Terms of Service
GENERAL TERMS AND CONDITIONS
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR WEBSITE (WWW.FMFTECH.COM, HEREINAFTER THE “SITE”), THE SEARCHABLE ORDNANCE DATABASE™ (HEREINAFTER “SOrD™”, “SOrD”, OR THE “APP”), OR ANY OF OUR OTHER SOFTWARE OR SERVICES, INCLUDING ANY OF THEIR FEATURES AND/OR CONTENT, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THE SITE, APP, OR OTHER SOFTWARE OR SERVICES. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITE, APP, OR OTHER SOFTWARE OR SERVICES.
The present terms and conditions (hereinafter this “Agreement” or “Terms”) is a legal agreement between you and FMF Technology L.L.C. (hereinafter “FMFTECH”). This Agreement annuls and voids all previous agreements.
The Site, App, or other Software or Services are operated by FMFTECH. Throughout the Site, App, or other Software or Services, the terms “we”, “us” and “our” refer to FMFTECH. FMFTECH offers this Site, App, or other Software or Services, including all information, tools and content available from this Site, App, or other Software or Services to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our Site, App, or other Software or Services and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Site, App, or other Software or Services, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. In the event of an inconsistency between this Agreement and any additional terms or policies referenced herein, the provisions of the additional terms or policies shall control.
Please read these Terms carefully before accessing or using our Site, App, or other Software or Services. By accessing or using any part of the Site, App, or other Software or Services, you agree to be bound by these Terms. If you do not agree to all the Terms of this Agreement, then you may not access the Site, App, or other Software or Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools which are added shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site, App, or other Software or Services. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – GENERAL TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site, App, or other Software or Services.
You may not use our Site, App, or other Software or Services for any illegal or unauthorized purpose nor may you, in the use of our Site, App, or other Software or Services, violate any laws in your jurisdiction.
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your account and right to use our Site, App, or other Software or Services.
We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
1. Restrict, suspend or terminate your access to all or any part of our Site, App, or other Software or Services;
2. Change, suspend or discontinue all or any part of our products or Site, App, or other Software or Services;
3. Refuse, move, or remove any content that is available on all or any part of our Site, App, or other Software or Services;
4. Deactivate or delete your accounts;
5. Establish general practices and limits concerning use of our Site, App, or other Software or Services.
You agree that we will not be liable to you or any third party for taking any of these actions.
You understand and agree that our Site, App, or other Software or Services may include communications such as service announcements and administrative or legal notices from us. Please note that you cannot opt out of receiving these notices.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to, or participate in, create derivative works, decompile, reverse engineer, disassemble, exploit, rent, lease, loan, sell, resell, sub-license, publish, republish, reproduce, create derivative works, copy, modify, distribute, duplicate, display, export, re-export, or transmit for commercial, non-profit or public purposes all or any portion of the Site, App, or other Software or Services, without express written permission by FMFTECH.
You may not create derivative works, decompile, reverse engineer, disassemble, exploit, rent, lease, loan, sell, resell, sub-license, publish, republish, reproduce, create derivative works, copy, modify, distribute, duplicate, display, export, re-export, or transmit any of the content, in whole or in part, found on the Site, App, or other Software or Services. FMFTECH content is not for resale. Use of the Site, App, or other Software or Services does not entitle users to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of FMFTECH. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of FMFTECH except as expressly authorized by these Terms.
SECTION 2 – CREATING AN ACCOUNT
Once you create an account with us, you are registered on the FMFTECH Site, App, or other Software or Services. The terms “member,” “membership,” and “account” all refer to this registration as a member on FMFTECH’s Site, App, or other Software or Services. If you are merely surfing or browsing through the Site, App, or other Software or Services and have not yet created an account, your use of the Site, App, or other Software or Services is still subject to this Agreement; if you do not agree to this Agreement, do not use the Site, App, or other Software or Services.
When you create an account, you will provide a unique username and email. We will also ask you to create a password. Because any activities that occur under your username or password are your responsibility it is important for you to keep your username and/or password secure. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that FMFTECH is not responsible for third party access to your account that results from theft or misappropriation of your account. Notify us immediately if you believe that someone has used your username, email, or password without your authorization.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
a) furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and
b) maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, FMFTECH will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of FMFTECH Services, or any portion thereof.
SECTION 3 – CONDUCT
As a user or member of the Site, App, or other Software or Services, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the FMFTECH Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Site, App, or other Software or Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by FMFTECH.
