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Your Agreement with iBehavioral, Inc
I. DEFINITIONS
“We”/”Us”/”Our”/”iBehavioral, Inc DBA iBTechCo or FameYah Media .” means iBehavioral, Inc. of PO BOX 1062, Seymour, TN 37865 and/or any of its departments, corporation entities, subsidiaries and/ or affiliates involved in providing the Services.
“You”/”Your”/”Yourself”/”User” means the user of the Website and/or customer of the Services.
“Services” means any services offered by iBehavioral, Inc. on its Website including, but not limited, to cloud application deployment, management, and infrastructure management – and any other services it provides to the User whether or not such services are classified under any NAICS government code.
II. PRELIMINARY
These terms of service (the Terms) relate to your use of the Services provided by iBehavioral, Inc . under the domain names iBTechCo.com or FameYahMedia.com (‘the Website’).
We have the right to revise and amend these Terms and/or the Services from time to time at Our sole discretion which may include, among others, such changes made to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in Our system’s capabilities or for any other reason in Our sole discretion which we may decide. Your continued access to or use of the Website and/or the Services constitutes Your acceptance of any such change and/or amendment.
III. BY ACCESSING OR OTHERWISE USING THE WEBSITE AND/OR THE SERVICES, YOU AGREE AS FOLLOWS,
1) Acceptance of the Terms. Your continued access to or use of the Website and/or the Services constitutes your acceptance of our Acceptable Use Policy, of our Privacy Policy, of our SLA, and these Terms. Certain Services may require additional terms and conditions in which case your clicking of “I ACCEPT” buttons and/or other prompts and/or any other similar methods of acquiring your consent will constitute your acceptance of the said terms and conditions.
2) You may not use the Services and may not accept the Terms if:
a) You are not of legal age to form a binding contract between yourself and iBehavioral, Inc, or
b) You are a person barred from receiving the Services under the laws of Tennessee or other jurisdictions including the jurisdiction in which you are resident or from which you use / will use the Services. iBehavioral, Inc . provides value-added service solely and via various third-party cloud providers and applications. As a client of iBehavioral, Inc . you agree to uphold the license/user agreements of any such cloud providers and application providers to the extent it applies to your use of any services offered by iBehavioral, Inc . Please also read any cloud services and applications license agreements as may be applicable. As a user of iBehavioral, Inc . services, you agree to uphold the terms of any such cloud services and applications license agreement to whatever extent they apply to your usage of cloud services, applications and/or Services.
PLEASE KEEP IN MIND THAT SOME OF THE CONTENT THAT WE MAKE AVAILABLE TO YOU THROUGH IBEHAVIORAL, INC SERVICES MAY ORIGINATE FROM THIRD-PARTY CLOUD SERVICES AND APPLICATIONS. ALL SUCH THIRD-PARTY CONTENT IS PROVIDED TO YOU “AS IS.” AND YOUR USE THEREOF MAY BE SUBJECT TO CHANGE AND/OR REMOVAL AT ANY TIME BEYOND THE CONTROL OF IBEHAVIORAL, INC . IBEHAVIORAL, INC ., SHALL UNDER NO CIRCUMSTANCES WHATSOEVER ACCEPT LIABILITY RESULTING FROM YOUR USE OF ANY SUCH THIRD-PARTY SERVICES AND/OR CONTENT.
IV. REGISTRATION, SECURITY, AND USAGE
1. You must provide accurate and complete registration information any time you register to use any of the Services. You are responsible for the security of your passwords and for any use of your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify iBehavioral, Inc . immediately. Accordingly, you agree that you will be solely responsible for all activities which occur under your account.
2. You agree to use the application only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from Tennessee or other relevant countries).
3. You may neither share nor re-sell your iBehavioral, Inc account or Services to any third parties.
4. Unless you have been specifically permitted to do so in a separate agreement with iBehavioral, Inc ., you agree that you will not reproduce, duplicate, copy, sell, trade, or resell the Services for any purpose.
