Website Terms of Service

Introduction

Welcome to fullcast.com, owned and operated by Fullcast Inc. (“fullcast.com,” “We,” “Us,” or “Our”). We look forward to sharing our passion for revenue operations. Please read these Terms of Service (“Terms”) carefully because they govern your visitation and use of the website fullcast.com (the “Site”), including any associated content. If you desire to purchase any of our services or products a​v​a​I​l​a​b​le at or through the Site, you will be required to enter into a separate agreement.

Agreement to Terms

By accessing our Site, you agree to be bound by these terms. If you do not agree to these terms, simply stop using the Site.

Changes to Terms of Service

We may modify these Terms at any time, at our sole discretion. If we do so, we’ll make it known on the Site. Continued use of the Site after we have posted modified terms on the Site indicates your agreement to be bound by the modified terms. If you don’t agree to be bound by the modified terms, please discontinue your use of the Site immediately. Because our Site evolves over time, we may change or discontinue all or any part of the Site at any time and without notice to you at our sole discretion.

Feedback

We welcome feedback, comments, and suggestions for improvements to the Site or any of our services. You can submit feedback by contacting us at support@fullcast.com. You understand and accept that fullcast.com may use, copy, modify, act on, or create derivative works based on the feedback, comments, and suggestions you provide.

Privacy Policy

Your privacy is important to us. Please review our Privacy Policy for information about the data we may process. Our Privacy Policy is incorporated in these terms and is available at https://www.fullcast.com/others/privacy-policy/ .

Fullcast.io content

Subject to your compliance with these Terms, fullcast.com grants you a limited, nonexclusive, nontransferable, nonsublicenseable license to access and view our content (“Content”) solely in connection with your permitted use of the Site. For the purposes of these Terms, the Content includes all text, graphics, images, site and screen layouts, arrangements and themes, music, software, audio, video, works of authorship (including blog entries) by us or our affiliates of any kind, and information or other materials that are posted or generated by fullcast.com or our affiliates.

You may view and access the Content. You may not use, copy, borrow, modify, or otherwise reproduce any Content provided through this Site. At no time is any user permitted to (i) transfer, sublicense, sell, lease, lend, rent, or otherwise distribute fullcast.com content or the services to any third party; (ii) decompile, reverse-engineer, disassemble, or create derivative works of the services or any Content; or (iii) use the Site or Content in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms. You acknowledge sole responsibility for and assume all risk arising from your use or reliance of any Content, including any “tips” published on the blog related to various software and hardware we use.

Intellectual Property

The Site contains material that may be protected by United States and international copyright, trademark, and other proprietary information, including but not limited to audio, video, graphic, photographic, and text information and all Content. Fullcast.com and any of its licensors exclusively own all right, title, and interest in and to the Site and Content, including all associated intellectual property rights. You acknowledge that the Site and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Site and Content. Further, you may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content, in whole or in part. Any violation of these restrictions may result in intellectual property infringement that may subject you to civil or criminal penalties. You are solely liable and will fully indemnify and hold fullcast.com harmless for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from a submission of information protected by intellectual property rights in a third party, if such submission is made without express permission of the intellectual property rights holder.

Links and Advertisements of Third-Party Websites or Resources

The Site may contain links to or advertisements of third-party websites or resources. We are not responsible for the content, products, or services on or available from those advertisements, websites, resources, or links displayed on such sites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.

Indemnification

You agree to defend, indemnify, and hold harmless fullcast.com or its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, or expenses (including but not limited to attorney fees), to the extent allowed by applicable law, that arises from or is caused by (i) your use of and access to the Site; (ii) your violation of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, moral, or privacy right; or (iv) any claim that your content caused damage to any third party. This section shall survive these Terms and your use and termination of the Site.

Warranty Disclaimers

THE SITE AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT.

Limitation of Liability

NEITHER FULLCAST.COM NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, MOBILE DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FULLCAST.COM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL FULLCAST.COM’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE OR CONTENT EXCEED ONE HUNDRED DOLLARS ($100).

Dispute Resolution

We prefer to resolve things amicably when possible. Therefore, you agree to the following dispute resolution policy in connection with any potential claims or disputes arising from your use of the Site. Start by notifying Us of your dispute by sending a notice to support@fullcast.com.

Informal Negotiations: Parties to a dispute concerning the Terms, the Privacy Policy, or the use of the Site will attempt to informally negotiate a potential settlement or resolution to the dispute for a period of not less than thirty (30) days from the date you submit your notice to Us;

Arbitration: In the event that informal negotiations are unsuccessful, the parties agree to follow the arbitration procedures set forth by the American Arbitration Association (AAA) to resolve the dispute.

Binding Arbitration: If for any reason arbitration is unsuccessful or unavailable to the parties, parties agree to submit to binding arbitration in the jurisdiction of the State of Utah. Each of us is responsible for paying our own filing, administrative, and arbitrator fees. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between fullcast.com and you. These Terms supersede and replace any and all prior oral or written understandings or agreements between us. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. Any notices or other communications provided by fullcast.com under these Terms, including those regarding modifications to these Terms, will be given by Us (i) via email or (ii) by posting to the Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. Fullcast.com’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of fullcast.com. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Questions and Contact Information

If you have any questions regarding these Terms, please contact us at customersupport@fullcast.com.