FIZNO’S PLATFORM TERMS OF SERVICE

Osborne Enterprises Inc and its related entities, doing business as Fizno (collectively referred to herein as “Fizno,” “us,” “we” or “our”) provide a platform facilitating the purchase and sale of a variety of new and usedproducts. You may use The Platform by registering as a member and setting up a store as a merchant or an account as a shopper on our website, through our social media pages or through your mobile phone. In the future, you may be able to use the Platform by downloading a mobile software application to your mobile device.To use the Platform, you must agree to these Terms of Service.

PLEASE READ THESE TERMS OF SERVICE BEFORE ACCESSING, ACTIVATING OR OTHERWISE USING FIZNO’S WEBSITE, MOBILE SOFTWARE APPLICATION, OR ITS RELATED SERVICES (COLLECTIVELY, “PLATFORM”). BY CLICKING THE “I AGREE” BUTTON OR OTHERWISE USING THE PLATFORM, EITHER INDIVIDUALLY, OR ON BEHALF OF ANY BUSINESS ENTITY FOR WHICH YOU HAVE REGISTERED AS A MEMBER OR OPENED AN ACCOUNT, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO, AND AGREE TO BE BOUND BY, THESE TERMS OF SERVICE. UNLESS OTHERWISE STATED, “YOU” OR “YOUR” REFERS TO ALL USERS OF THE PLATFORM.

HIGHLIGHTS:

-Fizno is a fee-based membership marketplace Platform for merchants and shoppers. Fees may be determined by product category, membership term or other basis and may change from time to time. The membership fee is non-refundable. Fizno does not charge a per-transaction fee; however its third party payment processor may charge additional fees, either to you directly, or that Fizno must charge to you and then pay directly to the payment processor. See Fizno’s current fee structure at Fizno Membership & Fees.

-Fizno does not investigate or monitor the quality of a participating merchant’s goods. Participating merchants, and not Fizno. are responsible for goods sold through the Platform. Any complaints with respect to goods purchased from, or any aspect of your experience with, a merchant must be made directly with the merchant. Membership does not represent Fizno’s endorsement or sponsorship of a merchant or its products.

-Fizno’s Platform uses third party payment processors, such as PayPal, that do not require you to provide credit card information to Fizno or participating merchants. Fizno does not collect credit card numbers. Section B’s discussion on Collection and Use of Information discloses how Fizno collects, uses, shares and secures information it does collect in connection with the Platform.

-Uploaded images become public, meaning they may be seen, accessed and used for any purpose. You authorize Fizno to use information collected through your use of its Platform as well as from other sources, in its discretion, for any legal purpose, including to deliver advertising and other commercial or sponsored content.

A.            Using the Platform.

1.             Membership: To use The Platform, merchants and shoppers must pay the applicable nonrefundable membership fee and create an account or store (“Account). At that time, if you have not already done so, please read these Terms of Service. When you set up an Account, you authorize Fizno and/or its third party payment provider to make such credit and other investigative inquiries, including to banking and other financial entities, as may be appropriate to validate registration and financial information both prior to authorizing your Account initially as well as from time to time. You select a user name and password and must provide a valid email address so that Fizno may confirm your registration. You agree that Fizno may communicate all messages and notifications to you electronically to your email address, through your mobile device and/or otherwise through the Platform. You agree that your Account may be terminated should you revoke your consent to receiving messages or notifications electronically. You may also provide information to enable Fizno to integrate or sync with your various social networking sites. If you do, you authorize Fizno to collect images from your pages on those sites as well as through your Platform Account.

 

2.         Using Your Account:

2.1       Editing Account Information/Settings: Members may edit their Account information and change your Account settings, for example, to add/delete devices, change their user names/passwords, update their email addresses at any time by logging in and clicking the “Edit Settings” tab.

