Terms & Conditions

INTRODUCTION

These Terms of Use describe the nature of this website or any affiliate website which links to these Terms of Use (the “Website”) and the terms on which you may use it. BY USING THIS WEBSITE OR ANY INFORMATION PROVIDED ON THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. Freelancers Union, Inc. and each of its affiliates (collectively referred to herein as "us" or "we") reserve the right, in our sole discretion, to change, add or remove any portion of these Terms of Use at any time by posting new Terms of Use on this Website. Please review these Terms of Use each time you use this Website. YOUR USE FOLLOWING POSTED CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR ANY CHANGES, PLEASE DO NOT USE THIS WEBSITE.

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OWNERSHIP

(a)This Website is owned by William (Billy) Frazier. All materials, excluding user content, contained in this Website (the "Materials") are either owned by or licensed to William Frazier. and are protected by intellectual property and other laws. William Frazier and our licensors retain all proprietary rights to the Materials. This Website is Copyright © 2020 Billy Frazier. All rights are reserved. Except as expressly authorized by William Frazier any use, copy, reproduction, display, performance, modification or retransmission of the Materials is strictly prohibited. Notwithstanding the foregoing, you may download the Materials for your personal non-commercial use or to share with others for their personal non-commercial use, provided you keep intact all proprietary and other notices.

(b) We do not claim any ownership rights in the text, files, images, video, sounds, works of authorship, or other materials that you post on or through this Website (collectively, "Content"). After posting Content on or through this Website, you continue to retain all ownership rights in such Content. By posting Content on or through this Website, you hereby grant to us and to certain third party vendors that we contract with, a license to use, modify, publicly perform, publicly display, reproduce and distribute such Content for any purpose without compensation to you. This license is nonexclusive, fully paid and royalty-free, sublicensable and worldwide.

You represent and warrant that (i) you own or control all applicable rights or you have obtained any consent or approval under any applicable copyright, trademark, intellectual property or other laws that may be necessary to publish, store or use the Content, (ii) you have the right to grant the license set forth in this section, and (iii) the posting of your Content on or through this Website or its use by us does not and will not violate the privacy rights, publicity rights, contract rights, copyrights or any other rights of any person or entity. You agree to pay for all royalties, fees or other amounts owed to any person or entity for any Content posted by you on or through this Website or our use of the Content in accordance with this license.

(c) Submissions; Monitoring. The Website provides original commentary, news, tips and trends. The Website also enables you to post comments and other content to the blog feature of the Website (“Submissions”). We believe that the Website contributes to the freelance community and supports new freelancers, as well as encouraging the healthy exchange of information and viewpoints. We respect your ownership of and responsibility for the content you wish to share. You acknowledge and agree that Operator does not and shall not have any obligation to review Submissions, and therefore we do not guarantee the accuracy, integrity or quality of Submissions and we cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable Submissions will not appear on the Website. However, you acknowledge and agree that we have the right to monitor and to alter, edit, refuse to post or remove any Submission that you post to the Website, in whole or in part, for any reason or for no reason, in our sole discretion, and you agree that we do not have any obligation to use or respond to any Submission. You agree that you shall immediately notify Operator in writing of any objectionable Submissions or other content appearing on the Website.

(d) Submissions: Restrictions. By posting a Submission to the Website, you warrant and represent that (i) you own the proprietary rights to such Submission, and (ii) such Submission does and will not infringe any party’s intellectual property, publicity, privacy, or other rights and that such Submission is and will not be defamatory or libelous. Furthermore, you agree not to post or otherwise submit to the Website any Submission that:

1. is fraudulent;
2. is designed to interrupt, or destroys or limits the functionality of, any computer software or hardware or telecommunications equipment or interferes with or disrupts the Website, services connected to the Website, or otherwise interferes with operations or services of this Website in any way;
3. infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; including the promoting of an illegal or unauthorized copy of another person’s copyrighted work;
4. is offensive to the Website community or to us, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual or which harasses or harms, or advocates the harassment or harming of another person;
5. involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”, or solicits PII from other visitors to the Website;
6. promotes information that is false or misleading, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
7. links to materials or other content, directly or indirectly, to which the user posting such material does not have a right to link or which competes in any manner with the Website or Operator;
8. violates a person’s rights of publicity and/or privacy; or
9. violates any applicable local, state, national, or international law.

You acknowledge that Submissions posted to the Website may be subject to size and usage limitations, and that you are responsible for adhering to such limitations.

