PLEASE READ THESE TERMS OF SERVICE (the “Terms” or the “Agreement”) CAREFULLY. THESE TERMS GOVERN THE LEGAL RELATIONSHIP FORMED BETWEEN FAMA REGIS, LLC (“Fama Regis”) AND YOU.
YOUR USE OF THE WEBSITE https://famaregis.com (the “Website”) OR THE PLACEMENT OF AN ORDER FOR SERVICE WITH FAMA REGIS VIA ELECTRONIC MEDIUMS IS AN ACKNOWLEDGEMENT THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND ARE HEREBY AGREEING TO BE BOUND BY SUCH TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT YOU MUST NOT PLACE AN ORDER FOR ANY FAMA REGIS SERVICE, AND YOU MUST DISCONTINUE USING THE WEBSITE IMMEDIATELY.
This Agreement is entered into between Fama Regis, LLC doing business as Fama Regis, and each such individual or entity that 1) uses the Website, or 2) places an order for service with Fama Regis via electronic medium (referred to herein as “You” or “Your”) (You and Fama Regis are sometimes collectively referred to as the “Parties,” each a “Party”). Unless the exact legal name of a business entity, or a legally authorized trade name for such business entity, is identified as the customer at the time an order for a service is placed with Fama Regis, any individual identified as the customer shall be deemed to have only partially disclosed the identity of its principal, and such individual(s) shall be jointly bound by the terms and obligations of this Agreement along with the business entity. This Agreement shall be deemed to have been entered into by You the moment You use the Website.
1. Intellectual Property.
This Agreement does not constitute a sale of any rights of ownership in or related to the Website, or any intellectual property rights owned by Fama Regis. Fama Regis alone (and its licensors, where applicable) shall own all right, title and interest, including all intellectual property rights, in and to the Website and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by You or any other party relating to the Website. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of or created from the Website shall be owned solely and exclusively by Fama Regis, and/or, as applicable, Fama Regis’ third-party vendors, as shall any and all patent rights, copyrights, trade secret rights, trademark rights, and all other proprietary rights, worldwide therein and thereto. To the extent You create any intellectual property in relation to Your use of the Website, You hereby irrevocably assign to Fama Regis any and all of Your intellectual property rights, including, but not limited to, Your rights, title, and interests in the Website or any modification to or derivative work of the Website. You shall not remove, obscure, or alter, or authorize or permit any third-party to remove, obscure, or alter, any proprietary rights legend or legal notices displayed in the Website. For the avoidance of doubt, using the Website shall not give You ownership of any intellectual property rights in the Website or the content You access. You may not use content from the Website unless You obtain permission from Fama Regis or are otherwise permitted by law. These Terms do not grant You the right to use any branding or logos used in the Website without Fama Regis’ express written approval. Fama Regis and its name, logo, and the names and logos associated with the Website are to be considered trademarks of Fama Regis, its affiliated companies or approved third-parties, and no right of license is granted to You to use them. The materials and content on the Website are copyrighted by Fama Regis and/or other applicable rights holders, excluding You. You may download and reprint a single copy of the materials from the Website for Your own personal, noncommercial use only, provided that You keep intact all credits and copyright and other proprietary notices. Any other use of the materials is strictly prohibited without Fama Regis’ prior written permission and the permission of all applicable rights holder(s).
1.1 Notice of Copyright Infringement.
If You are a copyright owner who believes Your copyrighted material has been reproduced, posted, or distributed by Fama Regis in a manner that constitutes copyright infringement, prior to initiating any legal dispute You agree to inform Fama Regis’ designated copyright agent by sending written notice by email to help@fama regis.com. You must include the following information in Your written notice: (a) a detailed description of the copyrighted work that is allegedly infringed upon; (b) a description of the location of the allegedly infringing material on the Website; (c) Your contact information, including Your address, telephone number, and, if available, email address or other electronic address; (d) a statement by You indicating that You have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (e) a statement by You, made under penalty of perjury, affirming that the information in Your notice is accurate and that You are authorized to act on the copyright owner’s behalf; and (f) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement. Please note that the contact information provided in this paragraph is for suspected copyright infringement only. Contact information for other matters can be found elsewhere on the Website. Failure to comply with this Section shall be deemed a material breach of this Agreement.
