By using the Site or the Technology Services, you hereby represent, warrant, understand, agree to and accept these Terms and any applicable Additional Terms in their entirety. Please read these Terms and any applicable Additional Terms before using the Site or the Technology Services.
FYSH is an application owned and operated by Unison Workforce, LLC.
FYSH offers Technology Services to help its users coordinate, and maintain quality service. The Technology Services we offer include, among others:
A platform for individuals seeking services (“Clients”) to communicate with individuals and entities who provide services (“Providers”), and for Providers to access resources related to the provision of services.
Tools and information to help Clients and Providers make more informed decisions related to the provision and coordination of services.
We do not refer or recommend Clients or Providers nor do we make any representations about the suitability or reliability of the services provided by Providers or the integrity or actions of Clients or Providers. Any screening of a Client or Provider and his, her or its information by FYSH is limited and should not be taken as complete, accurate, up-to-date or conclusive of the individual’s or entity’s suitability as an employer or Provider.
FYSH is not an employment agency, and we do not secure or procure employees for any Clients, nor do we secure or procure opportunities for employment for any Providers.
We do not oversee, supervise or manage the quality, timing, hours, schedule, pay, wages, legality, or any other aspect of services delivered by Providers, nor do we require Providers to accept or work any jobs or deliver any services at all. We do not hire or fire Providers. The ultimate decision to accept or decline services from a Provider, or to terminate a Provider’s services, rests with the Client.
We do not establish or control the financial terms or conditions of the relationship between a Provider and a Client. The Provider and Client are responsible for negotiating the Provider’s rate of pay.
We do not provide any medical, diagnostic, treatment or clinical service or engage in any conduct that requires a professional license.
We do not guarantee, nor do we represent or warrant, that the information is accurate or that it belongs to the registered user who supplied it.
- User Responsibilities.
Registered users are solely responsible for vetting and selecting an appropriate Client or Provider for themselves or their family member.
Each Client is responsible for complying with all applicable employment and other laws in connection with any employment relationship they establish, including, but not limited to, verifying the age of the Provider, verifying the Provider’s eligibility to work in the United States, and complying with all federal, state and local wage and hour requirements, including the requirement to pay minimum wage and to pay statutory overtime.
By registering to use or using the Site or the Technology Services, you represent and warrant that you have the right, authority and capacity to enter into these Terms and you commit to abide by all of the terms and conditions.
You also represent and warrant that you meet the following criteria:
You intend to use the Site and Technology Services solely for the purpose of managing provision of the selected service or for finding or sharing information relating to the selected service.
You are eighteen (18) years of age or older.
The Site and the Technology Services are currently available only to individuals who reside in the United States.
If you are a Provider, neither you nor any member of your household may have ever been the subject of a conviction, arrest, charge, complaint, restraining order or any other legal action involving:
Any other criminal offense involving violence, physical, sexual, or emotional abuse or neglect, or theft, drugs;
Any offense, violation, or unlawful act that involves endangering the safety of others, fraud, dishonesty, or reckless or negligent conduct;
Registered, or currently required to register, as a sex offender with any government entity;
You must not be a competitor of FYSH or using our Technology Services for reasons that are in competition with FYSH.
- Content and Registration.
Any content that you post, upload or transmit to or through the Site or Technology Services is solely for the purpose of managing services, or for finding or sharing information related to services.
You are responsible for providing accurate, current and complete information in connection with your registration for use of the Site and the Technology Services.
You are solely responsible for any content that you post on the Site or transmit to other users of the Site. You will not post on the Site, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, defamatory, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).
You understand and agree that FYSH may, in its sole discretion, review, edit, and delete any content, in each case in whole or in part, that in the sole judgment of FYSH violates these Terms or which FYSH determines in its sole discretion might be offensive, inappropriate, illegal, or that might violate the rights, harm, or threaten the safety of users of the Site or others.
You have the right, and hereby grant, to FYSH, its Affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid-up, transferable, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute your content. You further represent and warrant that public posting and use of your content by FYSH will not infringe or violate the rights of any third party.
FYSH expressly disclaims any responsibility for the accuracy or reliability of any content provided by Providers or Clients on or off the Site. Users agree to hold FYSH harmless for any misstatements, misrepresentations, or other disparaging or defamatory statements made by or on behalf of them.
- FYSH May Regularly Verify Your Identity and the Accuracy of Your Representations and Warranties.