5. You agree not to engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
6. Any license to use any third-party applications is granted directly from the original provider of the third-party application(s) directly to you. You agree to abide by all the terms and conditions of any such license. You will be solely responsible for paying for and obtaining the rights to any third-party applications you install and/or operate through and/or in connection with the Services, and for compliance with the applicable terms and conditions of each third-party application license.
7. Some of the Services you request iBehavioral, Inc to manage or conduct research for you may require that you establish your own account with one or more third-party providers. You will be solely responsible for paying for and establishing an account with each third-party Provider you select, and for compliance with the terms of use applicable thereto. You agree to abide by the terms of service and acceptable use policy (AUP) of each third-party Provider that you request management, research, or use through the Services (if any). You must provide iBehavioral, Inc . with your Provider Account credentials that are necessary for iBehavioral, Inc . to access and manage your use of the third-party Provider servers, including, without limitation, accessing servers as necessary to identify or resolve technical problems or to respond to any issues related to or connected with the Services. iBehavioral, Inc . will use reasonable efforts to maintain the confidentiality and security of your Login Credentials and Account information.
8. iBehavioral, Inc . has also established its own accounts (“IBehavioral, Inc Provider Accounts”) with one or more third-party cloud providers, which iBehavioral, Inc . may use to provide you with the services. iBehavioral, Inc . will be responsible for paying for and establishing the account with such Providers, provided that you will be responsible for paying iBehavioral, Inc . the portion of the Provider fees allocated to you (of which you will be notified in advance), and for compliance with the terms of use applicable thereto.
9. iBehavioral, Inc . may offer (or act as an intermediary in the offering of) certain application trials including the ability for you to install the said applications on a temporary basis for trial purposes. YOU ACKNOWLEDGE THAT THESE SERVERS AND APPLICATIONS ARE INTENDED TO BE TEMPORARY INSTALLATIONS AND THAT IBEHAVIORAL, INC . MAY DELETE APPLICATIONS AND SHUT DOWN RELEVANT SERVERS AT ANY TIME.
V. LIMITATION OF LIABILITY
To the fullest extent permitted by law, under no circumstances, and under no legal theory, whether tort (including negligence), contract, or otherwise, shall iBehavioral, Inc . or any other contributor or supplier of iBehavioral, Inc ., be liable to any person for any indirect, special, incidental, or consequential damages of any kind including, without limitation, damages for loss of goodwill, work stoppage, interruption of the services. computer failure or malfunction, loss of data, or any and all other commercial damages or losses, even if such party shall have been informed of the possibility of such damages. You further understand and agree that while every reasonable precaution shall be undertaken by iBehavioral, Inc ., We are not and shall not be responsible for any loss or damage incurred by you, including but not limited to loss or damage as a result of:
1. Any changes to the Services made by iBehavioral, Inc ., or any temporary or permanent cessation in the provision of the Services (or any features within the Services),
2. The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of service,
3. Interruption of services, malware (including viruses and/or Trojans), and/or other errors over which iBehavioral, Inc . has no control,
4. Any third-party services and/or content of any kind. You understand that any hyperlinks to third-party websites shall be regulated by the terms and conditions of third parties and that access to/use of such third-party websites shall be at your own risk.
Without prejudice to the foregoing, should a court of law or other adjudicating body still find against iBehavioral, Inc . regarding any matter relating to the Services, iBehavioral, Inc .’s maximum liability against the claimant shall not exceed the total amount in fees which the claimant was paying/shall pay for six months of the Services in question.
VI. MUTUAL CONFIDENTIALITY
Both parties (iBehavioral, Inc . and User) agree not to disclose to any third party-confidential information of iBehavioral, Inc ., or the User, except as may be necessary for iBehavioral, Inc . to offer the Services. Both parties further agree that they will not use, remove, transfer, transmit, reproduce or otherwise deal with confidential information or other tangible or intangible property of either party, except for the sole purpose of performing the Services.
