Welcome to Fiestah! Please read these Terms and Conditions carefully. These Terms and Conditions include our policy for acceptable use of the Site and content posted on the Site, your rights, obligations, and restrictions regarding your use of the Site and the Site’s Privacy Policy.

THIS TERMS & CONDITIONS AGREEMENT (THE “AGREEMENT”) DESCRIBES THE TERMS AND CONDITIONS APPLICABLE TO YOUR USE OF THE SERVICES OF FIESTAH, INC. (“FIESTAH, “FIESTAH.COM”, “THE SITE”, “WE”, “US”), AVAILABLE AT FIESTAH.COM. BY USING FIESTAH.COM, YOU SIGNIFY YOUR ACCEPTANCE OF THE AGREEMENT. IF YOU DO NOT AGREE TO THE AGREEMENT, PLEASE DO NOT USE FIESTAH.COM. FIESTAH RESERVES THE RIGHT TO AMEND THE AGREEMENT FROM TIME TO TIME WITHOUT NOTICE. ALL MODIFIED TERMS AND CONDITIONS SHALL TAKE EFFECT IMMEDIATELY AFTER POSTING TO FIESTAH.COM. FIESTAH ENCOURAGES YOU TO REVIEW THESE TERMS AND THE FIESTAH.COM SITE PERIODICALLY BECAUSE ANY CHANGES WILL BE BINDING ON YOU. THE AGREEMENT MAY NOT BE MODIFIED, AMENDED, AND/OR CHANGED BY YOU IN ANY MANNER; HOWEVER, YOU MAY CHOOSE TO CANCEL YOUR MEMBERSHIP AT YOUR CHOOSING. THE AGREEMENT IS EFFECTIVE ON JULY 10, 2012 FOR ALL USERS.

Fiestah Membership

You may become a registered user(“User”) of the Site at no cost. A User can register as an “Organizer” and/or a “Vendor”. An organizer has the ability to request services (“Service Request”) from the Vendors and a Vendor can submit bids/quotes to Organizers in response to a Service Request (“Quote to Service Request” or “Quote”).

Vendors

Pricing: Fiestah allows service professionals, local businesses, and/or freelancers (“Vendors”) to receive Service Requests from Organizers using the Fiestah Applications, namely the Fiestah.com site, mobile applications, or other Fiestah-controlled electronic media. Vendors will pay a commission (“Commissions”) to Fiestah for each respective Quote that is accepted by a respective Organizer. Once an organizer accepts a Vendor’s Quote to a Service Request, that Service Request is converted into an Active Job. Vendors only pay Commissions if the Service Request becomes an Active Job.

Commission: Payment of the Commission based on the Quote shall be deducted from the Vendor’s earnings from the related Active Job at the time the Vendor’s Quote is accepted by the Organizer. Payment of any additional amounts resulting from the Active Job shall be deducted from the Vendor’s earnings at the time that such additional amounts are reported to Fiestah by the Organizer and/or the Vendor. At its discretion, Fiestah may deduct a Commission from the Vendor’s earnings prior to the completion of an Active Job.

Payments made to Fiestah are non-refundable, provided, however, that Fiestah may, in its sole discretion, refund a Vendor’s Commission if the Active Job is cancelled and/or otherwise not performed by the Vendor due to circumstances outside of the Vendor’s control. Unless otherwise stated, all fees are quoted in U.S. Dollars. The Vendor is responsible for paying all applicable taxes and for all services the Vendor renders and other costs the Vendor incurs in providing a service to an organizer. Fiestah utilizes a third-party site, Balanced, to handle all of the financial transactions associated with the Fiestah services. Please refer to Balanced’s Terms and Conditions on their Web site.

Service Requests and Quotes

Submitting a Service Request: Once an organizer submits a Service Request, Fiestah’s proprietary algorithm is used to select the Vendor(s) who will receive notice of, and be invited to, view such Service Request. The Vendor(s) will then be able to ask questions about the Service Request and submit a Quote to perform the job, if interested. Organizers must provide required personal information (e.g., what they want done, when they want it done, where they want it done) to submit a valid Service Request. Fiestah will inform Vendors that match the skills or services requested. However, Fiestah does not and cannot guarantee a match between an organizer’s Service Request and a Vendor and/or that there are Vendors in the Organizer’s geographic area that are either capable and/or willing to complete the Service Request. Fiestah.com does not guarantee a successful transaction.

