any other information that we deem relevant in our review.  Please note that while we reserve the right to remove, edit, or modify any content on our Platform at our sole discretion, we are not obligated to do so. This includes content that is illegal, inaccurate, misleading, infringes on intellectual property rights, or violates these Terms of Service.

You agree that you will not use the Services or Platform to raise funds, establish any Fundraiser, or post any User Content for the purposes of promoting or involving:

8.1. the violation of any law, regulation, industry requirement, or third-party guidelines or agreements by which you are bound, including those of payment card providers that are utilized in connection with the Services;

8.2. Fundraisers that are fraudulent, misleading, inaccurate, dishonest or impossible;

8.3. offensive, graphic, perverse or sexual content;

8.4. the funding of a ransom, human trafficking or exploitation, vigilantism, bribes or bounty;

8.5. purchase or use by an organization or individual of drugs, narcotics, steroids, controlled substances, pharmaceuticals or similar products or therapies that are either illegal, or prohibited at the state or national level;

8.6. activities with, in, or involving countries, regions, governments, persons, or entities that are subject to U.S. and other economic sanctions under applicable law, unless such activities are expressly authorized by the appropriate governmental authority and by our payment service providers;

8.7. any equipment or weapons meant for use in conflict or by an armed group, explosives, ammunition, firearms, knives, or other weaponry or accessories;

8.8. any activity in support of terrorism, extremism, hate, violence, harassment, bullying, discrimination, terrorist financing, extremist financing, or money laundering;

8.9. User Content that reflects, incites or promotes bullying, harassment, discrimination, or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender, gender identity, gender expression, disabilities or diseases;

8.10. the legal defense of financial and violent crimes, including those related to money laundering, murder, robbery, assault, battery, sex crimes or crimes against minors;

8.11. User Content that promotes self-harm or suicide;

8.12. gambling, gaming and/or any other activity with an entry fee and a prize including, but not limited to raffles, casino games, sports betting, fantasy sports, horse or greyhound racing, lottery tickets, raffle tickets, auctions and other ventures that facilitate gambling, games of skill or chance (whether or not it is legally defined as a lottery), promotions involving rewards (monetary or otherwise) in exchange for donations, including event tickets, raffle entries, meet-and-greet opportunities, gift cards or sweepstakes;

8.13. any activity that disguises, conceals, or otherwise obscures the origin of funds;

8.14. annuities, investments with the expectation of a return, loans, equity or lottery contracts, lay-away system, off-shore banking or similar transactions, money service businesses (including currency exchanges, check cashing or the like), pyramid schemes, “get rich quick schemes” (i.e., investment opportunities or other services, that promise high rewards), network marketing and referral marketing programs, debt collection or crypto-currencies;

8.15. the receipt or grant of cash advances or lines of credit to yourself or to another person for any reason, including but not limited to self-payments, or payments for which there is no apparent purpose;

8.16. products or services that directly infringe or facilitate infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party, including but not limited to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder;

8.17. electoral fundraising or any election Fundraiser in the US;

8.18. any attempt to bypass or otherwise circumvent payment processing rules and regulations, or these Terms of Service;

8.19. any activity that presents Furtrieve, LLC with an unacceptable risk of financial loss;

8.20. any other activity that Furtrieve, LLC may deem, in its sole discretion, to: (a) be unacceptable or objectionable; (b) restrict or inhibit any other person from using or enjoying the Services; or (c) expose Furtrieve, LLC, its employees or Users to any harm or liability of any type.  Otherwise, you are not permitted to offer any contest, competition, reward, give-away, raffle, sweepstakes or similar activity (each, a “Promotion”) on or through the Services.

9. Prohibited User Conduct

This Section includes our rules about User Conduct that is prohibited and/or illegal. We may remove any User Content–including any Fundraisers–if we determine that a relevant User has engaged in User Conduct that violates these Terms of Service.  Further, if you violate these Terms of Service, we may ban or disable your use of the Services, stop payments to any Fundraiser, freeze or place a hold on donations and Transfers, report you to law enforcement authorities, or otherwise take appropriate legal action.

By using the Services or our Platform, you agree:

9.1. not to use the Services to transmit or otherwise upload any User Content that: (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; or (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation;

9.2. not to interfere with or disrupt servers or networks connected to or used to provide the Services or their respective features, or disobey any requirements, procedures, policies or regulations of the networks connected to or used to provide the Services;

9.3. not to harvest, collect, scrape or publish personally identifiable information of others;

9.4. not to raise funds for a minor unless (i) you have obtained express permission of the minor’s guardian; or (ii) the funds are Transferred into a trust, UTMA or UGMA account for the sole benefit of the minor;

9.5. not to use the Services on behalf of a third party or post any personal data or other information about a third party, without the express consent of that third party;

9.6. not to use another User’s Account, Supporter Account, Profile, or URL without permission, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, misrepresent an NPO or Fundraiser through the Services, or post User Content in any inappropriate category or areas on the Services;

9.7. not to create any liability for Furtrieve, LLC or cause us to lose (in whole or in part) the services of our Internet Service Provider(s), web hosting company or any other vendors or suppliers;

9.8. not to gain unauthorized access to the Services, or any account, computer system, or network connected to the Services, by any unauthorized or illegal means;

9.9. not to obtain or attempt to obtain any materials or information not intentionally made available through the Services;

9.10. not to use the Services to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contain advertising, except that using the Services for fundraising activities in accordance with these Terms of Service is expressly permitted;

9.11. not to transmit more request messages through the Services in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;

9.12. not to undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Services;

9.13. not to share your password or login credentials with anyone for any reason;

9.14. not to make or accept any Donations that you know or suspect to be erroneous, suspicious or fraudulent;

9.15. not to use the Services in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC) nor as applicable in your country;

9.16. not to use bots, automated scripts, software, or any other method not expressly authorized by Furtrieve, LLC to artificially generate follows, followers, or any other form of inauthentic engagement.

9.17. not to attempt to undertake indirectly any of the foregoing;

9.18. to maintain reasonable and standard security measures to protect any information transmitted and received through the Services, including without limitation, adhering to any security procedures and controls required by Furtrieve, LLC from time to time;

9.19. to maintain a copy of all electronic and other records related to Fundraisers and Donations as necessary for Furtrieve, LLC to verify compliance with these Terms of Service and make such records available to Furtrieve, LLC upon our request. For clarity, the foregoing does not affect or limit your obligations to maintain documentation as required by applicable laws, rules, regulations, or governmental authority; and

9.20. at Furtrieve, LLC’s request, to cooperate as far as reasonably possible and permitted under applicable law, in the auditing of, investigation of (including without limitation, investigations by Furtrieve, LLC, a Payment Processor, or a regulatory or governmental authority), and remedial efforts to correct any alleged or uncovered violation or wrongdoing of a User to whom, or Fundraiser or Donation to which, you are connected.

10. Content Moderation and Reporting Fundraisers

If you have reason to believe that a Fundraiser contains illegal content or content that violates these Terms of Service or our content moderation policies, please use the “Report” button on the Fundraiser to alert our team of this potential issue and we will investigate.  If you disagree with a decision taken by us in connection to a notice or complaint related to User Content and/or use of the Platform that is illegal or prohibited by Furtrieve, LLC, you may use our available dispute resolution systems.

We leverage a combination of business rules, machine learning, and human review to identify and remediate violations of our Terms of Service. Additional information related to how we moderate User Content, how we protect individuals from illegal content, the process for reporting or appealing violations, the process for handling and resolution of complaints and the dispute resolution systems available can be found in our Help Center. You acknowledge that rules in this section concerning content moderation are without prejudice to policies/procedures available in our Help Center regulating how we moderate User Content, how we protect individuals from illegal content, the process for reporting or appealing violations, the process for handling and resolution of complaints and the dispute resolution systems available.