VII. GENERAL LEGAL TERMS, MISCELLANEOUS
1. iBehavioral, Inc . may make changes to the Terms from time to time. When these changes are made, iBehavioral, Inc . will make a new copy of the Terms available at www.iBTechCo.com or FameYahMedia.com. iBehavioral, Inc may also notify You of any substantial changes on the email address provided by You during the registration process, and give You the opportunity to not renew Your contract with Us should you not agree with these substantial changes. You understand and agree that if you use the Services after the date indicated in the said email, iBehavioral, Inc . will treat your use as acceptance of the updated Terms.
2. If iBehavioral, Inc . provides you with a translation of the English language version of these Terms, the English language version of these Terms will prevail over any other language version in case of any conflict.
3. iBehavioral, Inc . is constantly striving to better its offerings and will contact the User using the email (or telephone number) provided after signing up for these and other purposes specifically relating to the Services such as: sending welcome emails, sending the password reset information, notification of billing, follow-up on signup, and for other messaging needs; all the above in full compliance with Tennessee or Federal data protection legislation.
4. User irrevocably agrees to accept all notices, of whatever nature, legal or otherwise, by electronic mail or other digital delivery systems at the discretion of iBehavioral, Inc . for any matter or any proceeding for which notice is required.
5. The Services may include hyperlinks to other websites, content or resources. iBehavioral, Inc . may have no control over any websites or resources which are provided by companies or persons other than iBehavioral, Inc. The User agrees to be bound exclusively by the terms and conditions of any such third party website.
6. You acknowledge and agree that iBehavioral, Inc . is not responsible for the availability of any such external sites or resources as described in Section 5 above, and does not endorse any advertising, products or other materials on or available from such websites or resources.
7. You agree that if iBehavioral, Inc . does not exercise or enforce any legal right or remedy which is contained in the Terms (or which iBehavioral, Inc . has the benefit of under any applicable law), this will not be taken to be a formal waiver of iBehavioral, Inc . rights and that those rights or remedies will still be available to iBehavioral, Inc .
8. iBehavioral, Inc . employs industry standards technology and best practices to manage, store, and protect your login information. In no case shall iBehavioral, Inc . be held liable for any damages incurred as a result of such network or software related breach. In case of a breach iBehavioral, Inc . will immediately notify you via email or phone call, as iBehavioral, Inc . deems sufficient, to take necessary actions from your end.
9. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
10. iBehavioral, Inc . may automatically back up and shut down applications and servers at various times, including without limitation, when you log out of the Service, if you do not respond to a prompt after a certain period of time, or if you explicitly request, or if iBehavioral, Inc . detects that your application or server is malfunctioning. The data and software backed up during this process (a “Backup”) can be restored, but such restoration is not guaranteed to reproduce the exact state of the application or server at the time the Backup was created, particularly if you have used the “terminal” capability or otherwise directly accessed the Server.
11. iBehavioral, Inc . reserves the right to modify or discontinue the features, functionality and other attributes of the Services at any time in its sole discretion. You acknowledge and agree that iBehavioral, Inc . will not be liable to you in connection with its modification or discontinuation of the Services.
REFUNDS
No refunds are offered once the invoice is paid, initiated, or after Products or Services are completed or delivered. To protect the reputation of iBehavioral, Inc , iBehavioral, Inc does not accept all clients requesting services unless they have met a certain level of quality in their operations and are deemed an ethical company. At any time iBehavioral, Inc can determine if the Client's quality of Products, Services, or Relational Behavior declines from the perceived quality of when iBehavioral, Inc's contracts were initiated and binding resulting from the Client paying the invoice which is evidence of accepting the Terms and Conditions of https://www.fameyahmedia.com/termsofservice. iBehavioral, Inc reserves the right to terminate contracts.
In the event there is a dispute over services rendered, you agree to to discuss the issue with iBehavioral, Inc. to attempt to settle the dispute for a period of not less than 60 days. During this 60-day settlement period, neither party may institute a proceeding in any jurisdiction and you may not file for any credit card chargeback. Filing of a chargeback during this 60-day settlement period shall result in an immediate termination of services with no refund.