(e) Grant of License to Submissions. By posting Submissions to the Website, you automatically grant, and represent and warrant that you have the right to grant, to Operator, a non-exclusive, perpetual, irrevocable, sublicensable (through multiple tiers), assignable, fully paid, royalty free, worldwide license to use, copy, modify, adapt, publish, derivative works of or incorporate into other works such Submissions, communicate to the public, distribute (through multiple tiers), perform or display such Submissions (in whole or in part) and/or to incorporate such Submissions in other works in any form, media, or technology now known or later developed, and to grant and authorize sublicenses of the foregoing through multiple tiers of sublicensees, including the right to exercise the copyright, publicity, and any other rights over any of the materials contained in such Submissions for any purpose, including for purposes of advertising and publicity on the Website and elsewhere. No Submissions shall impose any obligation on Operator, whether of attribution or otherwise, and Operator shall not be liable for any use or disclosure of any such Submissions.

INFORMATION ON THIS WEBSITE

This Website provides information about us and may include data regarding our services, information pertaining to (among other things) our members, industry information and third party resources and services that may be of interest to users of this Website. This Website may also include user and member-generated Content.

SERVICES

This Website provides access to a number of professional and other services offered by us and third parties that may be available to users, including reference and educational information. This Website does not, directly or indirectly, provide advice or guidance with respect to such services, including, but not limited to, services concerning your tax and accounting matters, insurance, pension, and retirement plan benefits, or legal issues. This Website makes no claim or representation regarding - and accepts no responsibility for - the quality or reliability of any services provided by third parties to you that may be made accessed through use of this Website. We are not an insurance company, nor do we make any decisions with respect to insurance policy coverage criteria, specific insurance policy terms and conditions, or premiums or other payment obligations in connection with any insurance policy, plan or program or any retirement or pension plan benefit for which you may apply through use of this Website. All such determinations shall be made solely by the applicable insurer or plan administrator. Articles, commentary and other information contained on this Website are intended to be for general academic and illustrative purposes and are not intended to guide the decisions of any individuals.

MODIFICATIONS TO THIS WEBSITE

We may at our sole discretion change, suspend or discontinue any aspect of this Website at any time, including the availability of any Website feature, database or content. We may also impose limits on certain features and services or restrict users' access to parts or all of this Website without notice or liability.

MONITORING

You agree that we have the right, but not the obligation, to monitor, edit, disclose, refuse to post, or remove at any time, for any reason in its sole discretion, any Content anywhere on this Website, including but not limited to bulletin boards, e-mail, blog comments, and other forums. Notwithstanding this right, we do not and cannot review all Content posted to this Website by users and we are not responsible for any such Content.

PRIVACY

You may provide certain information to us while using this Website. Our use of this information will be governed by our Privacy Policy.

Registration and Passwords

To access certain features of the Website, we may ask you to provide personally identifiable information such as your name, e-mail address, ZIP code, and date of birth. You will provide true, accurate, current, and complete information about yourself for any registration form located on the Website. If we suspect that information you provide is untrue, inaccurate, or incomplete, we may, in our sole discretion, suspend or terminate your account and refuse all current or future use of the Website. Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy You may need a username and password to use certain features of the Website. By registering on the Website, you agree that you will not (i) select or use a member name or e-mail address of another person with the intent to impersonate that person; (ii) use a user name or e-mail address subject to the rights of any person without authorization; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member name that we, in our sole discretion, deem inappropriate or offensive. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You will notify us immediately of any unauthorized use of your password or account or any other breach of security. We assume no liability for any loss or damage arising from any unauthorized use of your password or account by a third party.

INTERNET USE

You should be aware of the general risks of transmitting information over the Internet. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for accuracy of data input and output, backing up of data, and protection from "viruses," "worms," "Trojan horses" or other malicious or damaging computer software.

PROHIBITED ACTIVITIES

The following activities are not permitted on this Website and are a material breach of these Terms of Use:

1. Using this Website for any purpose in violation of local, state, national or international laws;
2. Posting material that infringes on the intellectual property rights or privacy rights of others;
3. Posting material that is unlawful, threatening, harassing, malicious, hateful, abusive, libelous, defamatory, obscene, embarrassing to others or otherwise contrary to the purpose of this Website, as determined by us in our sole discretion;
4. Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
5. Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies, or regulations of the networks we use to provide the Site;
6. Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining, or other illicit means;
7. Engage in advertising or commercial solicitation of any product or service, or to solicit donations of any kind on the Site, without our written consent;
8. Posting material that restricts or inhibits other users from using or enjoying this Website;
9. Posting material that constitutes or encourages conduct that would constitute a criminal offense or give rise to civil liability;
10. Posting material that contains a virus or other harmful component or false or misleading statements of origin or fact;
11. Collecting information about others without their written consent; and
12. Engaging in any other conduct that is contrary to the purpose of this Website or, as determined by us in our sole discretion, that exposes us or any other person or entity related to this Website to any liability or detriment.