11. Fees

11.1. We Don’t Charge a Platform Fee:  A Platform fee is an upfront, calculated charge, either fixed or percentage-based, for accessing or using a specific service on a Platform. We do not charge a Platform fee, and we do not charge to start or maintain a Fundraiser.  However, a Transaction Fee does apply to donations received and, if donors choose recurring donations, we charge donors a Recurring Fee on each donation.  Notwithstanding the foregoing, if you are using our suite of online fundraising tools for non-profits to power donations on your own website, separate fees may apply.  The pricing and fees terms in your existing contract with us will remain in effect for any payments facilitated by us on your entity’s website until the contract terminates in accordance with its terms. Such pricing will not be modified by claiming your NPO Profile or agreeing to Furtrieve, LLC’s Terms of Service.

11.2. A Transaction Fee Is Charged on All Donations and A Recurring Fee is Charged for Recurring Donations:  A Transaction Fee is the cost of processing a payment.  Although there are no Platform fees to start or maintain a Fundraiser, please keep in mind that a Transaction fee, including credit and debit charges, is deducted from each donation by our Payment Processors to securely deliver your donations. If donors choose recurring donations, we charge donors a Recurring Fee per donation to the selected Fundraiser. To learn more about our fees, please visit Furtrieve, LLC Pricing.

5       Content Posted on Other Services

We have not reviewed, and cannot review, all the material, including images, text, and other information, made available through the websites and webpages to which the Furtrieve Community links, and that link to our service. Furtrieve, LLC does not have any control over those websites and webpages and is not responsible for their contents or their use. By linking to a non-Furtrieve, LLC website or webpage, Furtrieve, LLC does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from harmful or destructive content. Furtrieve, LLC disclaims any responsibility for any harm resulting from your use of non-Furtrieve, LLC websites and webpages.

6      CONTENT

It is important that you understand your rights and responsibilities regarding the content on our Services, including any content you provide or post. You are expressly prohibited from posting inappropriate content.

While using our Services, you will have access to: (i) content that you upload or provide while using our Services, even if suggested by our Services (“Your Content”); (ii) content that other users upload or provide while using our Services (“Member Content”); and (iii) content that Furtrieve Community provides on and through our Services (“Our Content”). In this agreement, “content” includes, without limitation, all text, images, video, audio, or other material on our Services, including information on users’ profiles and in direct messages between users.

For additional information on how we moderate content, please see our Safety page for more details.

6.1 YOUR CONTENT

You are responsible for Your Content. Don’t share anything that you wouldn’t want others to see, that would violate this Agreement, or that may expose you or us to legal liability.

You are solely responsible and liable for Your Content, and, therefore, you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.
You represent and warrant to us that the information you provide to us or any other user is accurate, including any information submitted through Facebook or other third-party sources (if applicable), and that you will update your account information as necessary to ensure its accuracy.
The content included on your individual profile should be relevant to the intended use of our Services. You may not upload any Prohibited Content, and your content must further comply with the Community Guidelines. You may not display any personal contact, banking information, or peer-to-peer payment information, whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card, peer-to-peer payment username, or other banking details). If you choose to reveal any personal information about yourself to other users, you do so at your own risk. We strongly encourage you to use caution in disclosing any personal information online.

Your individual profile will be visible to other people around the world, so be sure that you are comfortable sharing Your Content before you post. You acknowledge and agree that Your Content may be viewed by other users, and, notwithstanding these Terms, other users may share Your Content with third parties. By uploading Your Content, you represent and warrant to us that you have all necessary rights and licenses to do so and automatically grant us a license to use Your Content as provided under Section 7*** below.
We may provide tools and features to enhance individual expression through Your Content and Member Content (described in Section 3b), and we’re constantly developing new technologies to improve our Services. Certain tools or features may allow you to generate or enhance content based on Your Content. This is still Your Content, and you are responsible for it and its accuracy, as well as your use of it on our Services and all decisions made, actions taken, and failures to take action based on Your Content. Be careful in choosing and sharing Your Content.
You understand and agree that we may monitor or review Your Content, and we have the right to remove, delete, edit, limit, or block or prevent access to any of Your Content at any time at our sole discretion. Furthermore, you understand and agree that we have no obligation to display or review Your Content.

6.2 MEMBER CONTENT

While you will have access to Member Content, it is not yours and you may not copy or use Member Content for any purpose except as contemplated by these Terms.

Other users will also share content on our Services. Member Content belongs to the user who posted the content and is stored on our servers and displayed at the direction of that user.
You should always carefully review and independently verify Member Content for accuracy. Other users may use tools to generate or enhance content based on the Member Content they provide.  Member Content may include biased, incorrect, harmful, offensive, or misleading information. Other users are responsible for their Member Content, as well as all decisions made, actions taken, and failures to take action based on their use of Member Content.
You do not have any rights in relation to Member Content, and, unless expressly authorized by Furtrieve, LLC, you may only use Member Content to the extent that your use is consistent with our Services’ purpose of allowing us to communicate with and meet one another. You may not copy the Member Content or use Member Content for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your account if you misuse Member Content.

7.3 OUR CONTENT

Furtrieve, LLC owns or licenses all other content on our Services.

Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property appearing on our Services is owned, controlled or licensed by us and protected by copyright, trademark and other intellectual property law rights. All rights, title, and interest in and to Our Content always remains with us.
We grant you a limited license to access and use Our Content as provided under Section 6** below, and we reserve all other rights.

8. INAPPROPRIATE CONTENT AND MISCONDUCT; REPORTING

Furtrieve, LLC does not tolerate inappropriate content or behavior on our Services.

We are committed to maintaining a positive and respectful community, and we do not tolerate any inappropriate content or misconduct, whether on or off the Services (including, but not limited to, on services operated by our affiliates). We encourage you to report any inappropriate Member Content or misconduct by other users. You can report a user directly through the “Report User” link on a user’s profile or in the messaging experience. You may also contact Customer Support.

As set forth in our Privacy Policy, we may share data between our affiliates for the safety and security of our users and may take necessary actions if we believe you have violated these Terms, including banning you from our Services; for more details, please see our Safety page), and/or preventing you from creating new accounts. You understand and agree that we may not share information with you regarding your account if doing so would potentially impair the safety or privacy of our other users.

Member Content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998. To submit a complaint regarding Member Content that may constitute intellectual property infringement, see Section 12 (Digital Millennium Copyright Act) below.

9      PRIVACY

Privacy is important to us. We have a separate policy about it that you should read.

For information about how Furtrieve, LLC and Furtrieve Community and its affiliates collect, use, and share your personal data, please read our Privacy Policy. By using our Services, you agree that we may use your personal data in accordance with our Privacy Policy.

10  RIGHTS YOU ARE GRANTED BY FURTRIEVE COMMUNITY

Furtrieve, LLC grants you the right to use and enjoy our Services, subject to these Terms.

For as long as you comply with these Terms, Furtrieve, LLC grants you a personal, nationwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use our Services for purposes as intended by Furtrieve Community and permitted by these Terms and applicable laws. This license and any authorization to access the Service are automatically revoked if you fail to comply with these Terms.

11  RIGHTS YOU GRANT FURTRIEVE, LLC AND FURTRIEVE COMMUNITY

You own all the content you provide to Furtrieve, LLC, but you also grant us the right to use Your Content as provided in this Agreement.

