Fuqua

Fuqua Terms of Use

LAST UPDATED: Aug 1st, 2019.

Hello and thanks for using Fuqua. Our apps and Web sites, and the services made available via our apps and Web sites (all apps, Web sites and services are referred to herein collectively as the “Services”), are here to help you identify telephone calls, including potentially unwanted telephone calls. We (“Fuqua,” we,” or us) want you to have a great experience with our Services, but first, it’s important that you understand the terms and conditions that apply to your use of the Services. Please take a few minutes and read this Terms of Service for Consumer Services agreement (the “Agreement”) and pay special attention to our dispute resolution policy in Section 8, which requires mandatory arbitration of disputes in many circumstances.

This Agreement applies only to the non-commercial, personal use of Fuqua Services by consumers. If you are a business entity or otherwise intend to use Fuqua services for any commercial purpose, you must enter into a separate agreement with Fuqua (a “Commercial Use Agreement”), and this Agreement does not apply to your use of Fuqua services. You may not use Fuqua services for any commercial purpose unless you have entered into a Commercial Use Agreement with Fuqua.


The purpose of this site is to help you not get scammed.
Your number is not you. Your number could be spoofed, meaning that scammers make it look like your number is the one calling someone else they're trying to scam.
What Fuqua does is enable reports to be written on numbers. It is not individuals we target.
Privacy is very important for us. If you have any reason to believe wrong info on you exists, do not hesitate to contact us.




FCRA Notice

Fuqua is not a Consumer Reporting Agency as defined by the FCRA, the Fair Credit Reporting Act. This means that you should not use the information found on this website to make decisions relative to: hiring / making credit / other things defined by the FCRA.



1. Acceptance of Terms

By using any of the Services that contain or link to this Agreement, you agree to be legally bound by the terms and conditions of this Agreement.

Certain features of the Services may be subject to additional guidelines, terms or rules, which will be posted in or on the Services in connection with such features. All such additional terms, guidelines and rules are incorporated by reference into this Agreement.

2. Requirements to Use the Services

2.1. Minimum Age for Eligibility

If you reside in the European Union or are otherwise under the scope of the General Data Protection Regulation of the European Parliament and of the Council (Regulation (EU) 2016/679, “GDPR”) you must be sixteen (16) years of age or older to use the Services. If you are not in the European Union or otherwise under the scope of the GDPR, you must be thirteen (13) years of age or older to use the Services (in either case, the Minimum Age). If you are between the ages of thirteen (13) and eighteen (18), you must have parental consent to use the Services.

If applicable law in the jurisdiction in which you reside requires you to be older in order for Fuqua to provide the Services to you, including the collection, storage, and use of your contact information, then the Minimum Age is the legally required older age. The Services are not for use by anyone under the age of 13 years.

An additional age restriction is contained in Sections 3.1, below.

2.2. Restrictions on Your Use of Fuqua Data

You may only use the Services and the information you obtain through the Services (“Fuqua Data”) for your own personal, non-commercial use, and only in accordance with all applicable laws, rules and regulations. Among other limitations contained herein, you may not:

  • Use any Fuqua Data for marketing purposes, including, but not limited to, making telemarketing calls, transmitting unsolicited paper mail, facsimile messages, text messages, email messages, or any other type of messages;
  • Compile the Fuqua Data in a database (other than your device’s address book) and store such data for any future use;
  • Use any Fuqua Data for tortious purposes, including to stalk, harass, or threaten any individual;
  • Publish, transmit, distribute, or resell any Fuqua Data; or
  • Store Fuqua Data via physical media, or data mine or otherwise aggregate information or data made available through any Services for any purpose outside the scope of this Agreement, or any other applicable agreement between Fuqua and you. 

2.3. Account Creation

In order to access certain Services, including the addition of personal listing or the modification or suppression of information in an existing personal listing, you may be required to create a Fuqua user account (an Account) using your phone, e-mail, or as further described in Section 3.3 (Third Party Log-In), a social media account. To create an Account, you must provide certain information about yourself, such as name, email address, or phone number (such information, Registration Data), and answer all inquiries marked “required.” If you create an Account, you agree:
(i) that the Registration Data you provide to us will be true, accurate, current, and complete at the time you provide it;
(ii) to maintain and update your Registration Data to keep it true, accurate, current and complete; and
(iii) that we may contact you using your Registration Data to confirm your Registration Data before you may use certain Services or to deliver notices or advertisements related to the Services.

