Terms and Conditions
THE FOLLOWING ARE TERMS AND CONDITIONS (TERMS AND CONDITIONS) UPON WHICH YOU MAY USE THIS WEBSITE (“SITE”) AND THE SERVICES PROVIDED BY FRIENDINTHEUSA.COM. BY USING THIS SITE OR PURCHASING PRODUCTS OR SERVICES YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO THE BINDING ARBITRATION PROVISIONS FOUND IN SECTION 31. YOU CONFIRM AND REPRESENT THAT YOU ARE A LEGAL ADULT, 18 YEARS OF AGE OR OLDER. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS FOR ANY REASON, OR IF YOU ARE NOT A LEGAL ADULT AGE 18 YEARS OF AGE OR OLDER, DO NOT USE THIS SITE IN ANY MANNER.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
Use of Site
Thank you for visiting FriendInTheUSA.com. If you do not agree to these Terms and Conditions you are not authorized to further access or use this site.
Not Experts; No Authentication
You understand that the person or entity that performs the FriendInTheUSA service for you is not an expert in any field, and neither possesses nor applies any special or specific skill, knowledge, or expertise to his or her observations. The observations made and reported to you reflect the observer’s personal lay observations and opinions based upon the observations made by him or her at the time the observation was made. We do not perform any tests or inspections. We do not determine whether an item is authentic or fake.
Our Friend Inspectors work very hard to make sure that the information they report to you is accurate and complete. However, the information in the report your receive is not guaranteed. In addition, because we typically do not take possession of the item or property we have no control over substitutions or changes that could possibly occur after the observation is made. We are not responsible for any alterations, changes in condition, or damages to the property being inspected that occur subsequent to the observation. FriendInTheUSA.com does not guarantee or warranty the condition or operation of any item or property upon delivery to you. You are also bound by the provisions of the Disclaimer
If you believe that any of the “hard information” contained in your report is incorrect, you may submit a request for a refund to our Review Panel. The Review Panel may issue, a partial refund, a complete refund, or no refund, in its sole discretion. By “hard information” we mean, for example, model number, serial number, brand name, etc. We do not issue refunds arising out of disputes regarding opinions or other subjective information reported such as descriptions of cosmetic condition or color, for example. You must submit your request within 10 days of the posting of the report, and you should include clear and convincing evidence that the inaccuracy existed at the time the observation was made. Refund requests must be sent to: firstname.lastname@example.org
Right to Refuse Service or Cancel Order
We reserve the right to refuse service or to cancel any order or request for service for any reason at any time and we will refund any payment made.
No person other than the person who places the order shall be entitled to issue instructions or in any way communicate with FriendInTheUSA.com regarding the order. You may not communicate directly, by any means, with your Friend.
Scope of Order
FriendInTheUSA.com is under no obligation to report any facts, observations, information or events that are outside of the express scope of the order and which are not included in the services offered by us as described on this site.
Order Fulfillment Policy
We make every reasonable effort to post your report no later than two to three business days following placement of the order, and most orders should be completed within that period. Business days are Monday through Friday, excluding holidays. However, because our ability to do so is often dependent on a variety of factors such as, for example, order volume in the area or making arrangements to meet with a seller or other necessary party, we do not guarantee that the report will be posted within that time frame or within any specific time frame.
If you cancel your order before it is completed we will issue a full refund.
Title to Goods or Property
For FriendInTheUSA.com services purchased in connection with a sales transaction or proposed sales transaction, FRIENDINTHEUSA.COM DOES NOT VERIFY, CHECK, CONFIRM, REPRESENT, WARRANTY, OR GUARANTEE THAT THE SELLER OR PERSON IN POSSESSION AT THE TIME WE MAKE THE OBSERVATION HAS LEGAL TITLE, OWNERSHIP, OR LEGAL POSSESSION OF THE PROPERTY INVOLVED.
Use of subcontractors
We may, without notice, delegate, assign, or subcontract the service to any person, entity, agent, independent contractor, or subcontractor.
Report Not an Endorsement or Recommendation
A FriendInTheUSA.com report does not constitute a recommendation to purchase or not to purchase, or an endorsement or recommendation of any kind whatsoever.
Maximum Observation Time
We will spend, at our sole discretion, a maximum of fifteen (15) minutes observing the item or property involved in your order, unless your order is an approved custom order which by its terms requires more time.
If we arrive at the observation site and the seller or other party who has agreed to meet us there does not have the item or property available for the observation, you will be charged in full if the Friend has made contact and set up an appointment to conduct the observation.