2. DISCLAIMERS.
THE WEBSITE AND ANY INFORMATION CONTAINED ON OR PROVIDED THEREIN ARE PROVIDED ON AN “AS IS” BASIS AND SHOULD NOT BE USED FOR THE BASIS OF ANY SCIENTIFIC RESEARCH OR STUDIES. ANY ACCESS TO OR USE OF THE WEBSITE, AND ANYTHING YOU DOWNLOAD THEREFROM, IS VOLUNTARY AND AT YOUR SOLE RISK. FAMA REGIS SHALL HAVE NO OBLIGATION TO ENGAGE IN ANY DUE DILLIGENCE CONCERNING THE IDENTITY OF THE USERS OF ITS WEBSITE PRIOR TO OFFERING ANY SERVICES. FAMA REGIS DOES NOT MAKE ANY REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGMENT), WITH REGARD TO THE WEBSITE, OR WITH RESPECT TO ANY INFORMATION, SERVICE, OR OTHER MATERIAL PROVIDED TO YOU ON OR THROUGH THE WEBSITE (INCLUDING, BUT NOT LIMITED TO, ANY CONSULTATIONS OR OTHER SERVICES YOU MAY OBTAIN FROM FAMA REGIS AGENTS YOU COMMUNICATE WITH), AND AS SUCH YOUR RELIANCE ON ANY SUCH ALLEGED REPRESENTATIONS OR ENDORSEMENTS SHALL BE DEEMED UNREASONABLE AND UNJUSTIFIED. FAMA REGIS DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS, OR USEFULNESS OF ANY INFORMATION, SERVICES, OR OTHER MATERIAL PROVIDED THROUGH THE WEBSITE OR THE INTERNET GENERALLY. FAMA REGIS MAKES NO WARRANTY OR GUARANTEE THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED, COMPLETE, TIMELY, SECURE, FREE FROM MALWARE, ERROR-FREE, OR CAUSE A LOSS OF DATA. FAMA REGIS EXPRESSLY DISCLAIMS THAT ANY FILES MADE AVAILABLE FOR DOWNLOADING THROUGH THE WEBSITE WILL BE FREE OF INFECTIONS, VIRUSES, WORMS, TROJAN HORSES, OR OTHER MALICIOUS CODE THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO DISCONTINUE USING IT, AND YOU HEREBY WAIVE ANY AND ALL CLAIMS FOR DAMAGES RESULTING FROM USING THE WEBSITE TO THE FULLEST EXTENT PERMITTED BY LAW. YOU ARE RESPONSIBLE FOR MAINTAINING A MEANS EXTERNAL TO THE WEBSITE THAT WILL ALLOW YOU TO RECONSTRUCT OR RECOVER ANY LOST DATA.
Fama Regis may choose, but is not obligated, to offer the following services to You (collectively, the “Services,” each a “Service”):
1.1 Demand Letters.
Fama Regis coordinates with one or more licensed attorneys within Fama Regis’ network to send a written correspondence to any third-party individual or entity to whom you direct requesting that the third-party remove a disputed communication (the “Disputed Communication”) from the internet.
1.2 Litigation Coordination.
Upon request by You, Fama Regis may review the Disputed Communication and make a determination whether Fama Regis is willing to offer litigation coordination services to You. Fama Regis coordinates with one or more licensed attorneys within Fama Regis’ network to facilitate litigation against any individual or entity upon which you have a legal claim of defamation or disparagement.
1.3 Case Dashboard.
Fama Regis provides a web-based dashboard (the “Case Dashboard”) through which You may receive updates on your case and also communicate with the attorney assigned to You by Fama Regis.
2. Geographic Limitations of Services.
Fama Regis provides its Services to You only if You are a legal resident of the United States of America. Some Services may not be available in every State, Territory, or Possession of the United States of America due to specific laws, rules, and regulations of each jurisdiction. Fama Regis reserves the right to decline any Service to You, which Fama Regis determines, in its sole and exclusive judgment, may violate the laws, rules, or regulations of any specific jurisdiction in the United States of America.
