Our Terms of Service
Terms
Last updated: 1st February 2021
This Terms of Use sets forth the Agreement between you and Full Stack Modeller Ltd (“we” or “us”) regarding your membership.
If you cannot agree, don’t use our Service.
1. Using the Service
1.1. Payment
Annual Payment: By purchasing an Annual Subscription you agree to an initial Annual Subscription fee at the current Annual subscription rate.
Monthly Payment Plan: By purchasing a Monthly Subscription you agree to an initial and recurring Monthly Subscription fee at the current Monthly subscription rate for a total of twelve payments. You accept responsibility for all recurring charges.
Automatic Monthly payments: Once you subscribe, Full Stack Modeller Ltd will automatically process your monthly subscription fee. Full Stack Modeller Ltd will continue to automatically process your Monthly Subscription fee each month at the current Monthly Subscription rate for a total of twelve payments.
1.2. Who can join Full Stack Modeller.
You must be at least the age of majority in the state or country where you live to participate in Full Stack Modeller.
1.3 Registration.
When you set up a profile with Full Stack Modeller, you must provide us accurate information. We will treat registration information according to our Privacy Policy. Your name and contact information will be made available to your Host. You are responsible for maintaining the confidentiality of your password.
1.4 Privacy.
Our privacy practices are set forth in our Privacy Policy, which is part of this Agreement. By joining Full Stack Modeller, you are sharing personally identifiable information with us and other Members
1.5 Play Nice.
We hope you will take care to keep your interaction with others a positive experience for everyone. You agree to follow the Full Stack Modeller Acceptable Use Policy at all times. We reserve the right, but have no obligation or liability for, monitoring any interactions with other Members of the Service. You may also submit a complaint or concern about another Member or Host to support@fullstackmodeller.com
Do not infringe the intellectual property and personal rights with Your Content. You accept responsibility if Your Content violates the intellectual property or personal rights of others. You agree to pay all royalties, fees, and any other monies owed to any person by reason of any of Your Content. We are not obligated, but reserve the right, to remove or suspend, in whole or part, Your Content that violates the Full Stack Modeller Acceptable Use Policy or for any other reason.
1.6 Feedback.
We welcome your feedback and suggestions about how to improve Full Stack Modeller. Submit feedback to support@fullstackmodeller.com. By submitting feedback, you agree to grant us the right to use it for free.
2. Copyright and Trademark Policies
The Full Stack Modeller Copyright Policy and Full Stack Modeller Trademark Policy are incorporated by reference into this Agreement. If you believe that your intellectual property is being violated on the Service, you can submit a complaint and request for takedown of specific material at support@fullstackmodeller.com.
3. Our Content and Materials
3.1 Data.
Full Stack Modeller collects and stores data about Members (“Data”) in order to run the Service more effectively and efficiently. Our Privacy Policy explains how we do this, and your rights to opt out.
3.2. Our Content and Materials.
All right, title, and interest in the Service, including the Full Stack Modeller buttons, badges, logos, widgets, text, images, design, software, documentation, source code, algorithms, graphics, photographs, video and audio files, Excel files, PDFS, other files, data, and the selection, arrangement, structure, coordination, and “look and feel” thereof (excluding Your Content, User Generated Content, third-party web services or third-party content linked to or posted within the Service) (collectively “Our Content and Materials”) are the property of Full Stack Modeller and/or its licensors. The Full Stack Modeller name and logo, the Full Stack Modeller mark, the Full Stack Modeller logo are trademarks and service marks of Full Stack Modeller. We retain all right, title, and interest in and to the Data and Our Content and Materials. Except as expressly provided in these terms, you agree not to use, modify, reproduce, distribute, sell, license, reverse engineer, decompile, or otherwise exploit Our Content and Materials or Data without our express written permission.
3.3 Our Licenses to You.
Subject to these terms, including our Full Stack Modeller Acceptable Use Policy, we grant you a limited, non-exclusive license to use and access Our Content and Materials and the Service. We may terminate this license at any time for any reason. Except for the rights and license granted in these terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.