2.2       Uploading Images. You may use your Account to upload, store, share and alter images saved to your Account. When you do so, you give Fizno permission to use them in connection with commercial, sponsored or related content. As a result, uploaded images may become public, meaning they may be seen, accessed and used by anyone, including Fizno, for any purpose. You agree you will not upload images owned by another, including the photographer, without that individual’s permission. You should not assume that you have the right to use, post or share images just because you found them on the internet. You are solely responsible for acquiring the rights (including all copyrights, brand and trademark rights) to all images you upload, including the consent of individuals depicted in the images.You, and not Fizno, are responsible if your use of the Platform infringes anyone’s intellectual property or privacy rights.

2.3       Purchases and Refunds. Through your Account, you may shop with any participating merchants.Fizno does not pre-screen participating merchants who set up stores nor does it screen goods or the terms of sale. Although the product image is still visible in the store, products may be out of stock or no longer available. Please direct any questions, complaints and/or claims you may have to the applicable merchant and not Fizno.Please note that Fizno is not involved in resolution of disputes between shoppers and merchantsand has no responsibility for a merchant’s store, goods, the security of any information provided to the merchant and/or the ability to access a participating merchant’s store. Participating merchants, and not Fizno, are responsible for the quality and availability of their goods, terms of sale and fees, such as price and shipping.Fizno may facilitate users’ ability to review participating merchants; however, these reviews are not verified by Fizno for accuracy.

2.4       Eligibility. Members must (i) provide true, accurate and complete information as prompted; (ii) not impersonate or misrepresent its identity or permit anyone else to do so; and (iii) maintain and promptly update all registration information to keep it true, accurate, current and complete. Members are cautioned that it is their responsibility to review and update all Account information. Although the Platform is not directed to children under 13 years of age, it does not verify the ages of its Account-holders. Fizno’s reasonable expectations are that a child under age 13 will not have the applicable financial resources to become a member or use the Platform without a parent, legal guardian or other adult. Fizno does not intentionally collect information about children under age 13. Please contact Fizno promptly if you believe that a child under the age of 13 has provided Fizno with his/her personal information so that the information may be deleted.

2.5       Unauthorized Use/Abuse: You are responsible for the safety and security of your Account information, including all Account activity, user names, passwords or other security features through which you use the Platform or access your Account. Anyone accessing, or with whom you share, this information will be deemed to be an authorized user of your Account and Fizno may rely upon any instructions, authorizations, approvals, consents or other actions received. You are responsible for all transactions initiated, images and comments uploaded and any other Account activity by anyone using your user name, password or other unique identifiers associated with your Account and the actions of any such persons will be deemed to be your actions. You should promptly notify Fizno of any loss, unauthorized use or theft of the user name or password associated with your Account and/or if you suspect fraudulent or abusive activity.

You are also responsible for the content of your submissions to the Platform. Although Fizno does not actively monitor your submissions, anything Fizno determines, in its sole discretion, to be libelous, defamatory, obscene, pornographic, abusive, threatening, discriminatory, hateful, disruptive, repetitive, meaningless, or illegal may be removed and your Account suspended or terminated.

 

Fizno does not endorse any merchants, products or other material uploaded to the Platform and disclaims any liability for merchant activities or products. Although it has no obligation to do so, Fizno may monitor and reserves the right to decide if images or other content violates these Terms of Service. Fizno may remove unauthorized commercial material, infringing images or misleading, abusive, threatening, violent, harassing or hateful comments and/or consolidate comments with similar content or subject matter.

2.6       Availability/Interruption: Fizno does not guarantee that the Platform (or any portion thereof) will be available at all times and/or in all geographic regions. The Platform is subject to transmission and GPS limitations and any telecommunications interruptions. You acknowledge and agree that Fiznois neither responsible for availability, performance degradation, interruption or delays nor will it be liable to you if the Platform is not available. You must not do anything that could disable, burden or impair any aspect of the Platform or anyone else’s ability to use it.