By creating an account, you grant to Furtrieve, LLC a worldwide, perpetual, transferable, sub- licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, reformat, incorporate into other works, advertise, distribute and otherwise make available to the general public Your Content, including any information you authorize us to access from Facebook or other third- party sources (if applicable), in whole or in part, and in any way and in any format or medium currently known or developed in the future. Furtrieve Community’s license to Your Content shall be non-exclusive, except that Furtrieve Community’s license shall be exclusive with respect to derivative works created through use of our Services. For example, Furtrieve Community would have an exclusive license to screenshots of our Services that include Your Content.

In addition, so that Furtrieve Community can prevent the use of Your Content outside of our Services, you authorize Furtrieve, LLC to act on your behalf with respect to infringing uses of Your Content taken from our Services by other users or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if Your Content is taken and used by third parties outside of our Services. Furtrieve Community is not obligated to take any action regarding use of Your Content by other users or third parties. Furtrieve, LLC license to Your Content is subject to your rights under applicable law (for example, laws regarding personal data protection to the extent the content contains personal information as defined by those laws).

In consideration for Furtrieve, LLC allowing you to use our Services, you agree that we, our affiliates, and our third-party partners may place advertising on our Services. By submitting suggestions or feedback to Furtrieve Community regarding our Services, you agree that Furtrieve, LLC may use and share such feedback for any purpose without compensating you.

You agree that Furtrieve, LLC may access, preserve, and disclose your account information, including Your Content, if required to do so by law or upon a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; (v) protect the rights, property or personal safety of the Company or any other person, or (vi) to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing.

12  PURCHASES AND AUTOMATICALLY RENEWING SUBSCRIPTIONS

You will have the opportunity to purchase products and services from and through the Furtrieve Community app. If you purchase a subscription, it will automatically renew – and you will be charged – until you cancel.

Furtrieve Community may offer products and services for purchase through iTunes, Google Play, or other external services authorized by Furtrieve Community (each, an “External Service,” and any purchases made thereon, an “External Service Purchase”). Furtrieve Community may also offer products and services for purchase via credit card or other payment processors on the Website or inside the App (“Internal Purchases”).

If you purchase a subscription, it will automatically renew until you cancel, in accordance with the terms disclosed to you at the time of purchase, as further described below.

If you cancel your subscription, you will continue to have access to your subscription benefits until the end of your subscription period, at which point it will expire.

Because our Services may be utilized without a subscription, canceling your subscription does not remove your profile from our Services. If you wish to fully terminate your account, you must terminate your account as set forth in Section 9.

Furtrieve, LLC operates a national business, and our pricing varies based on several factors. We frequently offer promotional rates – which can vary based on region, length of subscription, bundle size, past purchases, account activity and more. We also regularly test new features and payment options. If you do not timely cancel your subscription, your subscription will be renewed at the full price as indicated when the purchase was made, without any additional action by you, and you authorize us to charge your payment method for these amounts. To the extent permissible by law, we reserve the right, including without prior notice, to limit the available quantity of or discontinue making available any product, feature, service or other offering; to impose conditions on the honoring of any coupon, discount, offer or other promotion; to bar any user from making any transaction; and to refuse to provide any user with any product, service or other offering.

10.1      EXTERNAL SERVICE PURCHASES AND SUBSCRIPTIONS

External Service Purchases, including subscriptions, may be processed through the External Service, in which case those purchases must be managed through your External Service Account. Subscriptions automatically renew until you cancel.

When making a purchase on the Service, you may have the option to pay through an External Service, such as with your Apple ID or Google Play account (“your External Service Account”), and your External Service Account will be charged for the purchase in accordance with the terms disclosed to you at the time of purchase and the general terms applicable to your External Service Account. Some External Services may charge you sales tax, depending on where you live, which may change from time to time.

If your External Service Purchase includes an automatically renewing subscription, your External Service Account will continue to be periodically charged for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, the subscription will automatically continue for the price and time period you agreed to when subscribing. If you received a discounted promotional offer, your price may go up per the terms of that offer following the initial subscription period for any subsequent renewal period.

To cancel a subscription: If you do not want your subscription to renew automatically, or if you want to change or terminate your subscription, you must log in to your External Service Account and follow instructions to manage or cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the App from your device. For example, if you subscribed using your Apple ID, cancellation is handled by Apple, not Furtrieve, LLC. To cancel a purchase made with your Apple ID, go to Settings within the app, and follow the instructions to cancel. You can also request assistance at Apple Support.

Similarly, if you subscribed on Google Play, cancellation is handled by Google. To cancel a purchase made through Google Play, launch the Google Play app on your mobile device and navigate to Settings. You can also request assistance at Google Play. If you cancel a subscription, you may continue to use the canceled service until the end of your then-current subscription term. The subscription will not be renewed when your then-current term expires.

If you initiate a chargeback or otherwise reverse a payment made with your External Service Account, Furtrieve, LLC may terminate your account immediately in its sole discretion, on the basis that you have determined that you do not want a Furtrieve Community subscription. If your chargeback or other payment reversal is overturned, please contact Customer Support. Furtrieve, LLC will retain all funds charged to your External Service Account until you cancel your subscription through your External Service Account. Certain users may be entitled to request a refund. See Section 8d below for more information.

10.2      INTERNAL PURCHASES AND SUBSCRIPTIONS

Internal Purchases, including subscriptions, are processed using the Payment Method you provide on the Website or App. Subscriptions automatically renew until you cancel.

If you make an Internal Purchase, you agree to pay the prices displayed to you for the Services you’ve selected as well as any sales or similar taxes that may be imposed on your payments (and as may change from time to time), and you authorize Furtrieve LLC. to charge the payment method you provide (your “Payment Method”). Furtrieve, LLC may correct any billing errors or mistakes even if we have already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, Furtrieve, LLC. may terminate your account immediately in its sole discretion, on the basis that you have determined that you do not want a Furtrieve Community subscription. If your chargeback or other payment reversal is overturned, please contact Customer Care.

If your Internal Purchase includes an automatically renewing subscription, your Payment Method will continue to be periodically charged for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for the price and time period you agreed to when subscribing, until you cancel.

To cancel a subscription, log in to the Website or App and go to the Account section. If you cancel a subscription, you may continue to use the cancelled service until the end of your then-current subscription term. The subscription will not be renewed when your then-current term expires.

You may edit your Payment Method information by using the Settings tool and following the link to let your upgrade expire. If a payment is not successfully processed, due to expiration, insufficient funds, or otherwise, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates.

In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method. Certain users may be entitled to request a refund. See Section 8d below for more information.

10.3      VIRTUAL ITEMS

Virtual items are non-refundable and subject to certain conditions.

From time to time, you may have the opportunity to purchase a limited, personal, non-transferable, non-sublicensable, revocable license to use or access special limited-use features including but not limited to credits redeemable on virtual items, such as Ultra Likes, Boosts, Credits, or Gifts (“Virtual Item(s)”) from Furtrieve Community. You may only purchase Virtual Items from us or our authorized partners through our Services.

Virtual Items represent a limited license right governed by this Agreement, and, except as otherwise prohibited by applicable law, no title or ownership in or to Virtual Items is being transferred or assigned to you. This Agreement should not be construed as a sale of any rights in Virtual Items.

Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value but instead constitutes a measurement of the extent of your license. Virtual Items do not incur fees for non-use; however, the license granted to you in Virtual Items will terminate in accordance with the terms of this Agreement, on the earlier of when Furtrieve, LLC ceases providing our Services, or your account is otherwise closed or terminated.

Furtrieve, LLC, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and/or may distribute Virtual Items with or without charge. Furtrieve, LLC may manage, regulate, control, modify, or eliminate Virtual Items at any time, including taking actions that may impact the perceived value or purchase price, if applicable, of any Virtual Items. Furtrieve, LLC shall have no liability to you or any third party if Furtrieve, LLC exercises any such rights. The transfer of Virtual Items is prohibited, and you shall not sell, redeem, or otherwise transfer Virtual Items to any person or entity. Virtual Items may only be redeemed through our Services.

ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH OUR SERVICES ARE FINAL AND NON-REFUNDABLE. YOU ACKNOWLEDGE THAT FURTRIEVE, LLC IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

10.4      REFUNDS

Generally, all purchases are nonrefundable. Special terms for refunds also apply in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin.

Generally, all purchases are final and nonrefundable, and there are no refunds or credits for partially used periods, except if the laws applicable in your jurisdiction provide for refunds.

For subscribers residing in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, Wisconsin:

Your Right to Cancel – You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. If you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use our Services) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the Company notice in the same manner as you request a refund as described below.

If any of the above apply to you and you subscribed using your Apple ID, your refund requests are handled by Apple, not Furtrieve Community. To request a refund, please contact your External Service directly; for example, using your Apple device, go to Settings > iTunes & App Stores > [click on your Apple ID] > View Apple ID > Purchase History. Find the transaction and select “Report a Problem.” You can also request a refund at Apple Support. For any other purchase, please contact Furtrieve Community Customer Service with your order number (see your confirmation email) by mailing or delivering a signed and dated notice which states that you, the buyer, are canceling this Agreement, or words of similar effect. Please also include the email address or telephone number associated with your account along with your order number. This notice shall be sent to:

Furtrieve, LLC
Attn: Cancellations,
9783 East 116^th #67                                                                                                  Fishers, IN 46037

11      ACCOUNT TERMINATION

If you no longer wish to use our Services, or if we terminate your account for any reason, here’s what you need to know.

You can delete your account at any time by logging into the Website or App, going to “Settings”, clicking “Delete Account”, and following the instructions to complete the deletion process. However, you will need to cancel / manage any External Service Purchases through your External Service Account (e.g., iTunes, Google Play) to avoid additional billing.

Furtrieve, LLC reserves the right to investigate and, if appropriate, suspend or terminate your account without a refund if Furtrieve Community believes that you have violated these Terms, misused our Services, or behaved in a way that Furtrieve LLC regards as inappropriate or unlawful, on or off our Services. We reserve the right to make use of any personal, technological, legal, or other means available to enforce the Terms, at any time without liability and without the obligation to give you prior notice, including, but not limited to, preventing you from accessing the Services.

If your account is terminated by you or by Furtrieve, LLC for any reason, these Terms continue and remain enforceable between you and Furtrieve Community, and you will not be entitled to any refund for purchases made. Your information will be maintained and deleted in accordance with our Privacy Policy.

12      NO CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS

Furtrieve, LLC and the Furtrieve Community app do not conduct criminal background or identity verification checks on its users. Though Furtrieve, LLC strives to encourage a respectful user experience, it is not responsible for the conduct of any user on or off the Service. Use your best judgment when interacting with others and review our Safety Tips.

YOU UNDERSTAND THAT FURTRIEVE, LLC DOES NOT CONDUCT CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. FURTRIEVE, LLC MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY, HEALTH, PHYSICAL CONDITION, INTENTIONS, LEGITIMACY, OR VERACITY OF USERS. FURTRIEVE, LLC RESERVES THE RIGHT TO CONDUCT – AND YOU AUTHORIZE FURTRIEVE, LLC TO CONDUCT – ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS, AND YOU AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE USED FOR THAT PURPOSE. IF THE COMPANY DECIDES TO CONDUCT ANY SCREENING THROUGH A CONSUMER REPORTING AGENCY, YOU HEREBY AUTHORIZE THE COMPANY TO OBTAIN AND USE A CONSUMER REPORT ABOUT YOU TO DETERMINE YOUR ELIGIBILITY UNDER THESE TERMS.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. WE CANNOT AND DO NOT GUARANTEE YOUR SAFETY AND ARE NOT A SUBSTITUTE FOR FOLLOWING THE SAFETY TIPS AND OTHER SENSIBLE SAFETY PRECAUTIONS. ALWAYS USE YOUR BEST JUDGMENT AND TAKE APPROPRIATE SAFETY PRECAUTIONS WHEN COMMUNICATING WITH OR MEETING NEW PEOPLE. COMMUNICATIONS RECEIVED THROUGH THE SERVICE, INCLUDING AUTOMATIC NOTIFICATIONS SENT BY FURTRIEVE COMMUNITY, MAY RESULT FROM USERS ENGAGING WITH THE SERVICE FOR IMPROPER PURPOSES, INCLUDING FRAUD, ABUSE, HARASSMENT, OR OTHER SUCH IMPROPER BEHAVIOR.

Though Furtrieve, LLC strives to encourage a respectful user experience, it is not responsible for the conduct of any user on or off the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person.

13      DISCLAIMER

Furtrieve Community’s Services are provided “as is” and we do not make, and cannot make, any representations about the content or features of our Services or Member Content.

FURTRIEVE, LLC PROVIDES OUR SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO OUR SERVICES (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FURTRIEVE COMMUNITY DOES NOT REPRESENT OR WARRANT THAT (A) OUR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN OUR SERVICES WILL BE DISCOVERED OR CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH OUR SERVICES WILL BE ACCURATE, COMPLETE, CURRENT OR APPROPRIATE FOR YOUR PURPOSES. FURTHERMORE, FURTRIEVE, LLC MAKES NO GUARANTEES AS TO THE NUMBER OF ACTIVE USERS AT ANY TIME; USERS’ ABILITY OR DESIRE TO COMMUNICATE WITH OR MEET YOU, OR THE ULTIMATE COMPATIBILITY WITH OR CONDUCT BY USERS YOU MEET THROUGH THE SERVICES.

FURTRIEVE, LLC ASSUMES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD-PARTY POSTS, SENDS, RECEIVES, OR ACTS ON THROUGH OUR SERVICES, NOR DOES FURTRIEVE COMMUNITY ASSUME ANY RESPONSIBILITY FOR THE IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF ANY USERS WITH WHOM YOU MAY COMMUNICATE WITH THROUGH FURTRIEVE COMMUNITY. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK. FURTRIEVE, LLC IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, BUT WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, HACKING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER DISRUPTION OR MALFUNCTION.

14      DIGITAL MILLENNIUM COPYRIGHT ACT

We take copyright infringement very seriously. We ask you to help us to ensure we address it promptly and effectively.

Furtrieve, LLC has adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (the “DMCA”). If you believe any Member Content or Our Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (“DMCA Takedown Notice”) including the following:

14.1      A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

14.2      Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;

14.3      Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access disabled and information reasonably sufficient to permit the service provider to locate the material;

14.4      Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

14.5      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 owner, its agent, or the law; and

14.6      A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Any DMCA Takedown Notices should be sent to Furtrieve Support, by phone to 317.325.8010 or via mail to the following address: Copyright Compliance Department c/o Furtrieve, LLC RE: Legal, 9783 East 116^th #67 Fishers, IN 46037.

Furtrieve, LLC will terminate the accounts of repeat infringers.

15      ADS AND THIRD-PARTY CONTENT

You may see ads and third-party promotions on our Services. Furtrieve, LLC does not endorse and isn’t responsible for your interactions with those products or services.

Our Services may contain advertisements and promotions offered by third parties and links to other websites or resources.  In addition, our Services may allow you to watch an advertisement in exchange for Virtual Items; Furtrieve, LLC does not guarantee that you will always be eligible to watch such advertisements, or that any such advertisements will be available.  Furtrieve Community may also provide non-commercial links or references to third parties within its content. Furtrieve, LLC is not responsible for the availability (or lack of availability) of any external websites or resources or their content. Furthermore, Furtrieve, LLC is not responsible for, and does not endorse, any products or services that may be offered by third-party websites or resources. If you choose to interact with the third parties made available through our Services, such party’s terms will govern their relationship with you. Furtrieve, LLC is not responsible or liable for such third parties’ terms or actions.