You agree that FYSH may take such action in response to verification checks as it deems appropriate in its sole discretion, including without limitation suspending and/or terminating your membership, should it determine that you have violated any representation or warranty or any other provision of these Terms or are otherwise unsuitable for FYSH.
BY AGREEING TO THESE TERMS, AND, IF APPLICABLE TO YOU AS A PROVIDER SUBJECT TO YOUR ADDITIONAL AUTHORIZATION, YOU AGREE TO ALLOW FYSH TO PERFORM VERIFICATION CHECKS. IF YOU DO NOT WANT THESE VERIFICATION CHECKS TO BE PERFORMED, YOU SHOULD NOT USE FYSH.
FYSH reserves the right, in its sole discretion, to immediately terminate your access to all or part of the FYSH Site and/or Technology Services, to remove your profile and/or any content posted by or about you from the Site, and/or to terminate your account with FYSH, with or without notice for any reason or no reason in its sole discretion.
- Training – External Sites.
FYSH expressly disclaims any liability based on the use and/or viewing of links that may appear on this Site. All users hereby agree to hold FYSH harmless from any liability that may result from the use of third party content.
- Payment And Refund Policy.
In order to utilize some FYSH Technology Services, the user of such Technology Services or product offerings must pay FYSH either a recurring subscription, one-time, or other fees.
Except as set forth in these Terms or as described on the Site at the time you make a purchase, all payments for subscriptions, services or products made on or through the Site or Technology Services are non-refundable.
- Payment PROCESSING Services.
FYSH offers payment processing services (“Payment Processing Services”), subject to the following terms and conditions:
The Processor.FYSH offers payment processing through a third-party payment processor (“Processor”). The Payment Processing Services are only made available to persons in United States that operate a business selling services.
In order to use the Payment Processing Services, you must register with the third party Processor. The Processor may offer its services as an agent of one or more financial institutions in the United States (each, a “Financial Services Provider.” The processing and settlement of transactions, as defined below (“Payment Processing”), is carried out by the Processor and any of the Financial Services Providers under separate agreements with the third party Processor, and to the extent you use a payment method is that is subject to additional terms, the Payment Terms (collectively, the “Processor Terms”). By accepting the terms of the Processor’s agreements, you are also accepting and agreeing to be bound by the Processor Terms, which is the legal agreement between you and the Processor.
FYSH is not a party to the Processor Terms and is not liable to you under these Terms. By accepting this Agreement and the Processor Terms, you are agreeing to the creation of an account with the Processor for Payment Processing (the “Processor Account”). FYSH reserves the right to change the Processor, subject to the terms of our agreement with the Processor. In the event of any inconsistency between this Agreement and the Processor Terms, this Agreement shall prevail, except in the event of any inconsistency between this Agreement and the Processor Terms concerning Payment Processing or the Processor Account, in which case the Processor Terms shall prevail.
The Processor’s role is to accept and process credit card, debit card and other types of payments (collectively “Cards”) with respect to sales of your services through internet-based transactions (“Card Not Present Transactions” or “CNP Transactions”).
Limited Grant of License for Payment Processing Services. FYSH hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited, revocable right to use the Payments Processing Services (the “License”). The License shall be for the term of this Agreement only. Neither the License nor any other provision hereof shall grant any rights in the Payments Processing Services or other intellectual property rights except the limited License of use set out above.
You shall not: (i) permit any third party to access the Payments Processing Services except as permitted herein and to carry out transactions; (ii) create derivative works based on the Payments Processing Services; (iii) copy, frame or mirror any part of the content of the Payments Processing Services, other than copying or framing for your internal business purposes; (iv) reverse engineer, disassemble, decompile, or otherwise attempt to discover the source code or trade secrets for any of the Payments Processing Services; or (v) access the Payments Processing Services in order to build a competitive product or service.
It is your responsibility to obtain your customers’ consent to be billed for each Transaction or, as the case may be, on a recurring basis, in compliance with applicable legal requirements and Visa U.S.A., Inc. (“Visa”), MasterCard International Incorporated (“MasterCard”), American Express or other applicable Card networks’ (such networks being, collectively, the “Payment Networks”) payment rules (the “Payment Network Rules”).