2.7       Prohibited/Restricted Products. Fizno prohibits the sale of illegal, banned, and/or embargoed or regulated items, and restricts the sale of certain categories of items. For a comprehensive list of prohibited items see Prohibited and Restricted Items. Merchants wishing to sell internationally should regularly review information provided by the Office of Foreign Assets Control about countries, organizations, individuals (see a list of specially designated nationals https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx) and/or items subject to sanction or embargo at https://www.ustreas.gov/offices/enforcement/ofac/programs/index.shtml. Other helpful websites include the Office of Foreign Assets Control at https://www.treasury.gov/about/organizational-structure/offices/Pages/Office-of-Foreign-Assets-Control.aspxand the United States Department of Commerce’s Bureau of Industry and Security at http://www.bis.doc.gov/. Non-compliant items listed for sale on the Platform may be removed and your Account suspended or terminated.

2.8       Account Termination: You may terminate your Account at any time; however, termination neither entitles you to refund of any unused portion of your membership fee nor your obligation to pay fees owed to merchants prior to termination. To terminate your Account and further use of the Platform at any time, simply contact FiznoCustomer Support Service at support@fizno.com or (844) 349-6600. Please note that, if and when Fizno develops a mobile software application, uninstalling Fizno’s mobile software application from your mobile device will not terminate your Account. Fizno may suspend or terminate your Account and/or your access to all or any part of the Platform at any time with or without notice to you if you violate these Terms of Service, or for any reason in its discretion.

B.            Privacy; Collection and Use of Information.

1.             Information Collection: Anyone may visit the Platform without revealing personally identifiable information (“PII”). However, when you set up an Account you must provide a valid email address, and installing the mobile application software, if available, requires disclosure of your mobile telephone number. This enables Fizno to send an email and/or text message back to you confirming your registration and to communicate with you. If you create an Account through digital/social media, such as Facebook, and give Fizno permission to access your account, the Platform will collect all data associated with your digital media account. If location is enabled on your mobile device, your device may send Fizno real time information regarding your actual location, including GPS data. You consent to Fizno’s use of your location information. If you do not want Fizno to use location-based information, please put “Location Services” in the off position or click “DON’T ALLOW” when your mobile device requests your location-based information.

Information collected that you do not expressly provide or that is gathered without your specific consent is anonymous and cannot personally identify you. For example, Fizno, its business partners and other companies providing services to or on behalf of Fizno (for example, companies assisting with the operation or features of the Platform, advertising and promotional campaigns, surveys, contests and the like) may use various technologies (such as cookies, web beacons, pixel tags, click-through URL links) to collect non-personally identifiable information discernable as a result of your use of the Platform or through your browser. Your IP address, browser data, web pages requested or viewed, date, time and domain type, demographic information and responses to surveys, promotions and advertisements are examples of the types of information collected as a result of your visits. Fizno also gathers data generated by your use of your mobile device. The types of mobile devices used, each mobile device’s unique ID, its IP address, operating system, browser and carrier data, usage statistics and metrics and precise, real time location based information if activated, are examples of the types of information collected as a result of your use of your mobile device to access or use the Platform. Some of the information collected, when combined with data from other sources, could ultimately identify you personally. As technology evolves, information may be gathered through other means as well.

More About Cookies: To make the Platform work properly, and to provide the most relevant products to Platform visitors and members, when you visit the Platform, Fizno places small text files called cookies on your computer or mobile device. Cookies are then sent back to the originating website on each subsequent visit, or to another website that recognizes that cookie, to develop a record of online activity. Cookies may be delivered in a first-party (set by the Platform) or third-party (set by another website) context and may also be set in association with emails you receive from us. Cookies help Fizno and its third party service providers enhance your experience when using the Platform. They also help us understand how people use the Platform, such as which pages are most popular, so Fizno can better serve Platform users and members. You can manage your cookie preferences through your browser.

