Terms and Conditions
Welcome to SoKay!
These terms and conditions outline the rules and regulations for the use of SoKay, a The Fibonacci Effect’s (the “Company”) website, located at www.sosokay.com (referred to as the “Site” “site” below).
YOU AGREE THAT BY USING THE SITE, ANY APPLICATIONS, AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person visiting this website and compliant to the Company’s terms and conditions. “The Company”, “SoKay”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer and acceptance to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, content and products at or through the Site (collectively, the “Services”). Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Unless otherwise stated, the Company and/or its licensors own the intellectual property rights for all material on the site All intellectual property rights are reserved. You may access this from the site for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
• Republish material from the Site
• Sell, rent or sub-license material from the site
• Reproduce, duplicate or copy material from the site
• Redistribute content from the site
Parts of this website offer an opportunity for users to post and exchange opinions and information (“Comments”) in certain areas of the website. The site does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of the Company, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the fullest extent permitted by applicable laws, The Company shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
The Fibonacci Effect reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
• You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
• The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
• The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
• The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant the Company a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Hyperlinking to our Content
The following organizations may link to our Site without prior written approval:
• Government agencies;
• Search engines;
• News organizations;
• Online directory distributors may link to our website in the same manner as they hyperlink to the websites of other listed businesses; and
• System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our web site.
These organizations may link to our home page, to publications or to other website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
• commonly-known consumer and/or business information sources;
• dot.com community sites;
• associations or other groups representing charities;
• online directory distributors;
• internet portals;
• accounting, law and consulting firms; and
• educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of The Company; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail via the general contact form on the home page. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Site, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our website as follows:
• By use of our corporate name; or
• By use of the uniform resource locator being linked to; or
• By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of Company’s logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Links to Third Party Sites
The site may contain links to third party resources and businesses on the Internet (referred to as “links” or “Linked Sites”). Those links are provided to further help the users identify and locate other Internet resources that may be helpful to the users. Unless marked as a “Sponsor”, these Linked Sites are not associated with us. Rocket Lawyer is not legally authorized to use any trade name, registered trademark, logo, official seal or copyrighted material that may appear in the link.
Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links, but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
The Site may have errors and inaccurate information on or through products and services of the website. We may make corrections and improvements at any time. Information provided by us on the Site should not be relied upon for personal, medical, legal, or financial decision. Our Services, including reminding services, are supplementary instruments and should not be relied upon as solutions to personal, medical, legal, or financial situations.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
Not Law Firm
We are not a law firm and do not provide legal advice. The information provided by the website along with the content on our website related to legal matters (“Legal Information”) is provided for your private use and does not constitute legal advice. We do not review any information you provide us for legal accuracy or sufficiency, draw legal conclusions, provide opinions about your selection of forms, or apply the law to the facts of your situation.
Legal Information received via the site should not be relied upon for personal, medical, legal, or financial decisions. If you need legal advice for a specific problem, you should consult with a licensed attorney. Your use of the Services does not create an attorney-client relationship between you and the Site, or between you and any of our employees or representatives.
The attorneys and other service providers published on the site are independent third-party service providers, who provide services to you directly, via a separate agreement between you and the provider. The Company does not guarantee the substance of these services.
Not Fee Collection Agency
We are not a fee collection agency and are not licensed to practice as one. Our repayment reminder service is only for notifying the receiving parties, who have previously agreed to receiving such notifications, of upcoming dates when agreed-upon events, such as repaying loans, are expected to happen. We do not warrant the results of such services, nor should we be relied upon for the collection or any other responsibility.
Not Government Authority
The Red Register is a public database that we maintain, which records self-volunteered submissions of allegations involving bad personal loans between individuals. We are not a government authority and the database is only for research and reference purposes. The submissions, regardless eventually registered in the database or refused, are personal opinions and shall be treated as such. Unless being ruled in the court of law and becoming public information, the entries in the database are all unverified allegations and shall be used with caution and discretion. We do not and are not authorized to discuss and advise on the authenticity of the claims included in the database. We only act as collector, administrator and host of the information, and a platform for free expressions of opinions. In no event will we be liable for any damage or loss of any nature resulting from the use or misuse of this database. You should not draw any conclusion based on the information from this database.
If you believe that you are wrongfully included in the database, please send email to: [email protected]
THE SITE MAKES NO REPRESENTATION OR WARRANTIES WITH REGARD TO THE CONTENT ON THE WEBSITE, INCLUDING THIRD PARTY MATERIAL AND COMMUNICATIONS FROM CUSTOMER SERVICE REPRESENTATIVES. APPLICATIONS, SERVICES AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE OR APPLICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE SITE MAKES NO WARRANTY THAT: (A) THE SITE, THE SERVICES PROVIDED, APPLICATIONS, OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, THE SERVICES PROVIDED, APPLICATIONS, OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, THE SERVICES PROVIDED, APPLICATIONS, OR ANY MATERIALS OFFERED THROUGH THE SITE OR APPLICATIONS, WILL BE ACCURATE OR RELIABLE;
THE INFORMATION AND MATERIAL ON THIS SITE ALONG WITH THE SERVICES ARE ALL FREE, WHICH SHOULD BE USED AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. THE COMPANY DOES NOT TAKE ANY RESPONSIBILITY FOR ANY CONSEQUENCE RESULTING FROM USING THE INFORMATION, MATERIAL AND SERVICES PROVIDED ON THIS SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR EMPLOYEES AND REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Release and Indemnification
You release, forever discharge and hold the Company, its contractors, and their respective directors, officers, employees, and agents harmless from any and all losses, damages, expenses, including reasonable attorney’s fees, rights, claims, and actions of any kind and injury (including death) arising out of or relating to your use or misuse of the Services.
You agree to indemnify and hold the harmless the Company, its contractors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use or misuse of our Services or those of the third-party providers, including but not limited to your violation of this Agreement, Content that you post, and your violation of any rights of another.
Right to Refuse
You acknowledge that the SoKay website reserves the right to refuse service to anyone and to cancel user access at any time.
Jurisdiction and Applicable Law.
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of New York, U.S.A., excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in New York, NY.
In most cases, the concerns can be easily and quickly resolved by contacting us through contact form or email at [email protected] Shall any dispute arise, you must contact us directly to resolve first. In rare events that we cannot resolve a dispute within 60 days of notification, except as otherwise expressly provided in this Agreement, then all claims, controversies or disputes arising out of or related to this Agreement, or any breach thereof, shall be resolved by mediation or binding arbitration in New York, NY, in accordance with the Commercial Arbitration rules of the American Arbitration Association, instead of in a court by a judge or jury. We provide all our services for free. You agree that in any arbitration, the potential damage award will not exceed USD 200.
We may revise the current terms from time to time. This website will always display the most current version. If a revision substantially reduces your rights, we will notify you, either through blog and social media, or newsletter, if you are subscribed. By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.