Submitting a Quote: By submitting a Quote on the Site, you are offering to render a service at the price specified in the Quote. A “Winning Quote” is a Quote that is accepted by the Organizer. Submitting a Quote constitutes entering into a binding legal agreement with the Organizer to provide the service for the specified price in the Quote. Any changes or modifications to service must be resolved with the Organizer. Do not place a Quote until you are sure that you understand what you are Quoting on and, if necessary, have received an answer in response to a question conveyed to the Organizer regarding any ambiguities or missing information in the Service Request. Once a Quote is submitted, it may be canceled and/or retracted up until the point the Organizer accepts the Quote and the Service Request becomes an Active Job.

Any Vendor may submit a Quote for a Service Request they are matched to, subject to the conditions of this Agreement. If a User is acting as a Vendor, he or she must register with Fiestah as a Vendor by creating a Vendor Profile, and he or she must be capable of forming legally binding relations under applicable law. A Vendor must be at least eighteen (18) years old in order to create a Vendor Profile or submit a Quote. In registering as a Vendor, you represent that you are duly licensed (as applicable) and have the qualifications, the experience, and the ability to properly perform the services. Each Vendor shall use its best efforts to perform the services such that the results are satisfactory to the Organizers.

By Quoting on a Service Request, you authorize Us to release your contact information, including name, address, email, and telephone number, to the Organizer who posted the Service Request if your Quote is the “Winning Quote”selected by the Organizer. Some information, including but not limited to, your name, city, distance from job location, Web site, business description, credentials and qualifications, ratings and reviews, photographic portfolio of prior work, year of establishment, and chosen appointment time can be seen by the Organizer even before they select your Quote (“Business Information”). Please refer to our Privacy Policy to read more about information that we may share about you to relevant parties. You may find and review our Privacy Policy here.

Organizer Relationship; Scheduling; Inquiries: Vendor acknowledges that it is solely responsible for customer service and client satisfaction for any services performed for Organizers. Vendor will be solely responsible for scheduling and managing appointments with Organizers and managing Organizers’ inquires. An Active Job cancellation must be done through the Site via the “Cancel Job” feature, and may not be done outside of this specific feature. Fiestah may, in its sole discretion, refund a Vendor’s Commission if the Active Job is canceled before it can be performed.

Subverting or exploiting the Fiestah Marketplace: The value of Fiestah rests in its thriving marketplace of Organizers and Vendors. It is a violation of this Agreement to (a) intentionally avoid the payment of Commissions by arranging Jobs with Organizers outside of the context of the Site, or (b) knowingly submit a Quote for a Service Request with the intention of delegating the performance of the Active Job to another Vendor and/or to a third-partyfor purposes of garnering a commission, agency, finder’s fee, and/or placement fee.

Vendor Profile Information: Fiestah allows Vendors to post Vendor Profiles on the Site. Fiestah does not review and/or verify the information and/or representations set forth in the Vendor Profiles, as they are self-reported by the Vendors. Consumers should conduct their own investigation of Vendors, including, but not limited to, whether vendors are appropriately licensed, free of significant legal judgments, and/or carry appropriate general liability insurance or bonding and/or adhere to other industry-relevant standards. Fiestah does not represent or warrant that the information received by consumers from state, provincial, or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that consumer checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third-party sources. Notwithstanding the foregoing, Fiestah, at its sole discretion, reserves the right to review such Vendor Profiles and to delete and/or modify any content posted on the Vendor Profiles that is not consistentwith and/or in accordance with this Agreement. Vendor shall be deemed to have accepted such Vendor Profile changes and/or additions if it does not request that Fiestah take down such changes and/or additions within ninety-six (96) hours after it receives notice from Fiestah, or otherwise, that such changes and/or additions have been posted to the Vendor’sVendor Profile. Any such changes and/or additional information shall be deemed to be Vendor content subject to this Agreement.