Payment Methods. The Payment Processing Services support most Payment Network Cards, including credit, debit, and pre-paid cards. You assume sole and exclusive responsibility for the use of the Payment Processing Services. You also assume sole and exclusive responsibility for transactions under the Processor Terms. You are solely responsible for verifying the identity of customers and of the eligibility of a presented Card used to purchase your products and services, and FYSH does not guarantee or assume any liability for transactions authorized and completed that may later be reversed or charged back (see Section 17 below). You are solely responsible for all reversed or charged back transactions regardless of the reason for, or timing of the reversal or chargeback. FYSH or the Processor may add or remove one or more types of Payment Networks or Cards, in their sole discretion, at any time, without prior notice to you.
Payment Network Rules. The Payment Networks have established guidelines, bylaws, rules, and regulations in the form of the Payment Network Rules. You are required to comply with all applicable Payment Network Rules. The Payment Network Rules for Visa, MasterCard and American Express are available on the Internet at the following links: Visa https://usa.visa.com/support/consumer/visa-rules.html, MasterCard https://www.mastercard.us/en-us/business/overview/support/rules.html, and American Express https://www.americanexpress.com/us/merchant/merchant-regulations.html. The Payment Networks may amend the Payment Network Rules at any time and without notice to us or to you. Insofar as the terms of this Agreement and/or the Processor Terms are inconsistent with the Payment Network Rules, the Payment Network Rules shall prevail. We reserve the right to amend this Agreement at any time, with notice to you, as may be necessary to comply with the Payment Network Rules.
Taxes. You have sole and exclusive responsibility to determine what, if any, taxes apply to the sale of your services and/or the payments you receive in connection with your use of the Payment Processing Services (“Taxes”). It is solely your responsibility to assess, collect, report, or remit the correct Taxes to the proper tax authority, whether in customers’ jurisdictions, your jurisdiction or elsewhere. We are not obligated to, nor will we, determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority, arising from any Transaction. FYSH retains the right, but not the obligation, at its sole discretion, to complete and file tax or related reports with tax authorities regarding transactions in those jurisdictions where FYSH deems such reporting necessary. You hereby indemnify and hold FYSH harmless from and against any and all liability related to Taxes and filings made by FYSH in respect thereof. You agree that we may send you any tax-related information electronically.
Customer Fees. If prohibited by law, you will not impose any fee or surcharge on a customer that seeks to use an eligible Card.
Restricted Use.You agree to obey all laws, rules, and regulations applicable to your use of the Payments Processing Services (e.g., including those governing financial services, consumer protections, unfair competition, anti-discrimination, or false advertising). In addition to any other requirements or restrictions set forth in this Agreement, you shall not: (i) utilize the credit available on any Card to provide cash advances to cardholders; (ii) submit any Transaction for processing that does not arise from your sale of service to a customer; (iii) act as a payment intermediary or aggregator or otherwise resell the Payment Processing Services on behalf of any third party; (iv) send what you believe to be potentially fraudulent authorizations or fraudulent transactions; or (v) use the Payment Processing Services in a manner that a Payment Network reasonably believes to be an abuse of the Payment Network or a violation of the Payment Network Rules.
You further agree not to permit any third party to do any of the following: (i) access or attempt to access our systems, programs, or data that are not made available for public use; (ii) copy, reproduce, republish, upload, post, transmit, resell, or distribute, in any way, material from us; (iii) permit any third party to use and benefit from the Payments Processing Services via a rental, lease, timesharing, service bureau, or other arrangement; (iv) transfer any rights granted to you under this Agreement; (v) work around any of the technical limitations of the Payments Processing Services, use any tool to enable features or functionalities that are otherwise disabled in the Payments Processing Services, or decompile, disassemble, or otherwise reverse engineer the Payments Processing Services, except to the extent that such restriction is expressly prohibited by law; (vi) perform or attempt to perform any actions that would interfere with the proper working of the Payments Processing Services, prevent access to or use of the Payments Processing Services by our other users, or impose an unreasonable or disproportionately large load on our infrastructure; or (vii) otherwise use the Payments Processing Services except as expressly allowed under this section.
Suspicion of Unauthorized or Illegal Use. FYSH reserves the right to not provide the Payments Services in respect of any Transaction you submit that we believe, in our sole discretion, is in violation of this Agreement, any other FYSH or Processor agreement, or exposes you, FYSH, the Processor, or any other third party to actual or potential risk or harm, including, but not limited to, fraud and other criminal acts. You are hereby granting us authorization to share information with law enforcement about you, your transactions, or your Processor account.
Disclosures and Notices. You agree that FYSH can provide disclosures and notices, including tax forms, that we deem appropriate regarding the Payments Processing Services to you by emailing them to the email address provided during registration. You also agree that electronic disclosures and notices have the same meaning and effect as if we had provided you with a paper copy. Such disclosures and notices shall be considered to be received by you within twenty-four (24) hours of the time it is emailed to you, unless we receive notice that the email was not delivered.