16      LIMITATION OF LIABILITY

Furtrieve, LLC’s liability is limited to the maximum extent allowed by applicable law.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FURTRIEVE, LLC, ITS AFFILIATES, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, FIXED, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, (II) THE CONDUCT OR CONTENT OF ANY USERS OR THIRD PARTIES ON OR THROUGH ANY OF OUR AFFILIATES’ SERVICES OR IN CONNECTION WITH THE SERVICES; OR (III) ANY UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF FURTRIEVE COMMUNITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FURTRIEVE, LLC’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF (A) $100 USD OR (B) THE AMOUNT PAID, IF ANY, BY YOU TO FURTRIEVE LLC FOR THE SERVICES DURING THE TWENTY-FOUR (24) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT YOU FIRST FILE A LAWSUIT, ARBITRATION OR ANY OTHER LEGAL PROCEEDING AGAINST FURTRIEVE LLC, WHETHER STATUTORY, IN LAW OR IN EQUITY, IN ANY TRIBUNAL. THE DAMAGES LIMITATION SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE APPLIES (i) REGARDLESS OF THE GROUND UPON WHICH LIABILITY IS BASED (WHETHER DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE), (ii) IRRESPECTIVE OF THE TYPE OF BREACH OF RIGHTS, PRIVILEGES, OR OBLIGATIONS, AND (iii) WITH RESPECT TO ALL EVENTS, THE SERVICE, AND THIS AGREEMENT.

THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 16 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

17      DISPUTE RESOLUTION SECTION

In the unlikely event that we have a legal dispute, here is how the Parties agree to proceed, except where prohibited by applicable law.

Any Subsection in this Dispute Resolution Section that is prohibited by law shall not apply to the users residing in that jurisdiction.

INFORMAL DISPUTE RESOLUTION PROCESS

17.1       RESOLUTION PROCESS

If you are dissatisfied with our Services for any reason, please contact Furtrieve, LLC Customer Service first so we can try to resolve your concerns without the need of outside assistance. If you choose to pursue a dispute, claim or controversy against Furtrieve Community, these terms will apply. For purposes of this Dispute Resolution Process and Arbitration Procedures set forth in Section 18, “Furtrieve LLC” shall include our affiliates, employees, licensors, and service providers.

Furtrieve, LLC values its relationship with you and appreciates the mutual benefit realized from informally resolving Disputes. “Dispute” is any dispute, claim, or controversy between you and Furtrieve, LLC that arises from or related in any way to this Agreement (including any alleged breach of this Agreement), the Service, or our relationship with you. “Dispute” as used in this Agreement shall have the broadest possible meaning and include claims that arose before the existence of this or any prior Agreement and claims that arise during the term of this Agreement or after the termination of this Agreement (unless this Agreement is superseded by a subsequent Agreement entered into by you and Furtrieve Community). If you have a Dispute with Furtrieve Community (“Your Dispute”), before formally pursuing Your Dispute in arbitration or small claims court, you agree to first send a detailed notice (“Notice”) to Furtrieve, LLC 9783 East 116^th #67 Fishers, IN 46037 USA. However, if Your Dispute includes individual claims of sexual assault or sexual harassment occurring in connection with your use of the Services, then you are not required to send a Notice before pursuing your claims in accordance with Section 18. If Furtrieve, LLC has a Dispute with you (“Furtrieve LLC’s Dispute”), Furtrieve, LLC agrees to first send a Notice to you at your most recent email address on file with us, or if no email address is on file, other contact information associated with your account. Your Notice must contain all of the following information: (1) your full name; (2) information that enables Furtrieve Community to identify your account, including a picture or screenshot of your profile, your address, mobile phone number, email address, and date of birth you used to register your account if any; and (3) a detailed description of your Dispute, including the nature and factual basis of your claim(s) and the relief you are seeking with a corresponding calculation of your alleged damages (if any). You must personally sign this Notice for it to be effective. Furtrieve LLC’s Dispute Notice must likewise set forth a detailed description of Furtrieve, LLC’s Dispute, which shall include the nature and factual basis of its claim(s) and the relief it is seeking, with a corresponding calculation of our damages (if any). You and Furtrieve, LLC agree to then negotiate in good faith to resolve the Dispute. As part of these good faith negotiations, Furtrieve, LLC may request a telephone conference with you to discuss Your Dispute, and you agree to personally participate, with your attorney if you’re represented by counsel. Likewise, you may request a telephone conference to discuss Furtrieve, LLC’s Dispute with you, and Furtrieve, LLC agrees to have one representative participate. (For the avoidance of doubt, Furtrieve, LLC’s termination of your account, as set forth in Section 11 above, is not Furtrieve, LLC’s Dispute with you.) This informal process should lead to a resolution of the Dispute. However, if the Dispute is not resolved within 60 days after receipt of a fully completed Notice and the Parties have not otherwise mutually agreed to an extension of this informal dispute resolution time period, you or Furtrieve, LLC may initiate an arbitration (subject to a Party’s right to elect small claims court as provided below).

Completion of this informal dispute resolution is a condition precedent to filing any demand for arbitration or small claims court action (except for individual claims of sexual assault or sexual harassment occurring in connection with your use of the Services). Failure to do so is a breach of this Agreement. The statute of limitations and any filing fee deadlines will be tolled while you and Furtrieve Community engage in this informal dispute resolution process. Unless prohibited by applicable law, the arbitration provider, National Arbitration and Mediation (“NAM”), shall not accept or administer any demand for arbitration and shall administratively close any arbitration unless the Party bringing such demand for arbitration can certify in writing that the terms and conditions of this informal dispute resolution process were fully satisfied. A court of competent jurisdiction shall have authority to enforce this provision and to enjoin any arbitration proceeding or small claims court action accordingly.

All offers, promises, conduct, and statements made in the course of the informal dispute resolution process by any party, its agents, employees, and attorneys are confidential and not admissible for any purpose in any subsequent proceeding (except to the extent required to certify in writing that the Party met the requirements of this informal dispute resolution process before commencing a NAM arbitration), provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable.

17.2      INDIVIDUAL RELIEF: CLASS ACTION AND JURY TRIAL WAIVER

TO THE FULLEST EXTENT ALLOWABLE BY LAW, YOU AND FURTRIEVE, LLC EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO LITIGATE DISPUTES IN COURT IN FAVOR OF INDIVIDUAL ARBITRATION (EXCEPT FOR SMALL CLAIMS COURT OR FOR INDIVIDUAL CLAIMS OF SEXUAL ASSAULT OR SEXUAL HARASSMENT OCCURING IN CONNECTION WITH YOUR USE OF THE SERVICES, AS PROVIDED HEREIN). YOU AND FURTRIEVE COMMUNITY EACH WAIVE THE RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER OR OTHERWISE TO SEEK RELIEF ON A CLASS BASIS, INCLUDING ANY CURRENTLY PENDING ACTIONS AGAINST FURTRIEVE, LLC. TO THE FULLEST EXTENT ALLOWABLE BY LAW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, CONSOLIDATED, OR PRIVATE ATTORNEY GENERAL BASIS. THE ARBITRATOR CAN AWARD THE SAME RELIEF AVAILABLE IN COURT PROVIDED THAT THE ARBITRATOR MAY ONLY AWARD FINAL RELIEF (INCLUDING INJUNCTIVE OR DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE FINAL RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD FINAL RELIEF FOR, AGAINST, OR ON BEHALF OF ANYONE WHO IS NOT A PARTY TO THE ARBITRATION ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL BASIS. IF A COURT DETERMINES THAT ANY OF THESE PROHIBITIONS IN THIS PARAGRAPH ARE UNENFORCEABLE AS TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR PUBLIC INJUNCTIVE RELIEF), AND ALL APPEALS OF THAT DECISION ARE AFFIRMED AND SUCH DECISION BECOMES FINAL, THEN YOU AND FURTRIEVE COMMUNITY AGREE THAT THAT PARTICULAR CLAIM OR REQUEST FOR RELIEF SHALL PROCEED IN COURT BUT SHALL BE STAYED PENDING INDIVIDUAL ARBITRATION OF THE REMAINING CLAIMS FOR RELIEF THAT YOU HAVE BROUGHT. IF THIS SPECIFIC PARAGRAPH IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION (EXCEPT FOR THE JURY TRIAL WAIVER AND THE INFORMAL 8RESOLUTION PROCESS) SHALL BE NULL AND VOID. THIS PARAGRAPH IS AN ESSENTIAL PART OF THIS ARBITRATION AGREEMENT.