Relationship with Vendors: Fiestah is providing the Site only for purposes of connecting Vendors and Organizers. Fiestah may, in its sole discretion, contact a Vendor to determine whether the Vendor wishes to submit a Quote for a Service Request. If the Vendor wishes to submit a Quote but is unable to do so, the Vendor may provide Fiestah with the information necessary to submit the Quote, and with the Vendor’s consent Fiestah will log into the Vendor’s account to submit the Quote on behalf of the Vendor. The Vendor waives all claims, or causes of action, of any kind, against Fiestah, and/or its Representatives, that the Vendor may have, arising from, or relating to, Fiestah’s submission of, or failure to submit, Quotes on behalf of the Vendor in accordance with this Agreement. You acknowledge and agree that Fiestah has no liability for the action, or inaction, of any Vendor and that except for the limited authorization provided above, there is no (a) full time or part-time employment, (b) at-will employment, (c) consulting, (d) contractor, (e) joint venture, and/or (f) agency relationship between Fiestah and Vendors.

Organizers

Service Requests: Any User may submit a Service Request in accordance with the conditions of this Agreement. If a User is acting as an organizer, he or she must register as a User and be capable of forming legally binding relations under applicable law. An organizer must be at least eighteen (18) years old in order to submit a Service Request. All Service Requests posted through the Site must be lawful and not in violation of any city ordinance, state, local,and/or federal law. A submitted Service Request must be descriptive enough to allow a Vendor to ascertain the necessary details to submit a fully informed Quote.

When an organizer accepts a Quote from a Vendor on his or her Service Request, he or she explicitly implies an offer to pay the Vendor in the amount of the Quote for the services rendered. Accepting a Quote amounts to entering a binding legal agreement to pay the Vendor once the Service is rendered. Please consider carefully when you accept a Quote from a Vendor. When submitting a Service Request, ensure that the Service Request does not infringe upon the copyright, trademark,and/or other rights of any third-party. By posting a Service Request you represent that the Service Request is lawful and does not infringe on the intellectual property of any third-party. Your description of the Service Request must be truthful and accurate. Any Service Request posted on the Site (a) shall not be fraudulent; (b) shall not infringe any third party’s copyright, patent, trademark, trade secret, other proprietary rights,and/or rights of publicity and/or privacy; (c) shall not violate any law, statute, ordinance,and/or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (d) shall not be defamatory, trade libelous, unlawfully threatening, or unlawfully harassing; (e) shall not be obscene or contain child pornography; and (f) shall not contain any computer, network, or other viruses, Trojan horses, worms, time bombs, cancel bots, and/or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, and/or expropriate any system, data, or personal information.

No Warranty or Endorsement: Fiestah does not endorse and/or recommend the services of any particular Vendor. It is entirely up to the Organizer to enter into a direct contract, or otherwise reach agreement with, a Vendor. Fiestah does not guarantee and/or warrant the Vendor’s performance on the Service Request and/or the outcome and/or quality of the services performed. The Vendors neither are employees and/or agents of Fiestah, nor is Fiestah an employee and/or agent of the Vendors. Fiestah does not perform, and is not responsible for, any of the services requested by the Organizer in the Service Request. Organizers’ use of the Fiestah service is at Organizers’ sole risk. Fiestah.com is a matching service and does not guarantee a successful transaction. THE SERVICES OFFERED BY VENDORS ARE PROVIDED ON AN “AS- IS” AND “AS-AVAILABLE” BASIS.

Disputes: Fiestah will not work to resolve any disputes between an organizer and a Vendor and is not responsible for disputes, claims, losses, injuries,and/or damage, of any kind, that might arise out of, or relate to, conduct of Vendors and/or Organizers. In exchange for the privilege of accessing the Site, Users further agree to release Fiestah from any claims, demands, and damages (actual and consequential) of any and every kind, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in, any way connected with, any dispute you have with one or more Vendors and/or Organizers.

