Thank you for using the Find Your Match Program (FYMP) created by TypeFocus Internet Inc. These Terms of Service (“TOS”) govern the use of FYMP.
These TOS represent a contract between you and TypeFocus Internet Inc. If you do not agree to be bound by the TOS, you may not use FYMP.
- Your Account Information and Email
FYMP provides personalized content and reports. When you create an account, we require your email address to send your personality type report. The college hosting this site may also contact you with information that may interest you.
- Disclaimers
YOU AGREE THAT USE OF FYMP IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TYPEFOCUS INTERNET AND ITS AFFILIATES, OFFICERS AND/OR EMPLOYEES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING FYMP, INCLUDING ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow the disclaimers in this paragraph, so they may not apply to you.
- Limitation of Liability
IN NO EVENT SHALL TYPEFOCUS INTERNET OR ITS AFFILIATES, OFFICERS AND/OR EMPLOYEES BE LIABLE WITH RESPECT TO FYMP FOR (I) LOST DATA, OR FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION GOOD FAITH AND REASONABLE CARE ARISING OUT OF YOUR ACCESS TO OR USE OF FYMP; OR (II) ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.
YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN TYPEFOCUS INTERNET AND YOU. YOU UNDERSTAND THAT FYMP WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. Some jurisdictions do not allow the limitations in this section, so they may not apply to you.
- DMCA Contact
We comply with the provisions of the Digital Millennium Copyright Act applicable to service providers. If you have any complaints with respect to material posted on FYMP, you may contact our designated agent by email to [email protected] or at the following address:
TypeFocus Internet, Inc.
ATTN: DMCA Complaint
2241 Lifton Place
Victoria BC, V8N 6B2 Canada
You must include the following information in your complaint:
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of the material that you claim is infringing and where it is located on FYMP;
your mailing address, telephone number, and if available, email address;
a statement by you that you have a good faith belief that the use of the material on FYMP is not authorized by the copyright owner, its agent, or the law;
a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner; and
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed.
- Indemnity
You will indemnify and hold harmless TypeFocus Internet, its affiliates, clients, officers and/or employees, including by paying costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your access to FYMP, Your Content, or the violation of the TOS by you.
- Agreement to Arbitrate
YOU AGREE THAT YOU AND TYPEFOCUS INTERNET WILL RESOLVE THROUGH BINDING ARBITRATION ANY DISPUTE, CLAIM OR CONTROVERSY BETWEEN US ARISING OUT OF OR RELATING IN ANY WAY TO FYMP OR YOUR USE THEREOF, INCLUDING THESE TOS (collectively, “ARBITRAL CLAIMS”). The arbitrator, and not any court, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement to Arbitrate, including any claim that all or any part of this Agreement to Arbitrate is void or voidable, or whether a claim is subject to arbitration.
- General
(a) Severability and Waiver. If any part of the TOS is held invalid or unenforceable, the remaining provisions of the TOS will remain in full effect and an enforceable term will be substituted reflecting yours and our intent as closely as possible. Either party’s failure to enforce any term or condition in the TOS is not a waiver of its right to do so later.
(b) Governing Law, Jurisdiction and Venue. The TOS are governed by British Columbia law without regard to conflict of law provisions.
(c) Miscellaneous. The TOS are the complete and exclusive statement of the mutual understanding of the parties and supersede all previous written and oral agreements relating to the subject matter of the TOS. If there is any conflict between the TOS and any additional terms, conditions, and rules posted by TypeFocus Internet on FYMP, the TOS shall govern, unless otherwise indicated. Sections 2-7 shall survive any termination of the TOS.