Entry Upon Private Property
If fulfillment of your order requires us to enter upon private property, you are solely responsible for obtaining the consent and permission of all legally necessary parties (owner, tenant, etc.) and providing confirmation thereof to us. You hereby indemnify and hold us harmless for any claims, liabilities, judgments, costs, expenses, or losses of any kind whatsoever we might suffer in connection with entry upon private property at your request in fulfillment of your order. You agree to provide written documentation of ownership or other rights if we so request.
Our Maximum Liability
The maximum liability of FriendInTheUSA.com for any loss, claim, damage, cost, expense of whatsoever kind or nature arising out of in connection with the services provided by us and/or our representatives, employees, agents, or subcontractors shall be, without limitation, the amount of the fee paid by you, the customer, to FriendInTheUSA. UNDER NO CIRCUMSTANCES WHATSOEVER SHALL FRIENDINTHEUSA HAVE ANY LIABILITY FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS OF ANY KIND.
Changes to Site
We reserve the right to make changes at our discretion and without prior notice to any portion of this site including but not limited to content, policies, Terms and Conditions, or any others.
Third Party Links
This site might contain references or links to other websites owned or operated by third parties. These references and links do not constitute endorsements, advice, referrals, or recommendations by FriendInTheUSA.com to you regarding such third party sites, products, or services. FriendInTheUSA.com nor its affiliates, nor any of its owners, officers, directors, employees, or agents, nor any third party, nor any other user of FriendInTheUSA.com, guarantees the accuracy, completeness or usefulness of any such content, nor its merchantability or fitness for any particular purpose. You may choose to use or not use them at your sole discretion. You agree that FriendInTheUSA.com is not responsible for any loss or damages of any kind arising out of your use of any third party website or purchase of any third party product or service. We reserve the right to disable any link to this site which has not been authorized by us.
Nothing on this site shall be construed as an offer or promise to make any FriendInTheUSA.com service or product or the services or products of any third party available to you. By acquiring the self-reported information you enter and allowing the entry of your order, neither FriendInTheUSA.com nor associated third parties are attempting to sell services or products in any jurisdiction in which they are not authorized to do so. Our services are available only in the United States.
Use and Resale of Reports
You may use the report you order only for your own personal non-commercial use. You shall not trade, barter, publish (in any form via any media whatsoever), sell or resell any report, data, or information obtained or purchased by you from FriendInTheUSA.com to any person or entity whatsoever without FriendInTheUSA.com’s prior written consent. FriendInTheUSA.com may resell, license, or authorize the use of reports upon any terms and conditions it desires, including the report you ordered and purchased, without notice and without your consent. In such event, we will remove your personal information from the report prior to any such use thereof. We may also, without notice and without your consent, enter into agreements or arrangements with sellers or others in which they may be compensated by us for sales of FriendInTheUSA.com reports where they have agreed to make the availability of the FriendInTheUSA.com report known to potential buyers or others. The copyright to all pictures, text, copy, information, and the report itself shall at all times be owned by FriendInTheUSA.com.
Everything on this site, including but not limited to text, graphics, sounds, videos, and logos is protected by trademark, service mark, copyright, patent, trade secret, or by other law, and is the property of FriendInTheUSA.com and other third parties. The contents of the FriendInTheUSA.com website pages, including, but not limited to text, graphics, and icons, are copyrighted materials owned or controlled by FriendInTheUSA.com and contain FriendInTheUSA's name, trademarks, service marks, and trade names. You may download one copy of these materials on any single computer and print a copy of the materials for your use in learning about, evaluating, or acquiring FriendInTheUSA services or products. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify these materials. No permission is granted here to you to use FriendInTheUSA icons, site address, or other means to hyperlink other Internet sites with any page in the FriendInTheUSA Web site, and FriendInTheUSA assumes no responsibility for any other party's site hyperlinked to the FriendInTheUSA.com Web site or in which any part of the FriendInTheUSA.com Web site has been hyperlinked. All rights reserved. These and other FriendInTheUSA graphics, logs and service marks and trademarks of FriendInTheUSA and its affiliates may not be used without prior written consent of FriendInTheUSA or its affiliates, as the case may be. All other trademarks, product names, and company names and logos appearing a on FriendInTheUSA.com are the property of their respective owners. You shall not reverse engineer FriendInTheUSA’s web site or any portion thereof, or the programming code connected therewith, or assist others in doing so.
Prohibited Use of Site
You shall not post or transmit anything on this website which violates any applicable law or regulation, or creates any criminal or civil liability of any kind whatsoever including but not limited to any obscene, pornographic, libelous, slanderous, defamatory statements, information, or other illegal materials. You agree to use FriendInTheUSA.com only for lawful purposes. You are prohibited from posting on or transmitting through FriendInTheUSA.com any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law. If we are notified of allegedly infringing, defamatory, damaging, illegal or offensive content provided by you (e.g., through an online review or chat room), we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such content from the site. We may disclose any content or electronic communication of any kind: (i) to satisfy any law, regulation or government request; (ii) if such disclosure is necessary or appropriate to operate the site; or (iii) to protect the rights or property of FriendInTheUSA, its users or providers. We reserve the right, but do not have the obligation, to monitor your use of this Site and to restrict or terminate your use of the Site or modify or remove any information found on the site for any reason whatsover in our sole discretion Neither FriendInTheUSA, nor its owners, affiliates, nor any of their officers, directors, employees or agents, nor providers shall assume liability for any action or inaction with respect to conduct, communication, or content on FriendInTheUSA.