3. Affiliated Attorneys.
Fama Regis maintains relationships with certain third-party actively licensed attorneys in jurisdictions where such attorneys are authorized to perform legal services (the “Affiliated Attorney(s)”). Affiliated Attorneys are independent contractors, not employees of Fama Regis, and they have no authority whatsoever to act on behalf of Fama Regis in any capacity. Should You choose to utilize Fama Regis’ Services, Fama Regis may assign You an Affiliated Attorney to perform the requested Services, and in that event, You shall be required to enter into a separate agreement between You and the Affiliated Attorney. Fama Regis shall have the sole and exclusive discretion to select which Affiliated Attorney is assigned to You, and You may not change the Affiliated Attorney unless specifically approved by Fama Regis. Your only recourse in the event You are dissatisfied with the Affiliated Attorney is to terminate the agreement between You and the Affiliated Attorney and comply with the Termination provisions of this Agreement.
4. No Guarantees.
Fama Regis does not guarantee any particular outcome will result from using its Services. You understand that Fama Regis cannot control the actions taken by third-parties, and You acknowledge that Fama Regis has not made any representation to You that can be construed as a guarantee of achieving any particular outcome.
5. Disclaimer Concerning Legal Advice; Buyer Beware.
Fama Regis itself is not a law firm. Rather, Fama Regis facilitates the provision of legal and non-legal services between You and independent Affiliated Attorneys. Fama Regis has no legal control over the actions taken by, or independent judgment exercised by, its Affiliated Attorneys. Notwithstanding that Fama Regis may assign You an Affiliated Attorney, Fama Regis does not provide You with legal advice or consultation regarding the advisability, legality, feasibility, expense, consequences, or risks associated with any of the Services. In the event that Fama Regis presents You with an opportunity to highlight specific text in the Disputed Communication to convey what portions of the Disputed Communication are problematic, Your highlighting of such text shall not under any circumstances operate as an endorsement or confirmation by Fama Regis that any such text is in fact defamatory, disparaging, or is otherwise illegal. It is Your sole responsibility to investigate and understand Your own circumstances and to determine whether utilizing Fama Regis’ Services is an appropriate course of action to accomplish Your goals. This Agreement does not prohibit You from retaining Your own independent legal counsel at any time.
6. Fees and Payment.
The fees for Fama Regis’ Services are listed on the Website and also appear on the checkout page prior to making payment for Fama Regis’ Services (the “Fees”). Fama Regis does not accept cash, money order, personal or cashier’s check, ACH, or purchase orders as valid methods of payment for any amount due unless expressly approved by Fama Regis in writing. Fama Regis presently contracts with a third-party vendor known as “Stripe” (the “Payment Processor”) for payment-related services which may link to Your financial account information. In addition to the terms of this Agreement, the processing of bank and/or credit card debits, as applicable, in connection with payment for the Services will be subject to the terms, conditions, and privacy policies of the Payment Processor and Your financial institutions. In connection with payment for the Services, Fama Regis may obtain certain transaction details, which Fama Regis will use solely in accordance with Fama Regis’ Privacy Policy. You bear ultimate responsibility for ensuring that the full amount owed is paid to Fama Regis. You agree to pay Fama Regis for any unpaid amount, and costs of collection, including reasonable attorney fees, in the event of a failure by the Payment Processor or Your financial institution(s) to remit payment in full to Fama Regis. Further, You agree that in the event of a dispute regarding the Services, warranties, refunds, or any other part of this Agreement, You shall not initiate a “chargeback” or “payment dispute” through Your financial institution under any circumstance without the express written consent of Fama Regis. Your failure to obtain Fama Regis’ express written consent prior to initiating a chargeback through Your financial institution shall be considered a material breach of this Agreement, and Fama Regis shall be permitted to cease to provide further support and general troubleshooting information to You until the investigation has concluded. Fama Regis does not accept partial payments of amounts due; any amount due must be paid in full in one lump sum payment. Fama Regis may decline service to any individual or entity for any reason so long as doing so would not violate applicable law.