We reserve the right to terminate your license to use the Services and to refuse to provide you with current or future access to the Services if we reasonably believe any of your Registration Data is, or appears to be, untrue, inaccurate, not current, incomplete or outdated. In the event you change or deactivate the phone number(s) you used to create or add to an Account, you agree to update your Registration Data within 30 days to ensure that your information is not attributed to a person or business who acquires your old phone number.

2.4. Account Security

You are responsible for maintaining the confidentiality of your Account credentials (such as your username and password) and for all activities, charges and/or liabilities that occur from your Account, whether or not authorized by you. You must immediately notify Fuqua of any unauthorized use of your Account credentials or any other breach of security of which you become aware. We will not be liable for any loss or damage arising from your failure to comply with this section.

3. User Content

3.1. Your Grant of Rights and Representations Regarding User Content

In the course of using the Services, you may upload, post, transmit or otherwise make available to us certain information, data, materials or other content, including information about yourself (“User Content”). You grant us a world-wide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, perform, display, distribute, create derivative works in, store and archive such User Content. Also, you understand and agree that Fuqua retains the right to reformat, excerpt or translate any User Content provided or transmitted by you. Unless otherwise stated in this Agreement, by submitting User Content, you represent and warrant that:
(i) you are at least 18 years old;
(ii) you own and control all rights to such User Content, or you have the lawful right to distribute, reproduce, and provide such User Content;
(iii) such User Content is accurate and not misleading; and
(iv) transmitting or providing such User Content does not: (a) violate this Agreement or (b) violate the rights of, or cause any injury to, any person or entity.

You also agree that we may collect and use technical information such as your IP address, device ID and other information, including, but not limited to, technical data about your device and system software and peripherals, to facilitate the provision of software updates, product support and other services to you related to the Services.

We may edit or refuse to send or post any User Content, in whole or in part, or remove any User Content, in whole or in part, in our sole discretion. In the event that you lose rights to any User Content you provided, added, or transmitted to or through our database (whether or not you kept it private) for any reason (including changing your phone number), you hereby agree that you will immediately use the tools we make available to you to remove such User Content.

3.2 Feedback

While we appreciate receiving comments, ideas, suggestions, feedback or the like regarding any Services or any other products or services of Fuqua (collectively, Feedback), we shall have no obligation to you of any kind, monetary or non-monetary, with respect to Feedback and we shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works from and distribute the Feedback to others without limitation or obligation. We will not treat your Feedback as confidential.

3.3. Third Party Log-In

If you log in to the Services using your credentials for a social media account such as Facebook, Twitter, LinkedIn or Google+, or link such account with your Fuqua account, you may be redirected to a sign-in request page. By signing-in using your credentials for that service, you agree that Fuqua may access certain information received from that service, as specified in the sign-in process, and use such information to facilitate your log-in and to provide the Services to you.

You represent and warrant that you will remain in compliance with the terms and conditions of your social media account(s) while using the applicable Services.

3.4. No Obligation to Monitor

We have no obligation to review or monitor your User Content or content that other users submit through the Services. Therefore, you accept that you, via the Services, may be exposed to information that is erroneous or otherwise objectionable.

Even though we are not obligated to review or monitor the content submitted by our users, we reserve the right to do so for the purpose of operating the Services, to ensure your compliance with this Agreement, or to comply with applicable law or the requirement of a court, administrative agency or other governmental body.

You understand and agree that Fuqua will not be liable for any content publicly posted or privately transmitted through the Services. You understand and agree that we cannot guarantee the identity, statements or representations of any other users with whom you may interact in the course of using the Services. Additionally, we do not guarantee that any content obtained from our users or otherwise, is accurate, complete, authentic, current or reliable.

4. License & Termination; Fuqua Proprietary Rights

Unless otherwise indicated, the Services, and all content and other materials available on or through the Services, including, without limitation, Fuqua Data, but excluding User Content (collectively, the Materials), are proprietary to Fuqua or its affiliates or licensors, and are protected by U.S. and international intellectual property laws. Subject to your compliance with the terms and conditions of this Agreement, and in consideration of your promises reflected herein (and with respect to any Services requiring payment of fees, your payment of such fees), we grant to you a personal, non-exclusive, limited license for your own personal, non-commercial use to:
(i) access and use the Services,
(ii) cause the Materials to be displayed from a single computer or mobile device, and
(iii) use the Materials, solely as permitted under this Agreement (the License). The License does not include a license to you to use Fuqua’s name or trademarks for any purpose. All rights and licenses not expressly granted to you in this Agreement are retained by Fuqua.