User Name and Password
You are solely responsible for your user name and password and maintaining the security thereof, and FriendInTheUSA is not responsible for any claims, damages, or losses you suffer by reason of unauthorized use of your password by others.
Feedback, Grant of License
If you send feedback to FriendInTheUSA (comments, questions, documents, suggestions, etc.) you thereby grant us the absolute perpetual and non-revoccable right and license, without compensation, royalty, or attribution, to use such feedback in any manner desired by us, including but not limited to modifying, publishing, distributing, exploiting and/or using such feedback in the development, manufacturing, and marketing of new products and services.
If you desire to make a claim of copyright infringement, please provide written notification thereof to FriendInTheUSA’s DESIGNATED AGENT, Dennis Bova, under the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2) (DMCA), at email@example.com.
THIS SITE, AND EVERYTHING ON IT OR ACCESSIBLE THROUGH IT, INCLUDING OTHER SITES ACCESSIBLE THROUGH THIS SITE, IS PROVIDED STRICTLY ON AN AS IS AND AS AVAILABLE BASIS. FRIENDINTHEUSA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, OF TITLE TO GOODS OR PROPERTY, THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS, SERVICES, OR PRODUCTS INCLUDED ON OR ACCESSIBLE THROUGH THE SITE, THAT ACCESS TO OR OPERATION OF THE SITE WILL BE UNINTERRUPTED OR FREE OR DEFECTS OR ERRORS, OR AS TO THE RELIABILITY, ACCURACY, OR CURRENCY OF ANY INFORMATION ON THIS SITE OR ANY THIRD PARTY SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FRIENDINTHEUSA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR OWN RISK. SOME STATES IMPOSE LIMITATIONS OR DO NOT ALLOW DISCLAIMER OF WARRANTIES, AND IN THOSE JURISDICTIONS THESE DISCLAIMERS MAY NOT APPLY TO YOU.
EXCLUSION AND LIMITATION OF LIABILITY
NEITHER FRIENDINTHEUSA NOR ITS AFFILIATES, NOR ANY OF IT’S OR THEIR OFFICERS, STOCKHOLDERS, MEMBERS, PARTNERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, ASSIGNS, THIRD-PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS, LICENSORS, OR THE LIKE, SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER ARISING FROM THE USE OF THIS SITE OR ANY THRID PARTY SITE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOSS OF USE, OR LOSS OF BUSINESS. NO INFORMATION OR ADVICE, ORAL OR WRITTEN, GIVEN TO YOU OR OTHERS BY FRIENDINTHEUSA, ITS AFFILIATES, OR ANY OF IT’S OR THEIR OFFICERS, STOCKHOLDERS, MEMBERS, PARTNERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, ASSIGNS, THIRD-PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS, LICENSORS, OR THE LIKE, SHALL CREATE A WARRANTY, AND YOU SHALL NOT RELY OR ACT IN RELIANCE UPON ANY SUCH INFORMATION OR ADVICE. BECAUSE SOME STATES MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF SUCH LIABILITY, YOU AGREE THAT LIABILITY IN THOSE JURISDICTIONS IS HEREBY EXCLUDED OR LIMITED TO THE FULLEST EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION.
You shall indemnify and save harmless FriendInTheUSA its owners, stockholders, members, partners, directors, managers, officers, employees, agents, affiliates, successors, assigns, third-party content providers, merchants, sponsors, licensors from any and all claims, damages, losses, liabilities of an kind, lawsuits, costs and expenses, including but not limited to attorneys fees and litigation costs and expenses, incurred by any breach by you of these Terms and Conditions and/or your use of this site or arising out of or in connection with your use of this site, or any other site you enter through this site, to the fullest extent allowed by law. FriendInTheUSA may its sole discretion, defend, compromise or settle any such lawsuit or claim and you shall be bound thereby. Nothing herein shall be deemed or construed to constitute a limitation or waiver of any other rights and remedies available under law or regulation to FriendInTheUSA or the other parties indemnified under this section.