 

Some cookies are essential to facilitate use of the Platform, some analytical and some for marketing purposes. Google Analytics cookies to collect information about how visitors use the Platform. These cookies collect information in the aggregate to give insight into how the Platform is being used. Fizno anonymizes IP addresses in Google Analytics, and the anonymized data is transmitted to and stored by Google on servers in the United States. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google.Fizno also uses a marketing database management program that deploys a cookie when a user interacts with a marketing communication, such as a marketing email or a marketing-based landing page on the Platform. This cookie collects personal information such as your name, which pages you visit on the Platform, your history arriving the Platform, your purchases from merchants, and the like. Collected information is used to evaluate the effectiveness of our marketing campaigns or to provide better targeting for marketing.

 

Third party cookies are cookies set by someone other than Fizno, such as merchants, for purposes such as collecting information on user behavior, demographics, or personalized marketing. When using the Platform, you may encounter embedded content, such as YouTube videos, or you may be directed to other websites for such activities as surveys, to make payment in currency other than U.S. dollars, or for other purposes. These websites and embedded content may use their own cookies. Fizno not have control over the placement of cookies by other websites, even if you are directed to them from the Platform.

 

Many of the cookies used on the Platform and through emails can be enabled or disabled by disabling the cookies through your browser. To disable cookies through your browser, follow the instructions usually located within the “Help,” “Tools” or “Edit” menus in your browser. Please note that disabling a cookie or category of cookies does not delete the cookie from your browser unless manually completed through your browser function.

 

Fizno does not access, receive or store information you provide to, or that is collected by, merchants, including any information you provide in connection with your purchases. In addition, through its third party service providers, the Platform honors Do Not Track signals received from web browsers.

 

2.         Use of Collected Information: Fiznouses information it collects for a variety of purposes. These include maintaining and administering the Platform, diagnosing and fixing issues, tracking browsers, researching and identifying trends and patterns, measuring and reporting learning, internal record-keeping and reporting, performance and other statistical information, all of which assists Fizno in better understanding how the Platform is used, and how it may be improved. The Platform automatically collects information regarding transactions made through your Account. Third parties providing services to or on behalf of Fizno will have access to your information as necessary to perform their services. Fizno may also use and/or share your information with third parties to promote their products and services, for cross-promotion and other legal purposes, including complying with governmental inquiries and legal orders.

If Fizno, is or should it become, part of a family of companies, unless otherwise prohibited by law, all companies within the Fiznofamily may share information collected as a result of your use of the Platform. If Fizno, or a division or unit of Fizno, were to sell all or any part of the Platform, merge with or be acquired by one or more third parties or if it were to cease operations, Fiznomay transfer, sell or assign information collected through use of the Platform. The information would then be subject to the acquiring entity’s privacy terms which may be different from those of Fizno. As a result, one or more of these entities may contact you directly. Also, Fizno may comply with any lawful request for a Member’s record or information.

2.             Information Security; Storage: Please note that the internet and wireless telecommunications networks are open media and no data transmission via the internet or mobile device can be guaranteed to be 100% secure. As a result, Fizno cannot guarantee or warrant the security of any information you disclose or transmit via the internet and/or your mobile device and vice versa. Fizno is not responsible for the theft, destruction, or inadvertent disclosure of any information you disclose. You acknowledge this risk when using the Platform. Email is not a secure communication method and should never be used to transmit credit card, bank account or other sensitive information. Your internet service provider, telecommunications carrier and other third parties may have access to the information transmitted. Fizno has no control over and you should contact your internet service provider or mobile carrier to better understand their treatment of information transmitted. Fizno also has no control over collection or use of your information by merchants or other third parties whose websites, products or services you may access as a result of using the Platform. You should contact those third parties directly to better understand their privacy practices generally and their treatment of any information they may collect.