NO ENDORSEMENT

We do not represent or endorse the accuracy or reliability of any advice, opinion, statement, Content or other information displayed, distributed or otherwise accessible on or through this Website. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum or information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of this Website.

LINKS

We, our members, and other users may provide links to other Websites, for your convenience. However, we do not review, endorse, approve or exercise any control over the content of linked Websites. We make no claim or representation regarding and accept no responsibility for, the quality, content, nature or reliability of Websites accessible by link from this Website, or Websites linking to this Website. The use of any such Websites is at your risk, and is subject to the Terms of Use applicable to such Websites.

DISCLAIMER OF WARRANTIES

WE MAKE NO WARRANTY OF ANY KIND CONCERNING THE FUNCTIONING OF THIS WEBSITE, OR THE INFORMATION CONTAINED ON THIS WEBSITE OR ANY OTHER WEBSITES LINKED TO IT IN ANY WAY. WE ASSUME NO LIABILITY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON INFORMATION OR SERVICES OBTAINED THROUGH USE OF THIS WEBSITE. OPERATION OF THIS WEBSITE AND ANY INFORMATION ON THIS WEBSITE IS PROVIDED "AS IS," AND TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, ARE DISCLAIMED. Without any limitation of the foregoing, we do not warrant that the functions contained in this Website or any materials or content contained therein will be uninterrupted or error-free, that defects will be corrected, or that this Website or the server that makes it available is free of viruses or other harmful components. Some jurisdictions do not allow the exclusion of certain warranties so some of the above may not apply to you.

LIMITATION OF REMEDIES

WE SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, OR CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES DIRECTLY OR INDIRECTLY RESULTING FROM OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THIS WEBSITE OR ANY INFORMATION, FUNCTIONS OR SERVICES ON THIS WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you. In no event shall our total liability to you for all damages, causes or causes of action (whether in contract or tort, including but not limited to negligence) arising from these Terms of Use or your use of this Website exceed the amount paid by you, if any, to use this Website.

INDEMNIFICATION

You agree to indemnify, defend and hold us harmless from any claims, costs (including reasonable attorneys' fees), losses, expenses, settlements and judgments, arising from or related to your violation of these Terms of Use, your violation of the rights of or dispute with any other person or entity, or your use of this Website.

COPYRIGHT INFRINGEMENT

We respect the intellectual property of others, and ask our users to do the same. We may, in appropriate circumstances and at our discretion, suspend or terminate the access of and take other action against users, subscribers, registrants and account holders who infringe the copyright rights of others. If you believe that your work has been copied and is accessible on this Website in a way that constitutes copyright infringement, or that this Website contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify us by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to my copyright agent set forth below:

1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
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 at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit me to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has 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
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

JURISDICTION

You agree that the courts of Missouri have exclusive jurisdiction over any dispute you have with me, and you expressly consent to personal jurisdiction in such courts in connection with any such dispute or a dispute involving any of my affiliates, subsidiaries, employees, agents, officers, directors and contractors. These Terms of Use are subject to the substantive laws of Missouri, without respect to its conflict of laws principles.

TERMINATION

These Terms of Use constitutes a binding agreement between you and me until terminated by you or me, which I may do at any time, without notice, in my sole discretion. If you become dissatisfied with this Website, in any way, your only recourse is to immediately discontinue use of this Website.

GENERAL PROVISIONS

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect. The failure by either you or me to exercise or enforce any rights or provisions of these Terms of Use shall not constitute a waiver of such right or provision. Except as explicitly stated otherwise, any notices shall be given by e-mail to us at hello@billyfrazier.is and to you the e-mail address you provide to me.

Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the e-mail address is invalid. You agree that any cause of action arising out of or related to this Website or these Terms of Use must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. These Terms of Use comprises the entire agreement between you and me and supersedes all prior agreements between the parties, regarding the subject matter contained herein. All provisions of these Terms of Use regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of these Terms of Use.

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