Under extremely rare circumstances will iBehavioral, Inc not have complete control for Ad Spend on platforms by using an iBehavioral, Inc credit card. In the rare case iBehavioral, Inc allows the client to control the Ad Spend on platforms with their own private or business debit card or credit card, iBehavioral, Inc is not held accountable or responsible for the clients' budget or billing accounts. iBehavioral, Inc Ad Spend contracts are optimized incrementally throughout the month and iBehavioral, Inc does not check activity daily unless there is a contract in place to do so or a custom work order through a retainer fee contract, therefore, it is the responsibility of the client to monitor, modify, or review their own budget and charges applied on the clients' debit or credit card including but not limited to the spending of any services or products, Ad Spend, errors or fees that may occur from using the Ad Platform. The client agrees to notify iBehavioral, Inc immediately of any unusual activity on shared working Ad account platforms contracted for services between iBehavioral, Inc and the client. If it is found an error has occurred, iBehavioral, Inc will make a good faith effort to resolve the error; however, it is the sole responsibility of the client to monitor their own finances and budget daily to prevent or cease such errors.
iBehavioral, Inc reserves the right to terminate any and all Client Products or Services immediately without completion after a Good Faith attempt to rectify the issue; however, if circumstances are severe, iBehavioral, Inc reserves the right to cancel a Client's contract immediately without a rectification attempt. Examples could include, but are not limited to, Client's eCommerce Store is not fulfilling orders iBehavioral, Inc is completing Ad Work for, Fraud, harm to customers is discovered, discrimination, sexual harassment, creating a hostile work environment, verbally abusing or vulgar communication, etc.
12. Retainer Agreements
Any Retainer Service requires a Retainer Contract signed and returned before Services will be initiated. Any unused retainer funds/monies expire after 24 months of no activity and no refunds will be given for the remaining balance. A minimum fee is charged for 20 minutes with every request if services performed are 20 minutes and under.
13. iBehavioral, Inc does not guarantee Service outcomes or predict specific productivity results due to data collected being time-sensitive, data being directly affected from changes of the current economic environment, data being affected through provider platform future algorithm changes, and recommendations may not be implemented correctly if they are outsourced away from iBehavioral, Inc.
14. Services under contract could exceed the initial proposal and paid invoice. This can occur if the client has multiple changes from the initial design request when pricing for services was offered to the client. In any event, if the client changes any scope or specifications after the invoice for services is paid, iBehavioral, Inc reserves the right to charge additional fees to compensate for the additional time to complete services. A minimum fee is charged for 20 minutes with every request if services performed are 20 minutes and under.
15. iBehavioral, Inc. offers yearly or multi-yearly contracts paid on auto-draft from a credit card or bank account for monthly service charges. It is the client's responsibility to ensure any bank account information on file be up to date and current with the correct account number information in order to process payments. In the event a payment is declined, a $50 declined payment fee will be charged monthly until the monthly payment and billing account information is current. To update billing information, please email your request to admin@fameyahmedia.com.
16. If you as a contracted and paid customer of iBehavioral, Inc are receiving any type of Technology services such as but not limited to hosting services, Technology Mainintence, or Services requiring Technical skill, by contracting these Services with iBehaivoral, Inc, through FameYah Media, you also agree to the terms, services, and policies found on iBTechCo.com.
GOVERNING LAW
Since iBehavioral, Inc makes a good faith effort to resolve any issues that may arise from services or product dissatisfaction, clients agree any and all legal fees or collection agency fees iBehavioral, Inc may have to pay resulting from unpaid invoices, disputes, claim, or controversy will be the responsibility of the client. iBehavioral, Inc and clients agree that any dispute, claim, or controversy arising out of or relating to any interpretation, construction, performance, or breach of an Agreement, including disputes related to the scope of work, shall be governed by Tennessee law and settled by arbitration to be held in Knox County, Tennessee, in accordance with the rules then in effect of the American Arbitration Association.