Last updated 06/26/20
NOTE THAT THESE TERMS OF USE CONTAIN A LIMITATION OF OUR LIABILITY.
The websites www.unskewmysearch.com and www.freespoke.com (the “Websites”), are owned and operated by Freedom Fries, LLC, a Delaware limited liability company, d/b/a Freespoke (such entity, together with its subsidiaries, being referred to hereafter as “Freespoke”). This Agreement is a legal contract between you and Freespoke and applies to your use of the Websites, including any information and materials therein and any software that Freespoke makes available that allows you to access the Websites from a mobile device (“App”) or any software you may add to an existing web browser (“Extension”), and any search or other services (“Services”) provided therein. Unless otherwise noted, all references to “Websites” shall include any App, Extension and information or materials available via the Websites, App or Extension. By accessing all or any part of the Websites and/or Services, you fully accept and agree to comply with all of the terms and conditions set out in this Agreement. You may not use the Websites or Services except as expressly provided in this Agreement. If you do not agree to this Agreement, you should not access or use the Websites or Services.
The Websites are the property of Freespoke and its affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. All Freespoke product or service names or logos appearing in the Websites are either trademarks or registered trademarks of Freespoke and/or its affiliates. Freespoke does not, and will not, waive any of its trademark or other intellectual property rights concerning any such name or logo unless such waiver is in writing signed by Freespoke. All other product or service names or logos are trademarks or registered trademarks of their respective owners and may not be used without consent from such owners. Freespoke does not grant you permission to use such other parties’ product or service names or logos.
No part of the Websites may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that Freespoke authorizes you to view, copy, download, and print Freespoke documents (such as press releases and FAQs) that are available on this web site, subject to the following conditions:
Nothing contained on the Websites or in the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Websites or any documents displayed on the Websites, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of Freespoke or such third party that may own the copyright of material displayed on the Websites.
Your use of the Websites and Services is at your own risk. Freespoke does not warrant the accuracy or timeliness of the information and materials contained on the Websites or the Services provided therein. Freespoke has no liability for any loss of, or errors or omissions, whether provided by Freespoke our licensors or suppliers or other users.
The information and materials contained on the Websites, including text, graphics, links or other items, and in the Services are provided “as is” and “as available.” Freespoke does not warrant the accuracy, adequacy, timeliness, or completeness of this information, materials, or Services, or the Websites’s safety and security, and expressly disclaim liability for errors, omissions or other defects, or delays or interruptions in this information and materials, and the Websites’s or Service’s interoperability, unavailability, or security vulnerabilities. Some jurisdictions may prohibit a disclaimer of warranties and you may have other rights that vary from jurisdiction to jurisdiction.
The Websites may contain links to third-party websites (“Linked Sites”). Such Linked Sites are not under Freespoke’s control, and Freespoke is not responsible for their content, security, functionality or any other information, product or service offered on any Linked Site. For the terms of use and other policies pertaining to the Linked Sites you should review the terms of use and policies posted on the Linked Sites.
The Website contains a section entitled “As Not Seen On….” Content posted in this section is only hosted by Freespoke pursuant to a license from the content creator(s) and is not created by Freespoke and does not represent its opinions or beliefs or that of its owners, employees, and affiliates. Hosting content does not indicate any endorsement of, support for, or affiliation with the content, the creator(s) of the content, or the positions it or they may take.
Freespoke does not create or edit the content on the As Not Seen On section.
Freespoke is not responsible for the content in the As Not Seen On section, nor is it responsible for any links, linked content or Linked Sites contained within content in the As Not Seen On section. Such links are followed at your own risk. Freespoke makes no, and disclaims all, representations and warranties, whether express or implied, regarding any content in the As Not Seen On section, including any liability for errors, omissions or other defects, or delays or interruptions in the information and materials on the As Not Seen On section. Such content is provided “as is” and is reviewed and used at your own risk.
Content on the As Not Seen On section is subject to all of Freespoke’s Terms of Service, including its Digital Millennium Copyright Act Policy.
Freespoke may alter, suspend, or discontinue the Websites or Services at any time for any reason, without notice or cost. The Websites or Services may become unavailable due to maintenance or malfunction of computer equipment or other reasons and Freespoke shall not be liable for any damage caused by such unavailability.
The content in As Not Seen On section is not created or edited by Freespoke. Rather, it is hosted pursuant to a license with the creator of the content and belongs solely to the creator. Freespoke is not responsible for the content in the As Not Seen On section, and Freespoke is not responsible for any links, linked content or linked sites contained within content in the As Not Seen On section. Such content is provided “as is” and is reviewed and used at your own risk.