If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

TERMINATION, USERS, CONTENT, WARRANTIES, & MISCELLANEOUS

Termination of Account: This Agreement will remain in full force and effect while you use the Site and/or are a User of the Fiestah Applications. You may terminate your Organizer account and/or Vendor Profile(s) at any time, for any reason. To cancel an account, please send a written notice of termination to support@fiestah.com. If you terminate your account, your account will be disabled within a reasonable time from receipt of your request. Fiestah may terminate your account or this Agreement at any time, with or without cause, by sending notice to you at the email address you provide in your account registration, or such other email address as you may later provide to Fiestah. If Fiestah terminates your account because you have breached this Agreement, you will not be entitled to any refund. All decisions regarding the termination of accounts shall be made in the sole discretion of Fiestah. Fiestah is not required to provide you notice prior to terminating your account. Fiestah is not required to disclose a reason for the termination of your account, and in some circumstances may be prohibited from doing so. Even after your account is terminated, the terms and conditions of this Agreement shall survive, will control the relationship between the parties in regard to the Fiestah Applications, and will remain in effect. Please see our Privacy Policy regarding changing or deleting your account.

Interactions and Transactions with Other Users: You are solely responsible for your interactions with other Users. You understand that Fiestah does not in any way screen its Users, nor does Fiestah inquire into the backgrounds of its Users and/or attempt to verify the statements of its Users. Fiestah makes no representations and/or warranties as to the conduct of any respective User or its ability to pay a Vendor and/or any Vendor’s ability to provide a service compliant with the Organizer’s Service Request. Your rights under contracts you enter into with Vendors are governed by the terms of such contracts and by applicable federal, state, provincial, local, and/or any other relevant law. Should you have a dispute with any Vendor, you must address such dispute with the Vendors directly.

No Warranties: To the extent legally permitted under applicable law, (a) Fiestah does not promise that the Site will be error-free, uninterrupted, or that it will provide specific results from use of the Site or any content, search,and/or link on it, and (b) the Site and its content are delivered on an “As-Is” and “As-Available” basis. Fiestah cannot ensure that any files you download from the Site will be free of viruses and/or contamination and/or destructive features. To the extent legally permitted under applicable law, Fiestah disclaims any and all warranties, express or implied, including any implied warranties of vendorability and fitness for a particular purpose.

Limitations of liability: To the extent legally permitted under applicable law, Fiestah will not be liable for any damages of any kind arising from the use of the Site, including, without limitation, direct, indirect, incidental, or punitive or consequential damages. Fiestah makes no guarantees of any specific result from use of the Site.

To the extent legally permitted under applicable law, Fiestah disclaims any and all liability for the acts, omissions, and conduct of any third-party users, Fiestah Users, advertisers, and/or sponsors on the Site, in connection with the Site or otherwise related to your use of the Site. Fiestah is not liable for any lost data resulting from the operation of the Site or the enforcement of Fiestah’s Terms and Conditions, Fiestah’s Privacy Policy, and/or any other relevant Fiestah policies or rules.

To the extent legally permitted under applicable law, Fiestah disclaims all liability for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of a User or anyone else in connection with the use of the Site, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from services performed by a Vendor or an organizer’s failure to pay a Vendor for services rendered. By using the Site, you agree to take reasonable precautions in all interactions with other Users of the Site. You understand that Fiestah makes no guarantees, warranties, either express or implied, regarding the quality of services rendered by any Vendor.

Content on the Fiestah Site

Proprietary Rights: Fiestah owns and retains all proprietary rights in the Site. The Site contains the copyrighted material, trademarks, and other proprietary information of Fiestah and its licensors. Except for that information which is in the public domain, or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display and/or sell any such proprietary information.