Fuqua may revoke or terminate the License granted above in its sole discretion, at any time. Without limiting the generality of the foregoing, we may revoke or terminate the License if you:
(i) breach any obligation in this Agreement or in any other agreement between you and us,
(ii) violate any policy or guideline applicable to the Services or Materials, or
(iii) use the Services or the Materials other than as specifically authorized in this Agreement, without our prior written permission.

Fuqua may discontinue, terminate, suspend or shut down the Services, in part or in whole, at any time, for any or no reason. We may give notice of such discontinuation, termination, suspension or shut-down through any means, including, but not limited to, making such notice available on or through the Services or otherwise publicly announcing such discontinuation, termination, suspension or shut-down. Upon any such action by Fuqua, your License shall automatically terminate with respect to the affected Services and you must immediately stop using all affected Services.

5. General Obligations and Restrictions

5.1. You agree that you will comply with all laws, including without limitation, U.S. export control laws, applicable to your use of the Services and Materials.

5.2. You agree that you will not do the following:

  • Engage in any unauthorized use of the Services or Materials (including, without limitation, political campaigning, advertising, marketing, solicitations, promotions, resale or, except as otherwise expressly permitted by Fuqua, any commercial uses);
  • Transmit or otherwise make available any content that:
    (i) you do not have the right to transmit using the Services,
    (ii) may expose Fuqua or its affiliates, licensors, or users, to any harm or liability, or
    (iii) is unlawful;
  • Transmit or otherwise make available any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Post, publish, or transmit any text, graphics, or material that:
    (i) is false or misleading;
    (ii) is defamatory;
    (iii) invades another’s privacy;
    (iv) is obscene, pornographic, or offensive;
    (v) promotes bigotry, racism, hatred, or harm against any individual or group;
    (vi) infringes another’s rights, including any intellectual property rights; or
    (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
  • Copy any portion of the Services or Materials or any underlying content or source code;
  • Reverse engineer, disassemble, decipher or decompile any portion of the Services or Materials, or otherwise attempt to discover or re-create the source code to any software;
  • Distribute the software or source code behind the Services or Materials to any third party;
  • Except as otherwise expressly permitted by Fuqua, make any modification, adaptation, improvement, enhancement, translation or derivative work of or to any portion of the Services or Materials;
  • Remove, alter, or obscure any copyright or other proprietary notices of Fuqua or its affiliates or licensors in any portion of the Services or Materials;
  • Violate the intellectual property rights of others, including patents, trademarks, trade secrets, copyrights or other proprietary rights;
  • Obscure or disable any advertisements that may appear on or through the Services;
  • Use any type of automated means to utilize the Services or Materials;
  • Access without authorization any networks, systems, or databases used in providing the Services, or any accounts associated with Services, or access or use any information contained therein for any purpose;
  • Attempt to probe, test, hack, or otherwise circumvent any security measures;
  • Violate any requirements, policies, procedures or regulations of any network connected to the Services;
  • Use any of the Services in any manner that could damage, disable, overburden, or otherwise impair the Services (or the networks connected to the Services);
  • Interfere with or disrupt the use and enjoyment by others of the Services or the Materials;
  • Falsely state, impersonate, or otherwise misrepresent your identity or your affiliation with any person or entity;
  • Use the Services or Materials to send unsolicited email, “spam,” or promotions or advertisements for products or services;
  • Use the Services or Materials in any manner to stalk, harass, invade the privacy of, or otherwise cause harm to, any person;
  • Use the Services or Materials in any manner that exposes Fuqua to any harm or liability of any nature;
  • Use the Services or Materials in violation of any federal, state, or local law, rule, or regulation, whether now existing or enacted in the future;
  • Copy (except in the course of loading or installing) or modify any Services, including but not limited to adding new features or otherwise making adaptations that alter the functioning of the Services;
  • Transfer, sublicense, lease, lend, rent or otherwise distribute the Services to any third party;
  • Make the functionality of the Services available to multiple users through any means, including but not limited to by uploading one of our apps to a network;
  • Engage in “framing,” “mirroring” or otherwise simulating the appearance or function of the Services;
  • Use manual or automated software, devices, scripts robots, other means or processes to access, scrape, or crawl, the Services or any related data or information;
  • Monitor the Services’ availability, performance or functionality for any competitive purpose.