17.3      DISPUTE RESOLUTION THROUGH ARBITRATION OR SMALL CLAIMS COURT

Any Dispute (that is not resolved informally by Furtrieve, LLC Customer Service or as provided under subsection 19 above) shall be exclusively resolved through BINDING INDIVIDUAL ARBITRATION except as specifically provided otherwise in this Dispute Resolution Section. Notwithstanding the foregoing, either you or Furtrieve, LLC may elect to have an individual claim heard in small claims court, and individual claims of sexual assault or sexual harassment occurring in connection with your use of the Services may be brought in accordance with Section 18. If the request to proceed in small claims court is made after an arbitration has been initiated but before an arbitrator has been appointed, such arbitration shall be administratively closed by the arbitration provider (e.g., NAM). Any controversy over the small claims court’s jurisdiction shall be exclusively determined by such small claims court. No determinations made by a small claims court shall have preclusive effect in any proceeding involving Furtrieve, LLC and anyone other than you. In the event such small claims court specifically determines that it is without jurisdiction to hear the Dispute, you and Furtrieve, LLC shall arbitrate the Dispute under the terms of this Agreement. All other issues (except as otherwise provided herein) are exclusively for the Arbitrator to decide, including but not limited to scope and enforceability of this Dispute Resolution Section and including questions of arbitrability, any request to proceed in small claims court that is made after an arbitrator has been appointed, and any dispute as to whether either Party is in breach or default of the Dispute Resolution Section or has explicitly or implicitly waived the right to arbitrate. If you or Furtrieve, LLC challenges the small claims court election in your Dispute, and a court of competent jurisdiction determines that the small claims court election is unenforceable, then such election shall be severed from this Agreement as to your Dispute. However, such court determination shall not be considered or deemed binding or have preclusive effect with respect to any proceeding involving Furtrieve, LLC and anyone other than you.

Any court proceeding to enforce this Dispute Resolution Section 18, including any proceeding to confirm, modify, or vacate an arbitration award, must be commenced in accordance with Section 18. In the event Dispute Resolution Section 18 is for any reason held to be unenforceable, any litigation against Furtrieve, LLC (except for small claims court actions) may be commenced only in the federal or state courts located in Hamilton or Marion County, Indiana. You hereby irrevocably consent to those courts’ exercise of personal jurisdiction over you for such purposes and waive any claim that such courts constitute an inconvenient forum.

17.4      INDIVIDUAL ARBITRATION AND MASS ARBITRATION PROTOCOLS

This subsection 15d applies to Disputes that are submitted to NAM after fully completing the informal dispute resolution process described in subsection 15a above and when no small claims court election is made by you or Furtrieve, LLC. Any arbitration between you and Furtrieve, LLC shall be administered by NAM in accordance with NAM’s operative Comprehensive Dispute Resolution Rules and Procedures (the “NAM Rules”) in effect at the time any demand for arbitration is filed with NAM, as modified by this Dispute Resolution Section 15. For a copy of the NAM Rules, please visit Rules, Fees & Forms – National Arbitration and Mediation or contact NAM at NAM’s National Processing Center at 990 Stewart Avenue, 1^st Floor, Garden City, NY 11530 or at email address at commercial@namadr.com. If NAM is unable or unwilling to perform its duties under this Agreement, the Parties shall mutually agree on an alternative administrator that will replace NAM and assume NAM’s role consistent with this Agreement and this Agreement will govern to the extent it conflicts with the arbitration provider’s rules. If the Parties are unable to agree, they will petition a court of competent jurisdiction to appoint an arbitration provider who will assume NAM’s duties under this Agreement and this Agreement will govern to the extent it conflicts with the arbitration provider’s rules.

The Parties agree that the following procedures will apply to any Arbitrations initiated under this Dispute Resolution Section (subject to either Party’s small claims court election as described above):

17.4.1Commencing an Arbitration – To initiate an arbitration, you or Furtrieve, LLC shall send to NAM a demand for arbitration (“Demand for Arbitration”) that describes the claim(s) and request for relief in detail, consistent with the requirements in this Agreement and NAM Rules. If you send a Demand for Arbitration, you shall also send it to Furtrieve at Furtrieve, LLC 9783 East 116^th Street #67 Fishers, IN 46037, within 7 days of delivery of the Demand for Arbitration to NAM. If Furtrieve, LLC sends a Demand for Arbitration, we will also send it to your mailing address on file with us within the same 7-day period. If your mailing address is unavailable, we will send it to your email address on file, or if no email address is on file, other contact information associated with your account. The arbitration provider shall not accept or administer any demand for arbitration and shall administratively close any such demand for arbitration that fails to certify in writing that the Party meets the requirements of Dispute Resolution Section 15 or if either Party elects small claims court as set forth above.

17.4.2Fees – The payment of NAM fees shall be governed by the NAM Rules, except to the extent that the case is a part of a Mass Filing (as defined below) or the NAM fees and costs (including Arbitrator fees) paid by either Party are reallocated upon order of the Arbitrator following a determination that (a) either Party breached Section 15 of this Agreement, (b) such reallocation is called for under this Agreement, or (c) reallocation is otherwise permitted under applicable law. Upon a showing to Furtrieve, LLC of your financial hardship we will consider a good faith request made by you to pay your portion of the applicable consumer portion of the filing fee. Furtrieve, LLC is committed to ensuring that arbitration costs to consumers do not serve as a barrier to the adjudication of disputes. If Furtrieve, LLC initiates an arbitration against you, we shall pay all NAM fees.

17.4.3The Arbitrator – The arbitration shall be conducted by a single, neutral arbitrator (the “Claim Arbitrator”), as assisted by any Process Arbitrator appointed under NAM Rules. (The term “Arbitrator” applies to both the Claim Arbitrator and the Process Arbitrator). If a hearing is elected by either Party, the Arbitrator shall be in or close to the location in which you reside. The Arbitrator is bound by and shall adhere to this Agreement. In the event NAM Rules conflict with this Agreement, the terms of this Agreement shall control. If the Arbitrator determines that strict application of any term of Section 15 of this Agreement (except for the small claims election, which shall be determined by the small claims court) would result in a fundamentally unfair arbitration (the “Unfair Term”), then the Arbitrator shall have authority to modify the Unfair Term to the extent necessary to ensure a fundamentally fair arbitration that is consistent with the Terms of Use (the “Modified Term”). In determining the substance of a Modified Term, the Arbitrator shall select a term that comes closest to expressing the intention of the Unfair Term.