- Service Fees.
You agree to pay the following Service Fees:
Subscription Fees. The subscription fee for an individual is free for the first 30 days and $7.99 per month, thereafter. The subscription fee for unlimited friends and family is free for the first 30 days and $14.99 per month, thereafter.
Payment Services Fees. If you use FYSH’s Payment Processing Services, you agree to pay the following processing fees:
Payment Network Fees. Payment Networks generally charge a processing fee for Card transactions, which is applied automatically by the Processor. FYSH does not establish these fees or have any role in negotiating said fees.
Processor’s Fee. The Processor charges a processing fee in accordance with the terms of the Processor’s account and services agreement(s). FYSH does not establish these fees or have any role in negotiating said fees.
FYSH Processing Fee. FYSH charges a processing fee of 1.5% per successful Card transaction. Processing fees shall be collected from you by the Processor on our behalf in accordance with the terms of the Processor’s account and services agreement(s). You are obligated to pay all applicable taxes, fees and other charges imposed by any governmental authority, including, without limitation, any value added tax, goods and services tax, harmonized sales tax and/or provincial or territorial sales tax, on the Payments Processing Services provided under this Agreement.
In addition to the fees, you are also responsible for any penalties and fines imposed on you or on us by any bank, money services business, payment network, financial institution, or other financial intermediary resulting from your use of the Payments Services in a manner not permitted by this Agreement or by such financial intermediary’s rules and regulations.
Transaction Fee. Through FYSH, Providers can issue Invoices to Clients for services rendered. FYSH charges a flat fee of $1.00 per Invoice which is Collected through FYSH’s third party processor(s).
FYSH reserves the right to update the fees charged at any time, subject to a thirty (30) day notice period to all affected users. If you continue to use the Technology Services after such thirty (30) days, then you are deemed to have accepted the change in Fees contemplated by such notice.
use of FYSH beacon.
Definitions. For purposes of this Section, the following terms have the following definitions:
“Beacon” means a low energy hardware device which transmits a Bluetooth® signal to nearby Receivers.
“iBeaconTM” means a technology protocol developed by Apple which permits a Receiver to sense and receive a signal transmitted from a Beacon.
“Receiver” means any third-party mobile or fixed device such as mobile phones, tablets, devices plugged into a power source, or other radio frequency devices that are designed to receive transmissions from a Beacon.
Beacon for Purchase. Users of FYSH can purchase a Beacon, which integrates with the FYSH application, and enables Providers and Clients to electronically track time and attendance in rendering service.
Use of Third-Party Technology. You understand and agree that use of a Beacon incorporates third-party technology, including, but not limited to, iBeacon. You acknowledge and agree that FYSH’s ability to provide Beacon-based time and attendance tracking may be contingent upon third-party technologies. You expressly agree that any third-party beacon provider, their affiliates and licensors are not liable to you. You understand and agree that the proximity locations generated by the Beacon are approximate based upon several factors including, without limitation, environmental surroundings, obstructions, orientation between iBeacon and Receiver, accuracy of Receiver’s location, and version of software running on iBeacon and/or Receiver. You further understand and agree that the use of the Beacon may incur data usage charges in varying amounts, based on various factors.
- HIPAA disclaimer.
Unless otherwise specified in writing by FYSH, FYSH does not intend use of the Site or Technology Services to create obligations under the Health Insurance Portability and Accountability Act, as amended (“HIPAA”), and makes no representations that FYSH satisfies HIPAA requirements. If you are (or become) a Covered Entity or Business Associate under HIPAA, you may not use FYSH for any purpose or in any manner involving Protected Health Information unless you have received prior written consent to such use from FYSH.
- Release of Liability for Conduct and Disputes.
By using this Site or Technology Services, you hereby represent, understand, and expressly agree to release and hold FYSH harmless from any claim or controversy that may arise out of:
The actions or inactions of, or the relationship between, you and any Client, Provider or other user(s) of the Site that are not backup providers employed by one of our subsidiaries; and
Any information, instruction, advice or services created by any Client, Provider, or other third party that appeared on, or was communicated through, the Site
FYSH and its Affiliates expressly disclaim any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown, from the above. FYSH’s Affiliates include, but are not limited to, Applied Cadence, LLC and Unison Workforce Technologies, LLC.