Fizno stores information about you collected through the Platform as well as that obtained from other sources in its database in the United States in accordance with U.S. laws.Some state laws give you have the right to request information regarding the third parties with whom Fiznohas shared information that personally identifies you for direct marketing purposes during the past year. Upon request, you will receive the following information within 30 days of receipt of your request: (i) the types of personal information disclosed to third parties during the immediately preceding calendar year, (ii) the names and addresses of third parties that received the personal information, and (iii) if the nature of a third party’s business cannot be reasonably determined from the third party’s name, examples of its products or services. Please note that the information provided will not be specific to you individually. Please contact Fizno through one of the means shown at the end of these Terms of Service to request this information.You may opt-out of sharing your PII with third parties by contacting Fizno through this link info@fizno.com or one of the means shown at the end of these Terms of Service.

Fizno is headquartered in the United States. Information it collects from you will be processed and stored in the United States by Fizno and on the servers of the cloud-based database management services Fizno engages, located in the United States. The Platform retains data for the duration of the customer’s or member’s business relationship with Fizno and for a period of time thereafter to allow members to recover Accounts if they decide to renew, to analyze the data for Fizno’s own operations, and for historical and archiving purposes associated with Fizno’s operations as a member-based organization. For more information on where and how long your personal data is stored, and for more information on your rights of erasure and portability, please contact the Fizno at info@fizno.com.

 

The United States has not sought nor received a finding of “adequacy” from the European Union under Article 45 of the GDPR, meaning your information may be stored, transmitted and shared in accordance with United States data privacy laws which may not be equivalent to those in effect in your country of residence. The Platform relies on the “Derogations for specific situations” set forth in Article 49 of the GDPR. In particular, Fizno collects and transfers to the U.S. personal data only: with your consent; to perform a contract with you; or to fulfill a compelling legitimate interest of the Platform in a manner that does not outweigh your rights and freedoms. Fizno endeavors to apply suitable safeguards to protect the privacy and security of your personal data and to use it only consistent with your relationship with the Platform and the practices described in these Terms of Service. If you are not a resident of the United States and/or access the Platform outside the United States, any PII you provide or that is automatically collected by the Platform will be processed and maintained in the United States.

 

C.         Proprietary Rights: The Platform includes and is provided through a combination of Fizno’s network of websites and web pages, (including that located at www.fizno.com) and such others as may exist from time to time, Fizno’s proprietary Technology and Equipment enabling its provision of the Platform. “Technology” means Fizno’s proprietary and third party software, code, programs, tools, Platform design and architecture, APIs, libraries, databases and data used to provide the Platform. The Platform includes the “look and feel” of its websites, all Marks, graphics, pictures, audio, video, software code, functionality, features and content and the collection, compilation, assembly and arrangement of all of the foregoing. “Equipment” means any hardware or networks associated with enabling or facilitating use of the Platform, including without limitation, your mobile device. The term “Marks” includes, without limitation, the word “Fizno,” the Fizno Platform logo, and any other statutory and common law trademarks, trade names, service marks, trade dress, logos and slogans, individually and/or as may be combined with one another, used by Fizno. The Platform also includes without limitation, all features, components, functionality and capabilities and all modifications, new versions, new features, enhancements and improvements to the Technology, Equipment and Marks, all derivatives thereof and thereto, and all copyrights, patents, trade secrets, trademarks and other intellectual property rights therein and thereto, all of which are owned by or under license to Fizno, are protected by all applicable United States and international intellectual property laws and may only be used as permitted by these Terms of Service. This includes use of Fizno’s website addresses or Marks in page text, as key words, meta tags or any other ‘hidden text.”

 

Fizno gives you a restricted license to access and use the Platform solely in the manner and as permitted by these Terms of Service. You may not duplicate, download, copy or make any commercial use (other than as expressly permitted) of all or any part of the Platform or Marks, use any data gathering or extraction tools, reverse engineer the Platform or attempt to circumvent its security features.