17.4.4Dispositive Motions – The Parties agree that the Claim Arbitrator shall have the authority to consider dispositive motions without an oral evidentiary hearing. Dispositive motions may be requested under the following circumstances: (a) within 30 days after the Claim Arbitrator’s appointment, a Party may request to file a dispositive motion based upon the pleadings; and (b) no later than 30 days prior to the evidentiary hearing, a Party may request to file a dispositive motion for summary judgment based upon the Parties’ pleadings and the evidence submitted.

17.4.5Discovery –Each Party may (a) serve up to five requests for relevant, non-privileged documents from the other Party; and (b) request that the other Party provide verified responses to no more than 5 relevant interrogatories (including subparts). Unless both Parties agree otherwise, no other forms of discovery (including depositions) may be utilized. Any such discovery requests must be served on the other Party within 21 days after the Claim Arbitrator’s appointment. The responding Party shall provide the requesting Party with all responsive, non-privileged documents, responses signed by the Party themselves to the requested interrogatories, and/or any objections to the requests within 30 days after receipt of the requests, or, in the event of an objection to any discovery request, 30 days after the Claim Arbitrator resolves the dispute. In the event either Party requests that the Claim Arbitrator consider a dispositive motion on the pleadings, such written discovery response deadlines shall be extended until 30 days following the Claim Arbitrator’s final decision on such dispositive motion. If after meeting and conferring the Parties cannot agree on a dispute about discovery or a request for extension, that matter shall be submitted promptly to the Claim Arbitrator for resolution. In ruling on any discovery matter, the Claim Arbitrator shall take into consideration the nature, amount, and scope of the underlying arbitration claim, the cost and other effort that would be involved in providing the requested discovery, the case schedule, and the extent to which the requested discovery is truly necessary for the adequate preparation of a claim or defense, and NAM’s goal of efficient and economical resolutions. The burden of establishing good cause for any additional discovery is on the moving Party.

17.4.6Confidentiality – Upon either Party’s request, the Arbitrator will issue an order requiring that confidential information of either Party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted court filing of confidential information must be done under seal.

17.4.7Arbitration Hearing – You and Furtrieve, LLC are entitled to a fair evidentiary hearing (i.e. trial) before the Claim Arbitrator. Arbitration proceedings are usually simpler, less costly, and more streamlined than trials and other judicial proceedings. The Parties agree to waive all oral hearings and instead submit all disputes to the Claim Arbitrator for an award based on written submissions and other evidence as the Parties may agree, unless a Party requests an oral hearing at least within 10 days after the Respondent files a response. If an oral evidentiary hearing is requested, both Parties must be personally present at the hearing, regardless of whether either Party has retained counsel. Both Parties must personally attend the hearing. Either Party’s failure to personally attend the hearing, without a continuance ordered by the Claim Arbitrator for good cause, will result in a default judgment taken against that Party.

17.4.8Arbitration Award – Regardless of the format of the arbitration, the Claim Arbitrator shall provide a reasoned decision, in writing within 30 days after the hearing or, if no hearing is held, within 30 days after any rebuttal or supplemental statements are due. The decision must clearly specify the relief, if any, awarded and contain a brief statement of the reasons for the award. The arbitration award is binding only between you and Furtrieve, LLC and will not have any preclusive effect in another arbitration or proceeding that involves a different Party. The Claim Arbitrator may, however, choose to consider rulings from other arbitrations involving a different Party. The Arbitrator may award fees and costs as provided by the NAM Rules or to the extent such fees and costs could be awarded in court. This includes but is not limited to the ability of the Arbitrator to award fees and costs if the Arbitrator determines that a claim or defense is frivolous or was brought for an improper purpose, for the purpose of harassment, or in bad faith.

17.4.9Offer of Settlement – The Respondent may, but is not obligated to, make a written settlement offer to the opposing Party any time before the evidentiary hearing or, if a dispositive motion is permitted, prior to the dispositive motion being granted. The amount or terms of any settlement offer may not be disclosed to the Claim Arbitrator until after the Claim Arbitrator issues an award on the claim. If the award is issued in the opposing Party’s favor and is less than the Respondent’s settlement offer or if the award is in the Respondent’s favor, the opposing Party must pay the Respondent’s costs incurred after the offer was made, including any attorney’s fees. If any applicable statute or case law prohibits the flipping of costs incurred in the arbitration, then the offer in this provision shall serve to cease the accumulation of any costs that claimant may be entitled to for the cause of action under which it is suing.

17.4.10                 Mass Filing – If, at any time, 25 or more similar demands for arbitration are asserted against Furtrieve, LLC or related parties by the same or coordinated counsel or entities (“Mass Filing”), consistent with the definition and criteria of Mass Filings set forth in the NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures (“NAM’s Mass Filing Rules”, available at Rules, Fees & Forms – National Arbitration and Mediation), the additional protocols set forth below shall apply.

17.4.11                 If you or your counsel file a Demand for Arbitration that fits within the definition of Mass Filing referred to above, then you agree that your Demand for Arbitration shall be subject to the additional protocols set forth in this Mass Filing subsection. You also acknowledge that the adjudication of your Dispute might be delayed and that any applicable statute of limitations shall be tolled from the time at which the first cases are chosen to proceed until your case is chosen for a bellwether proceeding.

17.4.12                 NAM’s Mass Filing Rules shall apply if your Dispute is deemed by NAM, in its sole discretion pursuant to its Rules and this Dispute Resolution Section, to be part of a Mass Filing. Such election for NAM’s Mass Filing Rules and related fee schedule must be made by either you or Furtrieve Community in writing and submitted to NAM and all Parties.

Bellwether Proceedings. Bellwether proceedings are encouraged by courts and arbitration administrators when there are multiple disputes involving similar claims against the same or related parties. For the first set of bellwether proceedings, counsel for the Mass Filings claimants (including you) and counsel for Furtrieve, LLC shall each select 15 Demands for Arbitration (30 total) to proceed, and no more than those 30 arbitrations shall be filed, processed, adjudicated, or pending at such time, with each of the 30 individual arbitrations presided over by a different Claim Arbitrator. During this time, no other Demands for Arbitration that are part of the Mass Filings may be filed, processed, adjudicated, or pending.

If the Parties are unable to resolve the remaining Demands for Arbitration after the first set of bellwether proceedings are arbitrated or otherwise resolved, then the Parties will continue to engage in the bellwether proceedings for an additional four (4) rounds, increasing the amount of Demands for Arbitration selected by counsel for each Party by five (5) with each round, so that during the second round, counsel for the Claimants and counsel for Furtrieve, LLC shall each select an additional 20 Demands for Arbitration (40 total), in the third round, 25 each (50 total), in the fourth round, 30 each (60 total), and in the fifth round 35 each (70 total).  Within each round, each of the individual arbitrations is to be presided over by a different Claim Arbitrator, and during these additional rounds of the bellwether proceedings, no other Demands for Arbitration that are part of the Mass Filings may be filed, processed, or adjudicated once selected by the Procedural Arbitrator. Following the first round of bellwether proceedings, but before the second round of bellwether proceedings, counsel for the Parties shall participate in a global mediation, before a retired federal or state-court judge (unless the Parties agree otherwise), with Furtrieve, LLC to pay the mediator’s fees. Following the second, third, fourth, and fifth rounds of bellwether proceedings, counsel for both parties should discuss additional mediation and seek out opportunities to resolve the remaining Demands for Arbitration but will only proceed with mediation upon consent of counsel for all Parties.