Documents and Information Available on this Site: Permission to use documents such as press releases, datasheets, content, informational items, and/or FAQs from the Fiestah Site is granted, provided that (a) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (b) use of such documents from the Site is for your informational and non-commercial and/or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (c) no modifications of any Documents are made. Educational institutions (specifically K-12, universities, and state community colleges) may download and reproduce the Fiestah service information documents for distribution in the classroom. Distribution outside the classroom requires express written permission of Fiestah. Use of the subject documents for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design and/or layout of the Fiestah Site or any other Fiestah Applications. Elements of Fiestah Applications are protected by trade dress, trademark, unfair competition, and other intellectual property and/or relevant laws and may not be copied or imitated in whole or in part. No logo, graphic, sound,and/or image from any Fiestah Application may be copied or retransmitted unless expressly permitted by Fiestah in writing.

Reliance on Content, Advice, Etc: Opinions, advice, statements, reviews, offers, or other information or content made available through the Site, but not directly by Fiestah, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Fiestah does not: (a) guarantee the accuracy, completeness, or usefulness of any information on the Site; or (b) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site. Under no circumstances will Fiestah or its affiliates be responsible or liable for any loss or damage resulting from your reliance on information and/or other content posted on the Site and/or transmitted to, or by, any Fiestah User, whether registered or not with the Fiestah services and/or the Site or Fiestah Applications pin general.

Information You Provide to Fiestah: You promise that all information you provide will be accurate, current, and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or if Fiestah has reasonable grounds to suspect that such information is untrue, inaccurate, not current,and/or incomplete, Fiestah has the right to refuse your current or future use of the Fiestah services (or any portion thereof), at Fiestah’s sole discretion and as set forth in the terms and conditions of this Agreement.

You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account.

In the event that you provide Fiestah with any feedback regarding the Fiestah services, including without limitation, any flaws, errors, bugs, anomalies, problems with and/or suggestions for the service or the Site (“Feedback”) you hereby assign to Fiestah all rights in the Feedback, including but not limited to, the right to use such Feedback and related information in any manner we deem appropriate.

Content Posted by You on the Fiestah Site: You are solely responsible for the content that you publish or display (“Post”) on the Site, or transmit to other Users. You will not Post on the Site, or transmit to other Users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, 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 will not provide inaccurate, misleading, or false information to Fiestah or to any other User. If information provided to Fiestah, or another User, subsequently becomes inaccurate, misleading or false, you will promptly notify Fiestah.

You understand and agree that Fiestah may review and delete any content, messages, double-blind emails, photos, or profiles (“Content”), in whole or in part, that in the sole judgment of Fiestah violate this Agreement or which might be offensive, illegal, or that might violate the rights of a third party, or that may harm or threaten the safety of Users.

You agree that all of the content and information posted on the Site, including but not limited to Vendor profiles, screening information, and ratings and reviews (including any ratings and reviews or any other content posted by you), is the sole and exclusive property of Fiestah. In the event that such ownership grant is deemed invalid, by posting Content to any area of the Site, you grant, and you represent and warrant that you have the right to grant, to Fiestah, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, sell, rent, lease, display, reproduce, adapt, modify, and distribute such information and Content and to prepare derivative works of, or incorporate into other works, such information and Content, and to grant and authorize sub-licenses of the foregoing. You further represent and warrant that public posting and use of your Content by Fiestah will not infringe or violate the rights of any third party.

Fiestah reserves the right to investigate and take appropriate legal action, in its sole discretion, against anyone who violates this Agreement, including without limitation, removing the offending communication from the Site and terminating the membership of such violators. A partial list of the kind of illegal and/or prohibited Site Content includes Content that:

  • Is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
  • Harasses or advocates harassment of another person;
  • Involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
  • Promotes information that you know is false or misleading (including with respect to the identity of the party who will perform an Active Job);
  • Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;
  • Promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protected devices, or providing pirated images, audio or video, or links to pirated images, audio, or video files;
  • Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
  • Provides material that exploits people under the age of eighteen (18) years in a sexual or violent manner, or solicits personal information from anyone under the age of eighteen (18) years;
  • Provides instructional information about illegal activities, such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
  • Solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
  • Engages in commercial activities and/or sales without our prior written consent from Fiestah, such as contests, sweepstakes, barter, advertising, and pyramid schemes; and
  • Violates state and/or local consumer protection laws.