 

D.         Modifications to the Agreement/the Platform. From time to time, Fiznomay update or change these Terms of Service, including the terms affecting privacy, for any reason. Fizno reserves the right to amend these Terms of Service, including the privacy terms at any time, for any reason, without notice to you other than posting the amended terms on the Platform. Fizno may email periodic reminders of its notices and service terms and will email its members with material changes. But please consult these Terms of Service regularly to see the current Terms of Service, in particular those affecting privacy, and for any changes. Your subsequent use of the Platform will signify your consent to these changes/new terms. Fizno may also change any part of the Platform, including disabling or expanding features and capabilities, interrupting, restricting, modifying or discontinuing, temporarily or permanently, without cause and without notice to you. You agree that Fiznoshall not be liable to you or to any third party for any modification, suspension or discontinuance of the Platform.You will be notified if a new version of Fizno’s mobile software application is available and you will be asked if you wish to upgrade to the new version. If you do not upgrade to the new version of Fizno’s mobile software application,you may continue to use the Platform however some features or functionality provided by the new version may not be available to you.

 

E.         DISCLAIMERS; LIABILITY LIMITS.

1.         NO WARRANTIES : YOU AGREE THAT YOUR USE OF AND ACCESS TO ALL OR ANY PART OF THE PLATFORM IS AT YOUR SOLE RISK. THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NOTWITHSTANDING ANYTHING CONTRARY HEREIN, FIZNO MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE AVAILABILITY OR USE OF THE PLATFORM OR THAT YOUR USE WILL BE ERROR-FREE OR UNINTERRUPTED. FIZNO EXPRESSLY DISCLAIMS ANY RESPONSIBILITY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY ASPECT AND/OR USE OF THE PLATFORM AND/OR ANY GOODS, INCLUDING ANY WARRANTY OF MERCHANTABILITY. FIZNO IS NOT LIABLE IF IT IS UNABLE TO PROVIDE THE PLATFORM (OR ANY PART THEREOF), INCLUDING WITHOUT LIMITATION DUE TO, DIRECTLY OR INDIRECTLY: (A) THE FAILURE OF ANY MERCHANT TO SATISFY ANY COMPLAINTS, AGREE TO ACCEPT RETURN OF ANY GOODS, REFUND ANY AMOUNTS PAID OR OTHER WISE COMPLY WITH THESE TERMS OF SERVICE, (B) THE FAILURE OF ANY PART OF THE PLATFORM, ANY WIRELESS CARRIER, TELECOMMUNICATIONS OR ELECTRICAL FAILURE, (C) ANY INDUSTRIAL OR LABOR DISPUTE, WAR, FLOOD, EXPLOSION, ACT OF GOD OR ANY OTHER EVENT BEYOND FIZNO’S REASONABLE CONTROL.

2.         LIMITATION OF LIABILITY: IN NO EVENT SHALL ANY OF THE FIZNO PARTIES (AS DEFINED BELOW) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST BUSINESS OR GOODWILL OR LOSS OF USE, EVEN IF FIZNO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE DISCLAIMERS AND LIMITATIONS OF FIZNO’S LIABILITY SET FORTH IN THESE TERMS OF SERVICE INCLUDE, WITHOUT LIMITATION, DAMAGES FOR, ARISING OUT, OF OR RELATED TO YOUR USE OR INABILITY TO USE THE PLATFORM, ANY BREACH OF THESE TERMS OF SERVICZE, OR ANY CLAIM BY YOU OR ANY THIRD PARTY. IN ANY CASE, FIZNO’S SOLE LIABILITY TO YOU IS LIMITED TO THE FEES ACTUALLY RECEIVED FROM YOU BY FIZNO DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE APPLICABLE CLAIM. THE PROVISIONS OF THESE TERMS OF SERVICE ALLOCATE THE RISKS BETWEEN FIZNO AND YOU AND FIZNO’S PRICING REFLECTS THIS ALLOCATION OF RISK AND THE LIMITATION OF LIABILITY SPECIFIED HEREIN. WITHOUT INTENDING TO LIMIT THE FOREGOING, YOU MUST BRING ANY CLAIMS YOU MAY HAVE AGAINST FIZNO WITHIN SIX (6) MONTHS OF THE DATE THE CLAIM AROSE OR BE FOREVER BARRED. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS/DISCLAIMERS MAY NOT APPLY TO YOU.