4. Disclaimers and Limitation of Liability
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF FULL STACK MODELLER. ENTITIES TO YOU. “FULL STACK MODELLER. ENTITIES” MEANS FULL STACK MODELLER., AND ANY SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES OF EACH OF THEM. EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW:
4.1 WE ARE PROVIDING YOU THE SERVICE, ALONG WITH OUR CONTENT AND MATERIALS AND THE OPPORTUNITY TO CONNECT WITH OTHERS, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, FULL STACK MODELLER. ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
4.2 FULL STACK MODELLER. MAKES NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR: (i) CONTENT POSTED BY ANY MEMBER, OR THIRD PARTY, (ii) ANY THIRD-PARTY WEBSITE, THIRD-PARTY PRODUCT, OR THIRD-PARTY SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE SERVICE, INCLUDING AN INTEGRATED SERVICE PROVIDER (iii) THE QUALITY OR CONDUCT OF ANY THIRD PARTY, OR MEMBER YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SERVICE. FULL STACK MODELLER. MAKES NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS, (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS OR INFORMATION THAT YOU MAY OBTAIN FROM THE USE OF THE SERVICE, , WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF THE NETWORK, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE.
4.3 YOU AGREE THAT UNDER THE MAXIMUM EXTENT PERMITTED BY LAW, FULL STACK MODELLER. ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT FULL STACK MODELLER. ENTITIES SPECIFICALLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICE.
4.4 YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE.
4.5 WITHOUT LIMITING THE FOREGOING, FULL STACK MODELLER’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICE OR THIS AGREEMENT IS LIMITED TO THE AMOUNT PAID TO FULL STACK MODELLER. IN CONNECTION WITH THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
5. Indemnification
You agree to release, indemnify, and defend Full Stack Modeller. Entities from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: i) your use of Service, ii) Your Content, iii) your conduct or interactions with other Hosts or Members of the Service, or iv) your breach of any part of this Agreement. We will promptly notify you of any such claim, and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defence, and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defence of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.
You also agreed to release, indemnify, and defend Members from all third-party claims and costs arising out or related to: i) your use of the Service, ii) Your Content, iii) your conduct or interactions with Hosts or Members, or iv) your breach of any part of this Agreement.
6. Dispute Resolution, Arbitration, and Class Action Waiver
We hope that our customer success team can resolve any issues you may have. However, if that does not work, then both parties agree to resolve any dispute arising out of these terms exclusively by individual, binding arbitration. The term “dispute” is to be given the broadest possible meaning that will be enforced, and will include disputes related to your use of the Service, this Agreement (including the scope of this provision), regardless of whether such disputes are based in contract, tort, statute, fraud, unfair competition, or some other legal theory. Disputes regarding privacy shall be resolved by the mechanisms outlined in our Privacy Policy.
The arbitration process can be a faster, simpler, less formal, and less expensive route than filing a lawsuit and going to court. In arbitration you are still entitled to a fair hearing, but your rights will be determined by a neutral arbitrator (and not a judge or jury). Arbitrator decisions are as enforceable as any court order, and are subject only to very limited review by a court. Each party is giving up the right to sue in court and to have a trial before a judge or jury.
Each party here agrees to try in good faith for 30 days to informally resolve any dispute before starting arbitration. A party who intends to seek arbitration must first send the other a written notice that describes the nature and basis of the dispute as well as the relief sought. If you want to send such a notice to us, send it to support@fullstackmodeller.com. If we want to send such a notice to you, we will send it to the email address associated with your account. If the parties do not reach an agreement to resolve the dispute within 30 days after the date the notice was sent, then the parties may start arbitration.
If you do not want to be bound by this binding arbitration provision and class action waiver, you must notify us within 30 days of the date that you first accept or receive these terms by sending a written notification to support@fullstackmodeller.com that includes your actual name and Full Stack Modeller user name, address, and a clear statement that you do not wish to resolve disputes with us through arbitration.