 Fuqua has the right to investigate and bring claims for violations of any of the above to the fullest extent of the law. We may, but are not required to, provide notice of such violations beforehand. We may involve and cooperate with law enforcement authorities in prosecuting users who violate terms of this Agreement.

6. Other Provisions

6.1. Special Provisions Applicable to Installed Software

If you have installed on your device any software made available by Fuqua for use of any Services, such as a Fuqua app, you agree that from time to time, the Services may automatically download and install upgrades, updates and additional features for the software in order to improve, enhance, and further develop the Services.

6.2. Special Provisions Applicable to Users Outside the U.S.

The following provisions apply to users who interact with Fuqua outside the United States:

  • You understand and agree that your personal data may be transferred to and processed outside of the country in which you live.
  • You will not use the Services if you are prohibited from receiving products, services or software originating from the United States.

Fuqua makes no representation that the Services are available for use in any particular location. To the extent you choose to access and/or use the Services, you are responsible for compliance with any applicable laws, including, but not limited to, applicable local laws.

6.3. Special Provisions Applicable to Users in Certain Jurisdictions

Many of our Services are available globally. Additional terms and conditions may apply to users of Services in certain jurisdictions and will, in such cases, be disclosed to you prior to your use of the Services.

6.4. Special Provisions Applicable to Specific Fuqua Services

Different or additional terms and conditions may apply to certain Services. In any such case, you will be given notice of the different or additional terms prior to use of such Services.

7. Disclaimer; Limitation on Liability; Indemnification

7.1. Disclaimer of Warranty

THE SERVICES AND THE MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES AND MATERIALS IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICES OR MATERIALS AND FOR ANY DISCLOSURE OF INFORMATION THAT YOU UNDERTAKE WHILE USING THE SERVICES OR MATERIALS.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, Fuqua AND ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT AND IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES OR MATERIALS.

WITHOUT LIMITING THE FOREGOING, NEITHER Fuqua NOR ANY OF ITS AFFILIATES OR LICENSORS, NOR THE RESPECTIVE OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES OF SUCH PARTIES (COLLECTIVELY, THE Fuqua PROVIDERS) REPRESENT OR WARRANT
(I) THAT THE SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE OR ERROR FREE;
(II) THAT THE SERVICES OR MATERIALS WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, RESPONSIVE OR SECURE;
(III) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR MATERIALS WILL BE FREE FROM VIRUSES, “WORMS,” “TROJAN HORSES” OR OTHER HARMFUL PROPERTIES;
(IV) THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIALS AVAILABLE ON OR THROUGH ANY SERVICES;
(V) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; OR
(VI) THAT THE SERVICES OR MATERIALS ARE NON-INFRINGING.

Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above limitations and exclusions may not apply to you.

7.2. Limitation of Liability

IN NO EVENT SHALL ANY OF THE Fuqua PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH:
(I) USE OF THE SERVICES OR MATERIALS, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY OF THE SERVICES OR MATERIALS,
(II) ANY INABILITY TO USE THE SERVICES OR MATERIALS FOR WHATEVER REASON, OR
(III) ANY GOODS OR SERVICES DISCUSSED, PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH ANY SERVICES, IN EACH CASE EVEN IF THE Fuqua PROVIDERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE Fuqua PROVIDERS ARISING OUT OF OR RELATING TO THE USE OF THE SERVICES OR MATERIALS EXCEED ONE HUNDRED UNITED STATES DOLLARS.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and exclusions may not apply to you. In the same manner, some of the limitations and exclusions described above may not apply to you in case of damages arising from the violation of the GDPR.

7.3. Indemnification Obligations

You agree to hold harmless, defend and indemnify the Fuqua Providers from all liabilities, claims, demands and expenses, (including, but not limited to, reasonable attorneys’ fees), that are due to, arise from or otherwise relate to your use or misuse of any of the Services or Materials, including, without limitation, any actual or threatened suit, demand or claim made against any Fuqua Provider that arises out of or relates to:
(i) any intellectual property rights or other proprietary rights of any third party,
(ii) your breach of this Agreement; or
(iii) any User Content that you store on or transmit through the Services. Fuqua may assume exclusive control of the defense of any matter subject to indemnification by you, and you agree to cooperate with Fuqua in such event.