F.         Indemnity: You agree to indemnify and hold harmless Fizno, its officers, directors, suppliers, service providers, agents and employees and those of Fizno’s respective affiliates (collectively, the “FiznoParties”) from any loss, liability, damages, fees, costs, claims, penalties or demands including reasonable fees of attorneys and other professionals, and any interest thereon, whether or not brought to suit, due to, arising out of or related to your use of the Platform. Your indemnification of Fizno Parties includes, without limitation, third party claims of any nature or sort, any infringement, injury, damage, loss or harm (whether to you or any third party) arising out of or related to your use of the Platform and/or your breach of these Terms of Service.

G.        Dispute Resolution:Any claim between you and any participating merchant shall be handled directly by the applicable merchant in accordance with its policies.Any claim between you and Fiznoarising out of or related to these Terms of Service or the Platform shall be resolved exclusively within the federal and state courts residing within Montgomery County, State of Maryland, U.S.A; you waive any jurisdictional venue or inconvenient forum objections to such courts. Notwithstanding the foregoing, Fiznomay seek equitable relief in any court of competent jurisdiction to prevent or enjoin misappropriation, misuse, unauthorized disclosure or infringement of its intellectual property rights.

H.         Notices and Procedures for Copyright Infringement Claims. Fiznorespects the intellectual property rights of others. Fiznowill process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. If you believe that your work has been copied in any way that constitutes copyright infringement, please notify Fizno in writing at the address shown below. Your written notice should include: (i) a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim is infringing or is the subject of infringing activity, that it is to be removed or access to it disabled and information reasonably sufficient to enable Fiznoto locate the material on Fizno’s websites; (iv) your name, address, telephone number, email address and all other information reasonably sufficient to enable Fiznoto contact you; (v) a statement by you that you have a good faith belief that use of the material as described by you is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the information in your notification is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Upon receipt of notices complying with the DMCA, Fiznowill act to removeor disable access to any infringing material and will act to remove or disable access to any reference or link to material or activity that is found to be infringing. Notices of copyright infringement should be directed to:

                                                                                                                                                                                                                                                                                                                    By mail:           Fizno                                                                                                                                                                                                                                                                                                                     c/o Osborne Enterprises, Inc.                                                                                                                                                                                                                                                                         18913 St. Albert Drive                                                                                                                                                                                                                                                                                       Brookeville, MD 20833                                                                                                                                                                                                                                                         By email:         info@fizno.com                                                                                                                                                                                                                                                                                                (Please include “Notice of Infringement” in subject line.)

 

IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING FIZNO THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS APPLICATION-RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOTRECEIVE A RESPONSE THROUGH THIS PROCESS.

I.          Miscellaneous.These Terms of Service are the entire agreement between you and Fizno, may only be amended as described in these Terms of Service and are not assignable by you. If any part of these Terms of Service is found invalid, the balance remains enforceable; provided however that the Platform shall not be offered where prohibited by law. The provisions addressing Fizno’s proprietary rights, disclaimers and limitations of liability, indemnity, dispute resolution and this Miscellaneous Section shall survive expiration or termination of your Account and/or these Terms of Service. The failure to enforce any term of these Terms of Service on one occasion shall not prevent enforcement on any other occasion or the enforcement of any other term. Headings and captions shall not be considered included for purposes of interpretation or application hereof, but are for convenience only.

J.         Contact Fizno.If you have any questions about the Platform please visit Fizno’ s website, email at info@fizo.comor call (844) 349-6600 between the hours of 9am – 5pm EST, Monday through Friday, except holidays.

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