6.1 Assignments of Litigation Proceeds.
In the event that You and Fama Regis agree to escalate a dispute to litigation, You understand and acknowledge that for Fama Regis to provide you such Service in coordination with its Affiliated Attorneys for no up-front cost, Fama Regis takes on considerable risk of non-payment. Accordingly, by choosing to proceed with litigation, You agree to assign a percentage of any gross proceeds obtained by settlement, final judgment, or other final distribution before any reimbursement is made for any advanced expenses (the “Assignment of Proceeds”). The Assignment of Proceeds is separate and apart from any contingency fee arrangement You may enter into with the Affiliated Attorney and represents payment to Fama Regis for non-legal services it provides, including, but not limited to, facilitating and coordinating communication between You and the Affiliated Attorney, providing access to and maintaining Fama Regis’ Case Dashboard, and providing administrative support to the Affiliated Attorney. The Assignment of Proceeds percentage may be determined by Fama Regis on a case-by-case basis, and in any event the combined total of the Assignment of Proceeds percentage and the contingency fee percentage entered into with the Affiliated Attorney shall not exceed a combined total of 49.99% of the gross amount obtained by settlement, final judgment, or other final distribution before reimbursement of advanced expenses. By choosing to proceed with Fama Regis’ litigation coordination Service, You hereby authorize Fama Regis to advance expenses of litigation on Your behalf and to communicate such expenses to Your assigned Affiliated Attorney. You further agree to execute any and all documents necessary to memorialize Your Assignment of Proceeds, and You hereby authorize Fama Regis to assert a lien upon the proceeds of any claim You assert through Fama Regis’ Affiliated Attorney(s). Fama Regis shall be entitled to recover from You the Assignment of Proceeds the moment any of the following events occur: (i) a settlement agreement is signed by the opposing party in which any amount equal to or greater than $1 USD is contractually obligated to be paid to You, (ii) a final judgment (after appeal, if any) in any amount equal to or greater than $1 USD is entered in Your favor, or (iii) any other final disposition results in any amount equal to or greater than $1 USD being owed to You by the opposing party for any reason substantially as a result of Fama Regis’ Affiliated Attorneys’ efforts (collectively, the “Payment Conditions”). Fama Regis shall not be entitled to any proceeds from the Assignment of Proceeds, or to be reimbursed for any advanced expenses, until any one of the Payment Conditions are met.
6.1.1 Alternative Compensation.
In the event that You and Fama Regis agree to escalate a dispute to litigation, but You terminate this Agreement before any of the Payment Conditions are met, Fama Regis shall be entitled to the following liquidated damage (which shall not be construed to be a penalty): the greater of (i) One Thousand and 00/100 Dollars ($1,000.00) or (ii) Fama Regis’ actual expenses incurred in coordinating Your litigation with the Affiliated Attorney(s). If Your termination of this Agreement occurs within ninety (90) calendar days of the occurrence of any of the Payment Conditions, Fama Regis shall still be entitled to recover the full amount of the Assignment of Proceeds.
7. Refunds.
In the event that You have paid for a demand letter Service, You may request a full refund at any time until the moment that Fama Regis’ Affiliated Attorney assigned to Your matter delivers the demand letter to its intended recipient. For purposes of this Section, “delivery” shall mean the earlier of: (i) the moment that the Affiliated Attorney sends the demand letter via email to its intended recipient, or (ii) the moment that the Affiliated Attorney delivers the demand letter to the United States Postal Service or other third-party carrier. The request for a refund must be sent via e-mail to the following email address: help@famaregis.com. Upon receipt of the request for a refund, Fama Regis shall promptly direct the Affiliated Attorney to cease sending the demand letter. In the event that the Affiliated Attorney has delivered the demand letter, You shall not be entitled to a refund. In the event there is uncertainty regarding whether a request for a refund was made timely, Fama Regis may elect to only give You a partial refund consisting of the amounts not paid to the Affiliated Attorney for the demand letter.
8. Case Dashboard.
Fama Regis’ Case Dashboard is an online portal that shall serve as an official channel of communication between You and Fama Regis, and it shall be Your responsibility to regularly check for updates made to the Case Dashboard. So long as You were initially provided access to the Case Dashboard and were not permanently denied access to the Case Dashboard as a direct result of any action by Fama Regis, Fama Regis posting information on the Case Dashboard shall be deemed sufficient notice to You of that information for all purposes. Fama Regis may elect to provide You with a courtesy email alerting You to new updates on the Case Dashboard, but whether or not You receive a courtesy email shall not be considered in determining whether You had sufficient notice of information posted on the Case Dashboard.
