Welcome to https://joinformal.com (referred to along with its subdomains, Content, Marks, and services, as the “Website”). Please read these Terms of Use carefully before using this Website to understand your legal rights and obligations with respect to Maytana, Inc. (doing business as Formal, “Formal”, “we”, “our”, or “us”). By accessing or using the Website, you acknowledge and agree that you are entering a legal agreement with us and agree to comply with, and be legally bound by, these Terms of Use, together with our Privacy Policy (collectively, the “Terms”). If you do not agree to be bound by these Terms, please do not access or use the Website.
PLEASE ALSO READ THESE TERMS OF USE CAREFULLY, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURTS OR JURY TRIALS, AND LIMIT THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE.
- Background. The Website provides information related to our products and services and enables you to contact us via the Website.
- Modification. We reserve the right to change these Terms at any time at our discretion. Changes will be effective ten (10) days after posting the revised Terms on the Website, and continued use of the Website means acceptance of those changes.
- Ability to Accept Terms. The Website is intended for individuals aged eighteen (18) years or older. If you are under eighteen (18), please do not visit or use the Website.
- Website Access. We grant you permission to visit and use the Website, provided you comply with these Terms and applicable laws.
- Restrictions. You shall not: (i) copy, distribute, or modify any part of the Website without our prior written authorization; (ii) use, modify, create derivative works of, transfer, reproduce, distribute, display, or disclose Content (defined below), except as expressly authorized herein; (iii) disrupt servers or networks connected to the Website; (iv) use or launch any automated system (including “robots” and “spiders”) to access the Website; (v) circumvent, disable, or interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Website.
- Intellectual Property Rights. 6.1. Content and Marks. The content on the Website, including text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the “Content”), and the trademarks, service marks, and logos contained therein (“Marks”), are the property of Formal and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “Formal”, the Formal logo, and other marks are Marks of Formal or its affiliates. All other trademarks, service marks, and logos used on the Website are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Website and the Content. 6.2. Use of Content. Content on the Website is provided for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes without our prior written consent. If you download or print a copy of the Content, you must retain all copyright and other proprietary notices contained therein. 6.3. Spam. You agree not to use the communication systems provided by the Website to send unauthorized commercial communications and will be solely responsible for any such unauthorized communications.
- Information Description. We attempt to be as accurate as possible. However, we cannot warrant that the Content on the Website is accurate, complete, reliable, current, or error-free. We reserve the right to make changes to the Content without notice. Your use of the Content is solely at your own risk.
- Links. 8.1. The Website may contain links to third-party websites that are not owned or controlled by Formal. We are not affiliated with, have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party websites. You are solely responsible for your use of and linking to third-party websites and any content you may send or post to a third-party website. You expressly release Formal from any and all liability arising from your use of any third-party website. We encourage you to read the terms and conditions and privacy policy of each third-party website you visit. 8.2. Formal permits you to link to the Website, provided that: (i) you link to but do not replicate any page on this Website; (ii) the hyperlink text accurately describes the Content as it appears on the Website; (iii) you do not misrepresent your relationship with Formal or present any false information about Formal and do not imply that we are endorsing any services or products unless we have given you our express prior consent; (iv) you do not link from a website (“Third Party Website”) which prohibits linking to third parties; (v) such Third Party Website does not contain content that is offensive or controversial (both at our discretion), or infringes any intellectual property, privacy rights, or other rights of any person or entity; (vi) you and your website comply with these Terms and applicable law.
- Privacy. We will use any personal information collected or obtained in connection with the Website in accordance with our privacy policy, available at: https://joinformal.com/legal.
- Warranty Disclaimers. 10.1. This section applies whether or not the services provided under the Website are for payment. Applicable law may not allow the exclusion of certain warranties, so certain exclusions herein may not apply. 10.2. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. FORMAL HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. FORMAL DOES NOT GUARANTEE THAT THE WEBSITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE WEBSITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT FORMAL WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION, OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE, OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE FEATURED OR ADVERTISED ON THE WEBSITE BY A THIRD PARTY. 10.3. EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, FORMAL DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING YOUR USE OF THE WEBSITE.
- Limitation of Liability. 11.1. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, FORMAL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS, OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, EVEN IF FORMAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you. 11.2. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FORMAL FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO FORMAL FOR USING THE WEBSITE DURING THE THREE (3) MONTHS PRIOR TO BRINGING THE CLAIM.
- Indemnity. You agree to defend, indemnify, and hold harmless Formal and our affiliates, and our respective officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, the Website; (ii) your interaction with any Website user; (iii) your violation of these Terms.