- No Warranty.
The information and materials contained on the Site are provided “as is,” “as available.” Further, opinions, advice, statements, offers, or other information or content made available through the Technology Services, but not directly by FYSH, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. FYSH DOES NOT: (a) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS; (b) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN FYSH; (c) WARRANT THAT YOUR USE OF THE SITE OR TECHNOLOGY SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE TECHNOLOGY SERVICES WILL BE CORRECTED; OR (d) GIVE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, FYSH EXPRESSLY EXCLUDES ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY AND DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS.
IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, FYSH MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY USER OF OUR SITE TO PROVIDE SERVICES AS A PROVIDER OR TO EMPLOY THE SERVICES OF A PROVIDER.
- Limitation of Liability.
Incidental Damages and Aggregate Liability. In no event will FYSH be liable for any indirect, special, incidental, or consequential damages, losses or expenses arising out of or relating to the use or inability to use the Site or Technology Services, including without limitation damages related to any information received from the Site or Technology Services, removal of content from the Site, including profile information, any email distributed to any user or any linked web site or use thereof or inability to use by any party, or in connection with any termination of Technology Services or ability to access the Site or Technology Services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if FYSH, or representatives thereof, are advised of the possibility of such damages, losses or expenses. UNDER NO CIRCUMSTANCES WILL FYSH’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE TECHNOLOGY SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT.
In addition to the preceding paragraphs of this Section and other provisions of these Terms, any advice that may be posted on the Site is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice.
Nothing in this Agreement shall serve to diminish your liability under the Processor Terms. You are obliged to fulfill your obligations under this Agreement and those under the Processor Terms.
FYSH has agreed to indemnify and hold the Processor harmless for some, and in some cases, all of your liabilities occurring under the Processor Terms, including, but not limited to, disputes (including, but not limited to, chargebacks), refunds, reversals, returns and fines (as such terms are defined in the Processor Terms). Insofar as FYSH becomes liable to the Processor or any other third party for any penalties, fines, fees, or other liabilities under or in respect of the Processor Terms, the Payment Processing Services, or the Payment Network Rules, you agree to indemnify and hold FYSH harmless from and against any and all such liabilities.
Users further agree that they will cooperate as reasonably required in the defense of such claims. FYSH and its Affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by users, and users shall not, in any event, settle any claim or matter without the written consent of FYSH. Users further agree to hold harmless FYSH and its Affiliates from any claim arising from a third party’s use of information or materials of any kind that users post to the Site.
The Site, Technology Services, and all related products, including but not limited to software, reports, drafts of reports, artwork, photographs, videos, computer programs and codes, policies and procedures, and/or any other content contain material that is protected by intellectual property laws, including copyright, trade secret, and patent law. All rights not granted to you herein are expressly reserved by Unison Workforce, Inc.
- agreement to arbitrate.
Agreement to Arbitrate. This Section 19 is referred to in these Terms as the “Arbitration Agreement.” Unless you opt-out in accordance with the opt-out procedures set forth in this Section 19(g) below, you agree that all claims relating to or arising out of these Terms or the breach thereof, whether sounding in contract, tort, or otherwise that have arisen or may arise between you and FYSH and/or its Affiliates, whether relating to these Terms (including any alleged breach thereof), the Technology Services, the Site, or otherwise, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except you may assert individual claims in small claims court, if your claims qualify. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Class Action Waiver, Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND FYSH AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION, ACTION OR PROCEEDING. UNLESS BOTH YOU AND FYSH EXPRESSLY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AGAINST FYSH AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER FYSH USERS. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Pre-Arbitration Dispute Resolution. FYSH is always interested in resolving disputes amicably and efficiently. So before you commence arbitration, we suggest that you contact us to explain your complaint, as we may be able to resolve it without the need for arbitration. You may contact us at: support@FYSH.com.