9. Termination.
This Agreement may be terminated at any time by either Party upon providing written notice to the other Party pursuant to Notice section in Section D of this Agreement. Termination of this
1. Your Representations and Warranties.
By agreeing to utilize any of Fama Regis’ Services, You hereby make the following representations and warranties:
1.1 You, or Your representative if You are a business, are mentally and legally competent to enter into this Agreement at the time this Agreement is entered into;
1.2 If You are a business entity, the person signing this Agreement on Your behalf is authorized to enter into this Agreement on Your behalf and has all necessary consents and approvals to do so;
1.3 Prior to, or contemporaneously upon, entering into this Agreement You have a good faith belief that the Disputed Communication has caused You damages;
1.4 Prior to, or contemporaneously upon, entering into this Agreement You have a good faith belief that the Disputed Communication is based upon false statements of fact.
2. Class Action Waiver.
THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, INCLUDING, BUT NOT LIMITED TO, CLASS ARBITRATIONS OR JOINDERS WITH MORE THAN TWO TOTAL PLAINTIFFS, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOT WITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A REPRESENTATIVE MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.
3. Limitation of Liability.
IN NO EVENT WILL FAMA REGIS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THIS AGREEMENT, EVEN IF FAMA REGIS IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. ADDITIONALLY, IN NO EVENT SHALL FAMA REGIS BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF ACTS OF GOD OR OTHER UNEXPECTED EVENTS OUTSIDE FAMA REGIS’ DIRECT CONTROL, THE USE OF, OR THE INABILITY TO USE, THE FAMA REGIS WEBSITE, OR THE ACTS OF THE AFFILIATED ATTORNEYS, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES ARISING FROM PERSONAL INJURIES TO YOU OR ANY THIRD-PARTY, AND ANY DAMAGES ARISING FROM ANY INFORMATION OR DATA MADE AVAILABLE THROUGH THE WEBSITE. THE MAXIMUM LIABILITY OF FAMA REGIS FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT, OR OTHERWISE) OF EVERY KIND ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED THE AMOUNT PAID TO FAMA REGIS FOR THE SERVICES. THE FOREGOING LIMITATION OF FAMA REGIS’ LIABILITY WILL COVER, WITHOUT LIMITATION, ANY TECHNICAL MALFUNCTION, COMPUTER ERROR OR LOSS OF DATA, AND ANY OTHER INJURY, ARISING FROM THE USE OF THE WEBSITE.
4. Jury Trial Waiver.
THE PARTIES HEREBY UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL OF ANY DISPUTE. The scope of this waiver is intended to encompass any and all disputes that may be filed in any court or other tribunal (including, without limitation, contract claims, tort claims, breach of duty claims, and all other common law and statutory claims).
5. Indemnification.
You agree to indemnify and hold harmless Fama Regis, Fama Regis’ affiliates and subsidiaries, and each of their respective directors, officers, managers, employees, shareholders, agents, attorneys, accountants, representatives, licensors, successors and assigns from and against any and all losses, expenses, claims, judgments, damages and costs, including reasonable attorneys’ fees, that arise out of Your use of the Services, the Website, violation of this Agreement by You or any other person using Your account, or Your violation of any rights of another. Fama Regis reserves the right to control the defense of any claim for which Fama Regis is entitled to indemnification under this Section. In such event, You agree to provide Fama Regis with such cooperation as is reasonably requested by Fama Regis.
6. Assignment.
This Agreement is personal to You and may not be assigned by You except as expressly agreed to by Fama Regis in a signed writing. On the other hand, Fama Regis shall be permitted to assign this Agreement to any third-party in connection with the sale or acquisition of Fama Regis without Your consent and without notice to You. To the extent Your consent or notice is required by law, You hereby irrevocably agree to consent to such an assignment in advance and waive any requirements for notice of such an assignment.
7. Severability.
If any term or other provision of this Agreement is determined to be invalid, illegal, or incapable of being enforced by any rule of law or public policy, all other conditions and provisions of this Agreement shall nevertheless remain in full force and effect. Upon such determination that any term or other provision is invalid, illegal or incapable of being enforced, the Parties hereto shall negotiate in good faith to modify this Agreement so as to affect the original intent of the Parties as closely as possible, in a mutually acceptable manner.