8. Dispute Resolution; Class Action Waiver; Limitation on Time to Bring Claims

THE TERMS OF THIS SECTION 8 APPLY TO ANY DISPUTE, CLAIM OR CONTROVERSY BETWEEN YOU AND Fuqua RELATING IN ANY WAY TO THIS AGREEMENT OR YOUR ACCESS TO OR USE OF THE SERVICES, WHETHER BASED IN CONTRACT, STATUTE, REGULATION, ORDINANCE, TORT (INCLUDING, WITHOUT LIMITATION, FRAUD, MISREPRESENTATION, FRAUDULENT INDUCEMENT, OR NEGLIGENCE), OR ANY OTHER LEGAL OR EQUITABLE THEORY (“DISPUTE”).

If you have a Dispute with Fuqua, you must send written notice describing the Dispute to Fuqua to allow Fuqua an opportunity to resolve the Dispute informally through negotiation. If we have a Dispute with you, we will send written notice (email or letter) describing the Dispute to you. The parties agree to negotiate resolution of a Dispute in good faith for no fewer than 30 days after notice of a Dispute has been provided.

IF THE DISPUTE IS NOT RESOLVED WITHIN 30 DAYS FROM RECEIPT OF NOTICE OF THE DISPUTE, YOU OR Fuqua MAY PROCEED TO HAVE THE DISPUTE RESOLVED THROUGH ARBITRATION AS EACH PARTY’S EXCLUSIVE DISPUTE RESOLUTION PROCESS (EXCEPT FOR THE LIMITED EXCEPTIONS TO ARBITRATION SET FORTH BELOW). ARBITRATION MEANS THAT THE DISPUTE WILL BE RESOLVED BY A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY.

NOTWITHSTANDING THE FOREGOING, YOU AND Fuqua AGREE THAT (A) ANY DISPUTE THAT MAY BE BROUGHT IN SMALL CLAIMS COURT MAY BE INSTITUTED IN SMALL CLAIMS COURT IN YOUR COUNTY OF RESIDENCE OR KING COUNTY, WASHINGTON INSTEAD OF BEING RESOLVED THROUGH ARBITRATION, AND (B) EITHER PARTY MAY SEEK INJUNCTIVE RELIEF IN ANY COURT OF COMPETENT JURISDICTION TO (I) ENJOIN INFRINGEMENT OR VIOLATION OF ANY DATA USE RESTRICTIONS CONTAINED IN THIS AGREEMENT, OR (II) ENJOIN SCRAPING, WEB CRAWLING OR UNAUTHORIZED ACCESS TO EITHER PARTY’S WEB SITES OR SERVICES.

Any arbitration, if required, will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures, which are located at http://www.jamsadr.com/rules-streamlined-arbitration, and these rules will govern the payment of all filing, administration, and arbitrator fees, unless this Section 8 expressly provides otherwise. If the amount of any claim in an arbitration is USD $10,000 or less, Fuqua will pay all filing, administration and arbitrator fees associated with the arbitration, so long as
(i) you make a written request for such payment of fees and submit it to the JAMS with your Demand for Arbitration, and
(ii) your claim is not determined by the arbitrator to be frivolous. In such case, we will make arrangements to pay all necessary fees directly to the JAMS. If the amount of the claim exceeds USD $10,000 and you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Fuqua will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse Fuqua for all fees associated with the arbitration paid by Fuqua on your behalf, which you otherwise would be obligated to pay under the JAMS’s rules.

The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is USD $10,000 or less, either of us may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on us subject to the arbitrator’s discretion to require an in-person hearing. Attendance at any in-person hearing may be made by telephone by you and/or us, unless the arbitrator requires otherwise.

YOU AND Fuqua EACH WAIVE ALL RIGHTS TO CONDUCT DISPUTE RESOLUTION PROCEEDINGS IN A CLASS ACTION OR CONSOLIDATED ACTION. YOU AND Fuqua EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS, WITH THE SOLE EXCEPTION OF REPRESENTATIVE SUITS THAT ARE PERMITTED BY, AND DEEMED UNWAIVABLE UNDER, STATE LAW. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

If any clause within this Section 8 (other than the class action waiver clause above) is determined to be illegal or unenforceable, that clause will be severed from this Section 8, and the remainder of this Section 8 will be given full effect. If the class action waiver clause is determined to be illegal or unenforceable, this entire Section 8 will be void and unenforceable, and the Dispute will be decided by the courts of the state of Washington, King County, or the United States District Court for the Western District of Washington, as provided below in Section 10.4.