The content in the As Not Seen On section does not represent Freespoke’s opinions or beliefs or that of its owners, employees, and affiliates. The fact that content may appear in this section does not indicate any endorsement of, support for, or affiliation with the content, the creator(s) of the content, or the positions it or they may take.
By using the Websites and/or Services, you agree to indemnify, hold harmless and defend Freespoke and its officers, directors, agents and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Websites and/or Services in violation of these terms. The information on the Websites and Services is provided with the understanding that Freespoke providing such information does not constitute the rendering of professional advice or services.
BECAUSE THE AMOUNT OF DAMAGES FOR YOUR USE OF THE WEBSITE AND SERVICES IS UNCERTAIN AND NOT EASILY QUANTIFIABLE, FREESPOKE’S AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS, LOSSES, LIABILITIES OR DAMAGES IN CONNECTION WITH THIS AGREEMENT, YOUR ACCESS TO AND USE OF, OR INABILITY TO ACCESS OR USE, THE WEBSITE OR SERVICES, WHETHER AS A RESULT OF A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE OR PASSIVE) OR ANY OTHER CAUSE OF ACTION AT LAW OR IN EQUITY, REGARDLESS OF THE THEORY OF LIABILITY, IS LIMITED TO NO MORE THAN FIFTY (US $50) DOLLARS.
IN ADDITION, FREESPOKE WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR LOST PROFITS, CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES.
You may not use the Websites or Services to:
These are some, though not all, of the activities that may result in removal of content which you post to or transmit through the Website and/or the Services. The final decision of whether any information, code or other material is in violation of any of these policies is at the sole discretion of Freespoke. You agree that violations by you, or any person or entity acting on your behalf, of the terms of this Agreement will entitle Freespoke, in addition to any other remedies including referral for criminal prosecution, to remove any content, code or other material, and take any other actions that Freespoke believes is necessary to protect itself, its users, the Websites and/or the Services.
This Agreement shall be governed and construed in accordance with the laws of the State of Delaware without giving effect to conflict of law principles. You and Freespoke agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in the state of Delaware for the purpose of litigating all disputes.
You shall use the Websites and Services only in compliance with Freespoke’s published policies then in effect and all applicable laws and regulations.
You can view Freespoke’s privacy policy for the Website and Services provided at www.freespoke.com here.
You can view Freespoke’s privacy policy for the Website and Services provided at www.unskewmysearch.com here.
You can view Freespoke’s privacy policy for the Extension Unskew My Search here.
You can view Freespoke’s notice of collection policy for the Website and Services provided at www.freespoke.com here.
We may revise this Agreement from time to time. If we do, those revisions will supersede prior versions. Unless we say otherwise, revisions will be effective upon the effective date indicated at the top of this Agreement. We will provide you advance notice of any material revisions if you have provided us contact information through our Website and requested to receive updates. This notice will be provided by e-mail to the e-mail address we have on file. All revisions will result in an update to the effective date of this Agreement at the top of the page. We encourage you to check the effective date of this Agreement whenever you visit Freespoke’s Website or use our Services. Your continued access or use of the Website and/or the Services constitutes your acceptance of any revisions. If you do not agree to the revisions, you should stop using the Website and/or the Services.
If you provide us with your email address, and choose to receive email communications from us, you thereby consent to receiving certain electronic communications from Freespoke. If allowable under applicable law, any notices, agreements, disclosures, or other communications that Freespoke sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing. If applicable law does not provide for such electronic communications to satisfy legal communication requirements, including that such communications be in writing, then by providing us with your email address and choosing to receive emails from us, you agree that such electronic communications satisfy any legal communication requirements, including that such communications be in writing.
This Agreement constitutes the entire and exclusive agreement between You and Freespoke regarding use of and access to the Websites.
You may not assign or transfer this Agreement or your rights hereunder, in whole or in part, by operation of law or otherwise, without Freespoke’s prior written consent. Freespoke may assign this Agreement at any time without notice.
The failure to require performance of any provision will not affect Freespoke’s right to require performance at any time thereafter, nor will a waiver of any breach or default of this Agreement or any provision of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
In the event that any part of this Agreement is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.
Neither Freespoke nor you will be in violation of the Agreement if a failure to perform any obligation (other than failure to pay if your relationship with Freespoke requires payment) is due to an event beyond such party’s control, such as significant failure of a part of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorism, or other similar events.
Upon termination or expiration of this Agreement, any provision that by its nature or express terms should survive will survive such termination or expiration.
The Website and Services are offered by Freedom Fries, LLC, d/b/a Freespoke, located at PO Box 6313, Chicago, IL 60606. You may contact us by sending correspondence to the foregoing address or by emailing us at support@freespoke.com. Report misuse of the Services or Website at support@freespoke.com