8. Dispute Resolution.
In the event that You have a dispute arising from or relating to this Agreement, before You are permitted to bring any action against Fama Regis, You must comply with all of the following requirements: (a) all outstanding amounts claimed by Fama Regis to be owed to Fama Regis must be paid to Fama Regis (in other words, if Your dispute is monetary in nature it may only be for a refund); (b) You must provide Fama Regis with reasonable written notice of the basis for the dispute at least seven (7) calendar days in advance of any action by You to resolve the dispute (except that You may attempt to schedule a mediation as provided for below), and if the basis of the dispute is reasonably capable of being cured, You must provide Fama Regis with at least seven (7) calendar days to cure the alleged basis for the dispute; and (c) You must participate in a binding mediation session with a neutral third-party, who is regularly engaged in the business of mediation of disputes, for at least four hours, the cost of which mediation shall be split evenly between You and Fama Regis. Unless and until all of these requirements have been strictly complied with, any litigation You have initiated against Fama Regis must be immediately dismissed without prejudice until the above requirements are met (which shall not toll the statute of limitations).
9. Modification of Statute of Limitations.
You acknowledge and understand that Fama Regis has an interest in resolving disputes arising from or relating to this Agreement in an expeditious manner and to avoid the risk and uncertainty associated with the potential for future litigation. Therefore, You hereby agree that, to the extent permitted by law, You must commence any litigation against Fama Regis no later than one (1) calendar year from the date Your claim accrued, notwithstanding any statute of limitations to the contrary and without any tolling. Failure to commence litigation within the time-frame set forth in this Agreement shall operate as a forfeiture of any claims You may have against Fama Regis. You acknowledge that this Section is a material inducement for Fama Regis providing You with the Services.
10. Governing Law; Personal Jurisdiction; Venue.
This Agreement (and any claims or disputes arising out of or related hereto or thereto, whether for breach of contract, tortious conduct or otherwise, and whether predicated on common law, statute, or otherwise) shall be governed by, and construed in accordance with the laws of the State of Colorado, United States of America, irrespective of the choice of law principles of any other state or country, including all matters of validity, construction, effect, enforceability, performance, or remedies. You expressly agree that the sole and exclusive venue for any litigation or arbitration arising out of or related to this Agreement shall be proper only in the State of Colorado, United States of America in Jefferson County, and to that end, the Parties irrevocably and unconditionally consent to the sole and exclusive personal jurisdiction of the state or federal courts of Jefferson County Colorado over the Parties and agree to be bound by any judgments, orders, or decrees issued from those courts.
10.1 Arbitration.
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
11. Attorney’s Fees and Costs for Disputes.
Should Fama Regis be determined to be the prevailing Party in any arbitration, litigation or other action arising from or related to this Agreement, then Fama Regis shall be awarded its reasonable attorney’s fees and costs, including, but not limited to, the costs and attorney’s fees incurred on appeal and collection, to be paid by You.
12. Notice.
Any notice required or allowed to be provided by this Agreement shall be deemed to be effective if delivered as follows:
To Fama Regis, LLC
By email: help@famaregis.com
To You
By email: to the email address You originally provided to Fama Regis (“Your Notice Email”). If You want change Your Notice Email, You may do so by emailing help@famaregis.com and indicating that You wish to change Your Notice Email.
13. Customer Support.
Fama Regis may, in its sole discretion, offer remote customer support channels to You for help with general questions and general troubleshooting. The following support channels may be utilized for customer support:
If You attempt to contact Fama Regis through an alternative channel, You may not receive a response, and it shall not be deemed to have been received by Fama Regis. Fama Regis reserves the right to discontinue support or refuse service to You if You exhibit aggressive, harassing, discriminatory, or other inappropriate behavior through Fama Regis’ available support channels. In certain cases, Fama Regis may protect the identity of its support agents or team members by using aliases, nicknames, or other filters in order to comply with privacy laws.