Your use of the Site, including but not limited to the Content you Post on the Site, must be in accordance with any and all applicable laws and regulations, including this Agreement. Fiestah reserves the right to investigate and terminate your membership if you have misused the Site, or acted in a way that could be regarded as inappropriate and/or that is unlawful or illegal.

Fiestah Customer Care Representative: Fiestah may provide assistance and guidance through customer care representatives. When communicating with our customer care representatives, you may not to be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately. If We feel that your behavior toward any of customer care representatives or other representatives and/or employees is, at any time, threatening or offensive, We reserve the right to immediately terminate your membership and you will not be entitled to any refund of previously paid and/or earned Commission fees.

Modifications to Fiestah Site: Fiestah reserves the right at any time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without prior notice. You agree that Fiestah shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site and/or relevant Fiestah services.

Blocking of IP Addresses: In order to protect the integrity of the Site, Fiestah reserves the right to block Users from certain IP addresses from accessing the Site at any time, in its sole discretion.

Intellectual Property (“IP”) Policy: Fiestah takes IP rights seriously. Neither Users, nor any other party, may post, distribute, or reproduce in any way any copyrighted material, trademarks,patent, proprietary subject matter,or other proprietary information (“IP”) without obtaining the prior written consent of the owner of the rights in such IP. Fiestah can remove any Content posted on the Site if its use violates this Agreement. If you believe that your work or IP has been copied and posted on the Site in a way that constitutes copyright infringement or a violation of your rights, please provide Fiestah with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the proprietary interest; a description of the copyrighted work or IP that you claim has been infringed or violated; a description of where the material that you claim is infringing is located on the Site; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its/his/her agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the IP owner or authorized to act on the IP owner’s behalf. Fiestah can be reached by email at support@fiestah.com.

Privacy: Use of the Fiestah Site is also governed by our Privacy Policy.

Disclaimers: Fiestah is not responsible for any incorrect or inaccurate Content posted on the Site or in connection with the Site, whether caused by Users of the Site, or by any of the equipment or programming associated with or utilized in the Site. Fiestah is not responsible for the conduct, whether online or offline, of any User of the Site. Fiestah assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. Fiestah is not responsible for any problems and/or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Web site or combination thereof, including injury or damage to Users or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Site. Under no circumstances will Fiestah or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Fiestah Site, any Content posted on the Site or transmitted to Users, or any interactions between Users of the Site, whether online or offline. The Fiestah Sites are provided “AS-IS” and Fiestah expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Fiestah cannot guarantee and does not promise any specific results from use of the Fiestah Applications.

In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Site is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Fiestah makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site. If you have concerns or a situation arises where you require professional or medical advice, consult with an appropriately trained and qualified specialist.

Links: The Site or third parties may provide links to other Web sites or resources, including, for example, placement of a widget or live feed from a customer ratings Web site on your User profile. Because Fiestah has no control over such Web sites and/or resources, you acknowledge and agree that Fiestah is not responsible for the availability of such external Web sites or resources. Fiestah does not endorse and is not responsible or liable for any content, advertising, products, or other materials on, or available from, such Web sites or resources. You further acknowledge and agree that Fiestah shall not be responsible or liable, directly or indirectly, for any damage or loss caused by, or alleged to be caused by or in connection with, the use of, or reliance upon, such content, goods, or services available via any third-partyWeb site or resource.

Jurisdiction and Choice of Law: If there is any dispute arising out of the use of the Site, by using the Site you expressly agree that any such dispute shall be governed by the laws of the State of New York, without regard to conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of New York, in New York County, for the resolution of any such dispute.

Indemnity by You: You agree to indemnify and hold Fiestah, its subsidiaries, affiliates, officers, directors, agents, representatives and/or other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to, or arising from, use of the Site. How to Contact Us

If you have any questions or concerns about Fiestah’s Terms and Conditions or its implementation, or if you believe there are inaccuracies in your account information you may contact us as follows:

By Mail
Fiestah, Inc.
500 7th Ave
Fl 17A New York, NY 10018
By Email
support@fiestah.com