If the Parties are unable to resolve the remaining Demands for Arbitration after the fifth set of bellwether proceedings are arbitrated or otherwise resolved, and the Parties decide to not continue with additional rounds of bellwether proceedings, then counsel for the Claimants and counsel for Furtrieve, LLC shall discuss with NAM a fair process for individually adjudicating the remaining Demands for Arbitration. Under this process, the Procedural Arbitrator will make the final decision on the number of Demands for Arbitration that can proceed individually at any time, as well as a method for selecting which Demands for Arbitration will proceed, taking into account the number of individual arbitrations that counsel for Claimants and counsel for Furtrieve, LLC are able to reasonably manage at the same time, as well as the number of individual arbitrations that NAM is able to administer. A Demand for Arbitration that was not included in the bellwethering process will only be deemed filed, processed, or adjudicated once selected by the Procedural Arbitrator. At any time after the first set of Demands for Arbitration are resolved (30 Demands for Arbitration total), the Parties may agree to forgo the bellwether proceedings for any additional Demands for Arbitration deemed to be part of the Mass Filings. Fees associated with a Demand for Arbitration included in the Mass Filings, including fees owed by Furtrieve, LLC and the Claimants (including you), shall only be due after the Demand for Arbitration is chosen to proceed as part of a set of bellwether proceedings, or after being selected by the Procedural Arbitrator to proceed upon completion of the bellwether proceedings, and therefore properly designated for filing, processing, and adjudication. The Parties are encouraged to meet and confer throughout this process regarding ways to streamline the proceedings, including discussion of potential ways to increase the number of Demands for Arbitration to be adjudicated in sets of staged bellwether proceedings. Either Party may negotiate with NAM as to reducing and deferring fees and streamlining procedures. If you are a Mass Filing claimant, any applicable statute of limitations (or other applicable limitations period) shall be tolled beginning when you initiate the informal dispute resolution process set forth in subsection 15a of the Agreement, and if the first Mass Filings’ Demands for Arbitration that are chosen for the initial set of bellwether proceedings have been filed, your claims will remain tolled until your Demand for Arbitration is either selected by counsel for the Parties in the bellwether proceedings or selected by the Procedural Arbitrator following completion of the bellwether proceedings. A court of competent jurisdiction located in a venue allowed under Section 17 of the Agreement shall have the power to enforce this subsection.

17.4.13               You and Furtrieve, LLC agree that we each value the integrity and efficiency of the arbitration and small claims court process and wish to employ the process for the fair resolution of genuine and sincere Section 17s between us. You and Furtrieve, LLC acknowledge and agree to act in good faith to ensure the fair resolution of genuine and sincere Disputes. The Parties further agree that application of these Mass Filings procedures have been reasonably designed to result in an efficient and fair adjudication of such cases.

17.5. FUTURE CHANGES AND RETROACTIVE APPLICATION

This Dispute Resolution Section 19 applies to all Disputes between the Parties, including for any claims that accrued against you or Furtrieve, LLC prior to the time of your consent to this Agreement and to any claims that accrue against you or Furtrieve, LLC after your consent to this Agreement. Notwithstanding any provision in this Agreement to the contrary, you may elect to opt out of the retroactive application of this Dispute Resolution Section 19 as to claims that have accrued against you or against Furtrieve Community prior to the time of your consent to this Agreement. You may opt out by sending us written notice, within 30 days of the time you consent to this Agreement, to the following email address: info@furtrievecommunity.com. Please do not direct any customer support inquiries to info@furtrieve.com as they will not be addressed; such inquiries should be directed to customer support. You must include information sufficient to identify your account(s), such as the email address or phone number associated with your account(s), and should include a statement that you are opting out of the retroactive application of this Dispute Resolution Section 19. Please note: if you opt out of the retroactive application of this Dispute Resolution Section 19, you will still be subject to and bound by any Dispute Resolution Sections and Arbitration Procedures you previously agreed to, including any arbitration provisions, class action waivers, and retroactive application sections. Also, regardless of whether you opt out of the retroactive application of these changes, the Parties will resolve any claims that accrue against you or Furtrieve, LLC after your consent to this Agreement in accordance with this Dispute Resolution Section.

18      GOVERNING LAW

Indiana law and the Federal Arbitration Act will apply to any Dispute (except where prohibited by law).

The laws of Indiana, U.S.A., without regard to its conflict of laws rules, shall explicitly apply to any Dispute arising out of or relating to this Agreement or our Services, and the Dispute Resolution Process set forth in Section 19 shall be governed by the Federal Arbitration Act.

19      VENUE/FORUM SELECTION

To the fullest extent allowable by law, any claims that are not arbitrated for any reason must be litigated in Hamilton County, Indiana (except for claims filed in small claims court.

Except where prohibited by law, who may bring claims in their country of residence in accordance with applicable law, and except for claims that are heard in a small claims court as set forth in Section 15, any claims arising out of or relating to this Agreement (including any challenges to the class action waiver provision in subsection 15b), to our Services, or to your relationship with Furtrieve, LLC that for whatever reason are not required to be arbitrated or filed in small claims court, will be litigated exclusively in the federal or state courts located in Hamilton County, Indiana, U.S.A. You and Furtrieve Community consent to the exercise of personal jurisdiction of courts in the State of Indiana and waive any claim that such courts constitute an inconvenient forum.

20      INDEMNITY BY YOU

You agree to indemnify Furtrieve, LLC if a claim is made against Furtrieve, LLC due to your actions.

You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless Furtrieve, LLC, our affiliates, and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of our Services, Your Content, your conduct toward other users, or your breach of this Agreement. SOME JURISDICTIONS DO NOT ALLOW INDEMNIFICATION, SO SOME OR ALL OF THIS SECTION MAY NOT APPLY TO YOU.

21      ACCEPTANCE OF TERMS

By using our Services, you accept the Terms of this Agreement.

By using our Services, whether through a mobile device, mobile application, or computer, you agree to be bound by (i) these Terms, which we may amend from time to time, (ii) our Privacy Policy, Community Guidelines and Safety Tips (iii) any Additional Terms Upon Purchase. If you do not accept and agree to be bound by all of the terms of this Agreement, you are not entitled to use our Services.

All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural as the identity of the entities or persons referred to any require.

22      ENTIRE AGREEMENT

This Agreement supersedes any previous agreements or representations.

These Terms, with the Privacy Policy, Community Guidelines, and Safety Tips and any Additional Terms Upon Purchase, contain the entire agreement between you and Furtrieve, LLC regarding the use of our Services. The Terms supersede all previous agreements, representations, and arrangements between us, written or oral. If any provision of these Terms is held invalid, illegal, or otherwise unenforceable, the remainder of the Terms shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that your Furtrieve, LLC account is non-transferable and all your rights to your account and its content terminate upon your death, unless otherwise provided by law. Any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created because of these Terms, and you may not make any representations on behalf of or bind Furtrieve, LLC in any manner.

23      SPECIAL TERMS FOR RESIDENTS OF CERTAIN LOCATIONS

Special terms apply in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin.

For subscribers residing in New York:

o   The Services do not guarantee any number of “referrals” – rather, the functionality of the Services is such that the subscriber can view as many profiles as he/she would like;

o   Upon notice in writing and delivered to Furtrieve , LLC Legal, 9783 East 116^th #67 Fishers, IN 46037, USA, subscribers may place their subscription on hold for up to one year;

o   How your information is used and how you may access your information is set forth in Section 5 and our Privacy Policy;

o   You may review the New York Dating Service Consumer Bill of Rights;

For subscribers residing in North Carolina:

o   You may review the North Carolina Buyer’s Rights.

For subscribers residing in Illinois, New York, North Carolina and Ohio:

o   Our Services are widely available in the United States – if you believe that you have moved outside a location where we provide the Services, please contact us in writing delivered to Furtrieve, LLC Legal, P.O. Box 9783 East 116^th #67 Fishers, IN, USA, and we will work with you to provide alternative services or a refund.

For subscribers residing in Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island and Wisconsin:

Your Right to Cancel – You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. If you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use our Services) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the Company notice in the same manner as you request a refund as described above in Section 8.