- Dispute Resolution: PLEASE READ THIS SECTION CAREFULLY, AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE OR PARTICIPATE IN A LAWSUIT FILED IN COURT. 13.1. Informal Dispute Resolution. If a dispute arises between you and Formal, we are committed to working with you to reach a reasonable resolution. For any such dispute, both parties agree to first make a good faith effort to resolve it informally before initiating any formal dispute resolution proceeding. This requires sending a written description of the dispute to the other party. For disputes you initiate, send the written description and the email address associated with your account, if any, to: privacy@joinformal.com. For disputes Formal initiates, we will send the written description to the email address associated with your Formal account or any email we have on file for you. The written description must provide at minimum your name, a description of the nature or basis of the claim or dispute, and the specific relief sought. If the dispute is not resolved within sixty (60) days after receipt of the written description, you and Formal agree to the further dispute resolution provisions below. 13.2. Mutual Arbitration Agreement. You and Formal agree that all claims, disputes, or disagreements arising out of or relating to these Terms, payments by or to Formal, the use of the Website, your relationship with Formal, or any other dispute with Formal, shall be resolved exclusively through binding arbitration. This includes claims that arose before the existence of this Arbitration Agreement and those that may arise after its termination. This Arbitration Agreement is governed by the Federal Arbitration Act (FAA) and evidences a transaction involving interstate commerce. You and Formal expressly agree that the FAA shall exclusively govern the interpretation and enforcement of this Arbitration Agreement. If the FAA cannot apply, the state law governing arbitration agreements in your state of residence shall apply. Except as set forth in this section, the arbitrator or arbitration body, not any court, shall have exclusive authority to resolve all disputes relating to the interpretation, applicability, enforceability, or formation of the Agreement and this Arbitration Agreement, including claims that all or any part are void or voidable, whether a claim is subject to arbitration, and disputes regarding the payment of administrative or arbitrator fees. The arbitrator or arbitration body may grant any relief available in court. 13.3. Class Arbitration and Collective Relief Waiver. You and Formal acknowledge and agree that, to the maximum extent allowed by law, any arbitration shall be conducted in an individual capacity only and not as a class or consolidated action. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve an individual party’s claim. If there is a final judicial determination that the Class Arbitration Action and Collective Relief Waiver or provisions in Section 13.7 are not enforceable as to a particular claim, then the parties agree that such claim may proceed in court but shall be severed and stayed pending arbitration of the remaining claims. 13.4. Arbitration Rules. The arbitration will be administered by National Arbitration and Mediation (NAM) and resolved before a single arbitrator. If NAM is unavailable, the parties will select an alternative arbitration provider. Arbitration will be administered in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedures, excluding any rules permitting class or representative actions. The applicable NAM rules are available at www.namadr.com or by emailing commercial@namadr.com. 13.5. Initiating Arbitration. After engaging in the informal dispute resolution process, either party may initiate binding arbitration as the sole means to resolve claims. If you initiate arbitration, email a copy of the demand to privacy@joinformal.com. If Formal initiates arbitration, we will serve a copy of the demand to the email address associated with your Formal account or the email we have on file for you. 13.6. Arbitration Location and Procedure. If you reside in the United States, arbitration will be conducted in your county of residence. If you reside outside the United States, arbitration shall be conducted in New York, New York, unless otherwise agreed or deemed burdensome by the arbitrator. For disputes under $10,000, arbitration will be based solely on documents submitted unless the arbitrator deems a hearing necessary. For disputes over $10,000 or involving injunctive relief, hearings may be requested or deemed necessary by the arbitrator. 13.7. Batch Arbitration. For efficient administration of arbitrations, if 100 or more similar demands are submitted to NAM against Formal within a close timeframe, they will be processed in batches of 100. Each batch will be administered and adjudicated one at a time, with one arbitrator designated for each batch. This provision does not authorize class arbitration. The parties agree to cooperate in good faith with the batch approach. 13.8. Arbitrator’s Decision. The arbitrator will render an award within the timeframe specified by NAM rules. The arbitrator’s decision will include essential findings and conclusions. The arbitrator can award monetary damages and non-monetary relief consistent with Section 13.3 and the “Limitation of Liability” section. No arbitration award will have preclusive effect on any dispute involving parties not named in the arbitration. Attorneys’ fees will be awarded to the prevailing party only if authorized by applicable law. 13.9. Fees. You are responsible for your attorneys’ fees unless arbitration rules or applicable law provide otherwise. NAM has discretion to modify fees, provided such modifications do not increase your costs. 13.10. Right to Opt-Out of the Arbitration Agreement. To opt-out of the Arbitration Agreement, you must notify Formal in writing within thirty (30) days of first using the Website or becoming subject to this Arbitration Agreement. Send your opt-out notice to: Maytana, Inc., Attn: Legal, 169 Madison Avenue STE 2014, New York, NY 10016, or email privacy@joinformal.com, including your name, address, the date you first used the Website, and a clear statement that you wish to opt out of this Arbitration Agreement. If you do not opt-out timely, you accept the terms of this Arbitration Agreement. 13.11. Changes. Formal will provide thirty (30) days’ notice of any changes to this section by posting on the Website. Changes will apply to all claims not yet filed. Continued use of the Website after changes constitutes acceptance.
- Term and Termination. These Terms are effective until terminated by Formal or you. Formal may terminate these Terms and/or your access to the Website at any time without cause. If you object to any term or condition of these Terms or become dissatisfied with the Website, your sole recourse is to discontinue use. Upon termination, you must cease all use of the Website. Sections 6, 9, 10, 11, 12, 13, 14, and 15-18 will survive termination.
- Independent Contractors. You and Formal are independent contractors. These Terms do not create a partnership, joint venture, agency, or employment relationship between you and Formal. Do not make any warranties, representations, commitments, or obligations on behalf of Formal.
- Assignment. These Terms and any rights and licenses granted hereunder may not be transferred or assigned by you but may be assigned by Formal without restriction or notification. Any prohibited assignment is null and void.
- Governing Law. These Terms and the relationship between you and Formal are governed by the laws of the State of New York, without regard to conflict of laws principles. You agree to submit to the personal and exclusive jurisdiction of the courts located in New York City, New York.
- General. These Terms constitute the entire agreement between you and Formal regarding the Website. If any provision is deemed invalid by a court, the invalidity does not affect the remaining provisions. No waiver of any term is a further or continuing waiver of such term or any other term. Any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues, or it is permanently barred.