7. General Legal Terms
7.1 Changes to these Terms.
We may amend this Agreement (including any policies, such as the Privacy Policy, Full Stack Modeller Acceptable Use Policy, Full Stack Modeller Copyright Policy , and Full Stack Modeller Trademark Policy that are incorporated into this Agreement) at any time in our sole discretion. If we amend the terms to this Agreement, such amendment will be effective after we send you notice of the amended agreement. Such notice will be in our sole discretion and manner of notification could include, for example, via email, posted notice on the Service, or other manner. You can view the Agreement at any time at here. Your failure to cancel your account, or cease use of Full Stack Modeller, after receiving notification of the amendment, will constitute your acceptance of the amended terms. If you do not agree to the amendments or to any of the terms in this Agreement, your only remedy is to cancel your account or to cease use of Full Stack Modeller.
7.2 Governing Law and Jurisdiction.
You agree that Full Stack Modeller is operated in the United Kingdom and will be deemed to be solely based in the United Kingdom and a passive service for purposes of jurisdictional analysis. For any claims for which arbitration is inapplicable, you agree that such claims will be brought in an English Court of Law, governed by laws of England without regard to any conflict of law provisions.
7.3 Applications and Mobile Devices.
If you access the Service through a Full Stack Modeller mobile application, you acknowledge that this Agreement is between you and Full Stack Modeller. only, and not with another application service or application platform provider (such as Apple, Inc. or Google Inc.), which may provide you the application subject to its own terms. To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply.
7.4 Survival.
The following provisions will survive expiration or termination of this Agreement: Sections 1.6 (Feedback), 3(Our Content and Materials).
7.5 Assignment.
You may not assign or transfer this Agreement (or any of your rights or obligations under this Agreement) without our prior written consent; any attempted assignment or transfer without complying with the foregoing will be void. We may freely assign or transfer this Agreement. This Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.
7.6 Electronic Communications.
You consent to receive communications from us by email in accordance with this Agreement and applicable law. You acknowledge and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.
7.7 Entire Agreement / Severability.
This Agreement supersedes all prior terms, agreements, discussions and writings regarding the Service and constitutes the entire agreement between you and us regarding the Service. If any provision in this Agreement is found to be unenforceable, then that provision will not affect the enforceability of the remaining provisions of the agreement, which will remain in full force and effect.
7.8 Interpretation.
In construing or interpreting the terms of this Agreement: (i) the headings in this Agreement are for convenience only, and are not to be considered, and (ii) no presumption is to operate in either party’s favour as a result of its counsel’s role in drafting this Agreement.
7.9 Notices.
All notices permitted or required under this Agreement, unless specified otherwise in this Agreement, must be sent in writing as follows in order to be valid: (i) if to you, by us via email to the address associated with your account, and (ii) if to us by you via support@fullstackmodeller.com. Notices will be deemed given (a) if to you, when emailed, and (b) if to us, on receipt by us.
7.10 Relationship.
This Agreement does not confer any third-party beneficiary rights and does not create a joint venture, agency, partnership, or other form of joint enterprise between you and us. Except as expressly provided herein, neither party has the right, power, or authority to create any obligation or duty, express or implied, on behalf of the other.
7.11 Waiver.
No waiver of any terms will deemed a further or continuing waiver or such term or any other term. Our failure to assert a right or provision under this Agreement will not constitute a waiver of such right or provision.
7.12 Further Assurances.
You agree to execute a hard copy of this Agreement and any other documents, and take any actions at our expense that we may request to confirm and effect the intent of this Agreement and any of your rights or obligations under this Agreement.
7.13 Contact.
Feel free to contact us at support@fullstackmodeller.com with any questions about these terms.
7.14 Agreement to Terms.
When you use the Service, you agree to the terms of use set forth in this agreement (including the Privacy Policy and Full Stack Modeller Acceptable Use Policy), regardless of whether you are a registered member.
7.15 Changes to the Service.
We are always trying to improve your experience on the Service. We may need to add or change features and may do so without notice to you.
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