EACH PARTY AGREES THAT, REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE SERVICES OR MATERIALS MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE. ANY CLAIM NOT FILED WITHIN THE FOREGOING ONE-YEAR PERIOD WILL BE FOREVER BARRED.

The dispute resolution provisions of this Section 8 shall not apply to legal disputes that concern Fuqua’s violation of the data protection obligations under the GDPR.

9. How to Report Claims of Copyright Infringement

Fuqua respects the intellectual property rights of others. If you believe your copyright is being infringed on any of our Services, please contact us.

Fuqua strives to respond promptly to notices of alleged copyright infringement that comply with the applicable provisions of the Digital Millennium Copyright Act, which may include removing or disabling access to material claimed to be the subject of infringing activity. If you believe that any of the Materials available on or through the Services infringes upon any copyright you own or control, or that any link made available on or through the Services directs users to another application or Web site that contains material that you own or control, please send us a notice of infringement by following the steps provided.

10. General Terms

10.1. Third-Party Links

Fuqua may, as a convenience to its users, make links to third-party Web sites or applications (“Third Party Applications”) available on or through the Services. In addition, subject to your authorization, certain Services may access your accounts for third-party services.  Fuqua does not make any representation, warranty or guarantee regarding any Third Party Applications. Fuqua is not responsible or liable for:
(i) the availability, functionality, or accuracy of such Third Party Applications;
(ii) the information, content, products, or services on or available therefrom; or
(iii) any damages or loss caused or alleged to be caused by or in connection with the use of or reliance on such Third Party Applications or the information, content, products, or services on or available therefrom.  Access to such Third Party Applications does not imply any endorsement by Fuqua. You acknowledge sole responsibility for and assume all risk arising from your use of any Third Party Applications, as well as all responsibility and risk related to any terms and conditions or other agreements which govern such Third Party Applications.

10.2. Severability

If any part of this Agreement is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

10.3. Revision of Agreement

Fuqua reserves the right to revise this Agreement at any time by posting a revised Agreement on this Web site or otherwise making such revised Agreement available through the Services. If we make material revisions to this Agreement, we will use the date at the top of this Agreement to indicate the date it was last revised. The revised Agreement will be effective immediately upon its being posted on this Web site or being made available through the Services. Your use of the Services following the posting of any such revisions will constitute your acceptance of any such revisions. We encourage you to review this Agreement each time you use the Services to make sure that you understand the applicable terms. If you do not agree to all the terms and conditions in this Agreement, you must immediately terminate your use of the Services and Materials.

10.4. Waiver

If we do not enforce a breach of this Agreement by you, that does not mean that we have waived our right to enforce this Agreement against you for any future breach by you.

10.5. Assignment

You may not assign or transfer this Agreement (or your membership or use of Services) to anyone without our consent. However, you agree that Fuqua may assign this Agreement without consent. There are no third-party beneficiaries to this Agreement, other than as explicitly provided herein.

10.6. Language; Services Provided from United States

These Terms of Service are written in English (US), although we may provide translated versions at our discretion. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

10.7. Governing Law; Venue; Jurisdiction

THE FEDERAL ARBITRATION ACT, APPLICABLE FEDERAL LAW, AND THE LAWS OF THE STATE OF WASHINGTON, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THIS AGREEMENT AND ANY DISPUTE THAT MIGHT ARISE BETWEEN Fuqua AND YOU.

YOU IRREVOCABLY CONSENT AND WAIVE ALL OBJECTIONS TO PERSONAL JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN KING COUNTY, WASHINGTON, USA, FOR ALL DISPUTES THAT MAY BE BROUGHT IN COURT UNDER SECTION 8. THE VENUE FOR ANY CLAIM THAT MUST BE BROUGHT IN AN ARBITRATION FORUM SHALL BE AS SET FORTH IN SECTION 8.

In case of data protection matters where GDPR is applicable, the provisions of this Section 10.4 shall only apply to the extent allowed by the GDPR.

10.8. Relation to Third Party Agreements

Fuqua may operate, individually or jointly, with third-party applications or Web sites that incorporate the Services or Materials. In addition to the terms and conditions of this Agreement, your use of any third-party Web sites, products, or services may be subject to separate terms and conditions of the third parties that make them available, but such third-party terms and conditions do not supersede or otherwise apply to your use of the Services. We encourage you to review applicable policies and agreements when you use any product or service, including this Web site.