Arbitration Procedures. If we cannot resolve a Claim informally, any Claim either of us asserts will be resolved only by binding arbitration and not in courts of general jurisdiction. Arbitration will be conducted by a neutral arbitrator in accordance with the Consumer Arbitration Rules of the American Arbitration Association (“AAA”), as modified by this Arbitration Agreement. If there is any inconsistency between the AAA Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would, including without limitation, the disclaimer, release, limitation of liability and indemnification provisions in Sections 13, 14, 15, 16, and 17. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
To commence an arbitration against FYSH, you must write a demand for arbitration that includes a description of the dispute and the amount of damages sought to be recovered. You can find a copy of the AAA Consumer Arbitration Rules Demand for Arbitration at www.adr.org. You file a copy of the Demand, plus the appropriate filing fee, to AAA at 230 South Broad Street, 12th Floor, Philadelphia, Pennsylvania 19102, or online at www.adr.org. You must also send one copy of the Demand via certified mail to Unison Workforce, Inc., Attn: Legal Department, 201 Lackawanna Avenue, Suite 211, Scranton, Pennsylvania 18505. For more information, see the AAA arbitration rules and forms, https://www.adr.org/Rules. You may represent yourself in the arbitration or be represented by an attorney or another representative. Once we receive your arbitration claim, we may assert any counterclaims we may have against you.
Arbitration shall be held in Lackawanna County, Pennsylvania or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or FYSH may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and FYSH subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by you and/or FYSH, unless the arbitrator requires otherwise.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort, or otherwise and all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
The arbitrator will decide the substance of all claims in accordance with the laws of the Commonwealth of Pennsylvania, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different FYSH users, but is bound by rulings in prior arbitrations involving the same FYSH user to the extent required by applicable law.
Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Commercial Arbitration Rules, unless otherwise provided in this Agreement to Arbitrate. Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse FYSH for all fees associated with the arbitration paid by FYSH on your behalf that you otherwise would be obligated to pay under the AAA Rules.
Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Opt-Out Procedure. You can choose to reject this Arbitration Agreement by mailing us a written opt-out notice (“Opt-Out Notice”) in accordance with the terms of this Section. The Opt-Out Notice must be postmarked no later than 30 Days after the date you use our Site or Technology Services for the first time. You must mail the Opt-Out Notice via certified mail to Unison Workforce, Inc., Attn: Legal Department, 201 Lackawanna Avenue, Suite 211, Scranton, Pennsylvania 18505. The Opt-Out Notice must state that you do not agree to the Arbitration Agreement and must include your name, address, phone number, and the email address(es) used to log in to the FYSH account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Arbitration Agreement. If you opt out of the Arbitration Agreement, FYSH will likewise not be bound by these arbitration provisions. All other terms of these Terms will continue to apply. Opting out of the Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with us. FYSH users who accepted a previous version of these Terms that included an arbitration agreement, and who did not timely opt out of that arbitration agreement, remain bound by the last arbitration agreement that they accepted. Upon receipt of a valid Opt-Out Notice, FYSH will provide the opting out user with a copy of the arbitration agreement from the last version of the Terms that the user accepted, if any exists.
Future Changes to this Arbitration Agreement. Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any change to this Arbitration Agreement (other than a change to any notice address or website link provided herein) in the future, such change shall not be effective until at least 60 days from the date of posting, and shall not apply to any claim that was filed in a legal proceeding against FYSH prior to the effective date of the change. Moreover, if we seek to terminate this Arbitration Agreement from these Terms, such termination shall not be effective until 30 days after the version of these Terms not containing the Arbitration Agreement is posted to the Site, and shall not be effective as to any claim that was filed in a legal proceeding against FYSH prior to the effective date of removal.
- Relationship of the Parties.
By agreeing to these Terms, users of the Site and Technology Services acknowledge and agree no partner, joint venturer, agent, legal representative, employer, contractor or employee relationship exists between the user and FYSH. Users are solely and exclusively responsible for compliance with all applicable tax and compensation laws as they govern the relationship between Provider and Client. The use of the Site and Technology Services shall not entitle Provider to receipt of salary or fringe benefits from, or to participate in any employee benefit plan of FYSH. Providers acknowledge and agree that they are not entitled to the rights or benefits afforded to any employees of FYSH, including disability or unemployment insurance, worker’s compensation, medical insurance, sick leave, vacation pay, or any other employment benefit. Providers are responsible for providing, at their own expense, and in their own name, the requisite training, education, certifications, licenses, and/or permits, and unemployment, disability, worker’s compensation, professional liability, and other insurance as usual, necessary, or required for performing services for Clients.
The provision of payroll, invoice, payment and accounting services by FYSH does not create an employment relationship. No state, local, unemployment, Social Security or business privilege taxes (where applicable) shall be withheld by FYSH. Users are responsible for filing required returns and fulfilling all obligations incurred under the Federal Insurance Contributions Act (FICA), Federal, State and Local Income Tax Laws and other Tax Laws.
Users shall not represent or hold themselves out as an employee or other representative of FYSH as one affiliated with FYSH in any way whatsoever.
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