Version: August 26, 2013
By submitting a Quick Advice request form and / or using the FABA Quick Advice service (the “Service”), the user the Service (“User”) acknowledges, agrees to and warrants the following:
1. The User is a FABA Full Member in good standing.
2. The Service is provided by FABA as a courtesy for free to help User improve User’s understanding of issues, options and feedback related to common matters impacting the operation and management of User’s organization, and the portion of the User’s annual membership fee associated with the use of the Services is less than 10% of the annual membership fee.
3. The User has fully read and understands these FABA Quick Advice Terms and Conditions, and acknowledges that FABA may amend these terms and conditions at any time by posting the update on its website, Facebook page or other similar FABA public location, or by sending a reasonable notice directly to User.
4. FABA may improve, adjust, revise or eliminate the Service at any time without notice. FABA reserves the right to refuse to provide or continue the providing of a Service at any time and for any reason including but not limited to learning of an actual or potential conflict of interest.
5. User must provide accurate, truthful and good faith information in the request form and to the FABA Business SWAT Team as part of the request and feedback process.
6. Use of the Service is for the User only. User may not use the Service as a means to directly or indirectly obtain feedback for any person or entity beyond the User.
7. User’s use of the Service and interaction with the advisors are not intended to create a contract or professional relationship between the User and either the advisor or FABA including but not limited to a customer-vendor relationship, master-servant relationship, a principal-agent relationship, an attorney-client relationship, an accountant-client relationship or other similar relationship.
8. User agrees not to use the Service to engage in any action or inaction which would reflect adversely upon, or harm, the name, image or reputation of FABA, the FABA membership or the Fan Area, or to violate any applicable federal, state and local laws, rules and regulations.
9. To the maximum extent permitted by applicable law, ALL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND AND WITH ALL WARRANTIES AND CONDITIONS EXPRESSLY DISCLAIMED WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. IN NO EVENT SHALL FABA’S LIABILITY TO USER FOR ANY REASON EXCEED THE AMOUNT OF MEMBERSHIP DUES PAID BY THE USER FOR THE THEN CURRENT PERIOD.
10. MEMBER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS FABA, AND FABA’S ADVISORS, DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES (“FABA REPRESENTATIVES”) FROM ALL CLAIMS MADE AGAINST FABA AND ANY FABA REPRESENTATIVE DIRECTLY RELATED TO USER’S ACTIONS OR INACTIONS BASED UPON USER’S USE OF THE SERVICES, OR A VIOLATION OF THESE TERMS AND CONDITIONS.