Dispute Resolution; Mediation; Arbitration
If a claim, complaint, or dispute (collectively, a “dispute”) is not brought in accordance with paragraphs 28, 29, and the other provisions of these Terms and Conditions within ninety (90) days after the order is placed, FriendInTheUSA shall be discharged and released from all liability whatsoever for any and all loss, damage, or expense of whatsoever kind or nature which is the subject matter of, or in any way connected to, the dispute. To bring a dispute, the disputing party shall initiate negotiations by giving the other party written notice of the dispute. Within 30 days after receipt of the notice, the receiving party shall submit to the other party a written response. Both the notice and the response shall include (a) a statement of the party's position and a summary of the evidence and arguments supporting that position; and (b) the name of the representative of the party. The representatives shall confer within 30 days of receipt of the disputing party's notice, in person at a mutually acceptable time and place if reasonable or by telephone, at least once and subsequently as often as they reasonably deem necessary, to exchange relevant information and to attempt in good faith to resolve the dispute. If the dispute is not resolved within 30 days of their first meeting, either party may initiate mediation of the dispute under the auspices and procedures of the American Arbitration Association. Also, if either party fails to confer within the times provided here, the other party may initiate the mediation. If the dispute is not resolved within 30 days of the initiation of the mediation, either party may initiate arbitration of the dispute under the auspices and procedures of the American Arbitration Association. Also, if either party fails to participate in the mediation, the other party may initiate the arbitration. YOU EXPRESSLY WAIVE ANY RIGHT TO ARBITRATE ANY DISPUTE AS A CLASS ACTION OR TO CONSOLIDATE INDIVIDUAL ARBITRATIONS. YOU EXPRESSLY WAIVE YOUR RIGHT TO A JURY TRIAL. The arbitrator shall be governed by these Term of Use and may not change it. The arbitrator may not award punitive damages. The award of the arbitrator shall finally resolve the dispute, and judgment upon the award may be entered by any court with jurisdiction to do so. The parties shall share the fees and expenses of the mediator or arbitrator equally. Otherwise, each party shall pay its own negotiation, mediation or arbitration expense. All time limitations specified here may be extended by mutual written agreement. The procedures specified here shall be the sole and exclusive methods for the resolution of disputes between the parties. However, a party may seek a temporary restraining order, a preliminary injunction or other preliminary judicial relief if in its judgment such action is necessary to avoid irreparable damage. Despite such action, the parties shall continue to participate in good faith in the procedures specified here. All applicable statutes of limitation shall be tolled while the procedures specified here are pending. The parties shall take any action required to effectuate such tolling.
NO CLASS ACTION
YOU DO NOT HAVE THE RIGHT TO CONSOLIDATE INDIVIDUAL ARBITRATIONS OR PARTICIPATE IN ANY ATTEMPED CONSOLIDATION OR TO BRING OR PARTICIPATE IN ANY MANNER WHATSOEVER A CLASS ACTION AGAINST FRIENDINTHEUSA. TO THE EXTENT ALLOWED BY LAW, YOU EXPRESSLY WAIVE ANY STATE OR OTHER LAW TO THE CONTRARY.
Jurisdiction and venue
This site is created and controlled by FriendInTheUSA. These Terms and Conditions shall be governed and construed in accordance with laws of the State of Oklahoma, without giving effect to any principles of conflicts of laws.
Assignment; Use of Subcontractors
You may not assign any rights or obligations under these Terms and Conditions or arising out of your use of this site without the prior written consent of FriendInTheUSA. FriendInTheUSA may freely assign or delegate its rights and obligations to any party without notice or consent. FriendInTheUSA may delegate the performance of any part of the services to any agent or subcontractor.
This Agreement is a final expression of the intent of the parties, constitutes the entire agreement and understanding between the parties, and supersedes all prior and contemporaneous oral or written agreements or understandings concerning the settlement described herein. This Agreement may be modified only by a duly executed written instrument signed by both Parties.
In the event that any one or more of the provisions of this Agreement shall be held invalid, illegal, or unenforceable in any respect, such provisions shall be adjusted rather than voided, if possible, in order to achieve the express intent of the parties to this Agreement; and in any event, the validity, legality, and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby.
Headings and Captions
The headings and contained in these Terms and Conditions are for convenience only and shall not be considered or referred to in resolving questions of interpretation.
Any failure of FriendInTheUSA to pursue any legal or equitable remedy or right available to it shall not constitute a waiver of such right, nor shall any such forbearance, failure, or actual waiver imply or constitute waiver of subsequent default or breach. No waiver of a breach of any provision of this Agreement by FriendInTheUSA shall be construed to be a waiver of any breach of any other provision of this Agreement or of any succeeding breach of the same provision. No delay by FriendInTheUSA in acting with regard to any breach of any provision of this Agreement shall be construed to be a waiver of such provision by FriendInTheUSA.
How to Contact Us
You may contact us at:
- Email: firstname.lastname@example.org
- Phone: +1 (405) 233-3900