14. IMPORTANT OWNERSHIP DISCLOSURE.
Fama Regis’ membership is owned 50% by an individual attorney named Anthony Garcia who is also hired by Fama Regis as an Affiliated Attorney. Attorney Anthony Garcia is an attorney licensed in Colorado (Atty. Reg. No. 49481), California (SBN 320744), and Idaho (ISB No. 12628). Fama Regis has entered into a separate contractual agreement with Anthony Garcia, in which in pertinent part Fama Regis is prohibited from exercising any control over Anthony Garcia’s independent professional legal judgment. If Anthony Garcia is assigned to You as an Affiliated Attorney, You may be asked to waive any potential concurrent conflicts of interest. You must agree to waive such potential concurrent conflicts of interest in order to utilize the Services. If You refuse to do so and Fama Regis elects not to assign You a new Affiliated Attorney, Fama Regis may elect to terminate this Agreement and issue You a refund of any amounts to Fama Regis.
15. Waivers.
No failure or delay of Fama Regis in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such right or power, or any course of conduct, preclude any other or further exercise of any other right or power. The rights and remedies of the Parties hereunder are cumulative and are not exclusive of any rights or remedies which they would otherwise have hereunder. Any agreement on the part of any Party to any such waiver shall be valid only if set forth in a written instrument executed and delivered by such Party.
16. No Intended Third-Party Beneficiaries.
This Agreement is not intended to benefit any third-party, except as expressly stated in this Section. Notwithstanding, the forum-selection clauses, arbitration provisions, indemnification, and attorney’s fee clauses of this Agreement shall be enforceable against You by Fama Regis’ members, officers, directors, and employees.
17. Modifications.
This Agreement cannot be modified except by a writing executed by you and Fama Regis referencing this Agreement.
18. Subsequent Versions of this Agreement; Retroactive Application.
If Fama Regis in its sole discretion decides to modify the terms of this Agreement in the future, Fama Regis shall post the revised Terms of Service to the Website with or without notice to You. In the event that Fama Regis adopts a revised version of the Terms of Service, Fama Regis shall have the right to request that, as a condition of continued usage of the Case Dashboard, You review the revised Terms of Service and agree to be bound by them. All non-monetary provisions of the revised Terms of Service shall apply retroactively to the Effective Date of this Agreement. In the event You refuse to be bound by the revised Terms of Service, Fama Regis shall be permitted to immediately terminate this Agreement (which shall be deemed to trigger the Alternative Compensation clause of this Agreement, if applicable).
19. Incorporation; Conflicts of Terms.
This Agreement incorporates by reference the terms and conditions of Fama Regis’ Privacy Policy (the “Privacy Policy”), Refund Policy (the “Refund Policy”), and Ownership Disclosure (the “Ownership Disclosure”), all of which are available on the Website, and any other policy that Fama Regis may in its sole discretion include on the Website from time to time (the “Other Policies”). This Agreement, together with the Privacy Policy, Refund Policy, Ownership Disclosure, and the Other Policies created by Fama Regis that exist on the date You enter into this Agreement shall constitute the full, final, and entire understanding and agreement between the Parties with regard to the subject matters thereof and supersedes all other prior and contemporaneous agreements and understandings, both written and oral, among the Parties with respect to the subject matter thereof. To the extent any inconsistency or conflict exists between the terms of this Agreement and the Privacy Policy, the Refund Policy, or the Other Policies, or any other agreement that may exist between the Parties, You agree the terms of this Agreement shall control.
20. Survival of Terms.
Any and all provisions of this Agreement that would reasonably be expected to be performed after the termination or expiration of this Agreement shall survive and shall be enforceable after such termination or expiration including, without limitation, provisions relating to indemnification, limitation of liability, and governing law.
21. Effective Date of this Agreement.
The effective date of this Agreement (the “Effective Date”) shall be the date and time that You manifest acceptance of this Agreement, which may include, but are not limited to, the following situations: (i) Your clicking of a checkbox indicating that You have read, understood, and agreed to these Terms, or (ii) Your acknowledgement in writing or in an audio recording that You agree to be bound by these Terms.
22. Copies of this Agreement.
Photocopies of this Agreement shall be deemed to be as effective as an original copy of this Agreement. The “best evidence rule,” or any similar rule, shall not apply to invalidate a photocopy of this Agreement.
This Agreement was uploaded to the Website on January 2, 2025.
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