Furthermore, you herein agree not to make use of FMFTECH Services for the purpose of:
a) uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
b) causing harm to minors in any manner whatsoever;
c) impersonating any individual or entity, including, but not limited to, any FMFTECH officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
d) forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;
e) uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
f) uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;
g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, “junk mail,” “spam,” or any other form of solicitation, except in any such areas that may have been designated for such purpose;
h) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
i) disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users’ ability to participate in any real time interactions;
j) interfering with or disrupting any FMFTECH Services, servers and/or networks that may be connected or related to our Site, App, or other Software or Services, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;
k) intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
l) providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a “foreign terrorist organization” in accordance to Section 219 of the Immigration Nationality Act;
m) “stalking” or with the intent to otherwise harass another individual; and/or
n) collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.
FMFTECH herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Site, App, or other Software or Services. In addition, we reserve the right to remove and/or delete any such content that would violate the Terms or which would otherwise be considered offensive to other visitors, users and/or members.
FMFTECH herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
a) compliance with any legal process;
b) enforcement of the Terms;
c) responding to any claim that therein contained content is in violation of the rights of any third party;
d) responding to requests for customer service; or
e) protecting the rights, property or the personal safety of FMFTECH, its visitors, users and members, including the general public.
FMFTECH herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by FMFTECH or any other content providers supplying content services to FMFTECH. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Site, App, or other Software or Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Site, App, or other Software or Services, despite whether done so in whole or in part, is expressly prohibited.
SECTION 4 – GLOBAL USE; EXPORT/IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
a) are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
b) agree not to transfer any software, technology or any other technical data through the use of our Site, App, or other Software or Services to any export-prohibited country;
c) agree not to use our website network Services for any uses that would be a violation of the U.S. export laws; and
d) agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.
SECTION 5 – SUBMITTED CONTENT
The Site, App, or other Software or Services may contain interactive areas. You grant FMFTECH an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, authorize use of, and use on its behalf any ideas, expression of ideas, text, graphics, messages, data, information or other materials (“Content” or “Works”) you submit. This license is without restrictions of any kind and without any obligation to notify, seek permission of, or compensate or reimburse in any manner or nature from FMFTECH to you or any third party. The license includes, the right of FMFTECH to make, use, sell, reproduce, publish, modify, adapt, prepare derivative works from, combine with other works, translate, distribute, display, perform and sub-license in any form, medium, or technology now known or hereafter developed.
By submitting Content to the Site and/or App, you certify and warrant that the Content:
a) is your original Works or that the owner of such Works has expressly granted to FMFTECH a perpetual worldwide royalty-free irrevocable, non-exclusive license for said Works,
b) does not contain any type of confidential or classified information,
c) and does not violate the rights of any third party.
CONTRIBUTIONS TO FMFTECH
FMFTECH may provide an area for our user and members to contribute and/or feedback to our Site, App, or other Software or Services. When you submit ideas, documents, suggestions and/or proposals (“Contributions”), you acknowledge and agree that:
a) your contributions do not contain any type of confidential or proprietary information;
b) FMFTECH shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
c) FMFTECH shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
d) the contributor’s Contributions shall automatically become the sole property of FMFTECH; and
e) FMFTECH is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
SECTION 6 – INDEMNITY
The Site, App, or other Software or Services are not to be considered Demining, Unexploded Ordnance (UXO), or Explosive Ordnance Disposal (EOD) Information. The Site, App, or other Software or Services were not designed to teach people how to be an EOD or UXO Technician, or Deminer, nor was the Site, App, or other Software or Services designed to identify UXO or ordnance. Proximity to UXO is always dangerous and should be avoided. Only trained personnel should seek out or handle UXO.
The content presented on the Site, App, or other Software or Services is not to be used for identification or instructional purposes and does not take the place of a qualified EOD, UXO, or Demining specialist, it is the responsibility of all users to verify with other official references the content presented on the Site, App, or other Software or Services from FMFTECH.
FMFTEC is not associated with the Department of Defense (DoD) or the U.S. Government. FMFTECH does not possess, accept, distribute, or handle classified Government documents or data.
The content contained in the Site, App, or other Software or Services is obtained from a variety of open source references and is in no way to be considered complete, or 100% accurate. Many times, these references contradict each other, even on such basic attributes such as physical dimensions. FMFTECH does not represent or warrant that the Site, App, or other Software or Services or content will be error-free, or that defects will be corrected or that it will always be accessible. Your use of the Site, App, or other Software or Services or content is at your own risk.
All users and/or members agree to insure and hold FMFTECH , our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or user of our Site, App, or other Software or Services may submit, post, modify, transmit or otherwise make available through our Site, App, or other Software or Services, the use of FMFTECH Site, App, or other Software or Services or your connection with these Site, App, or other Software or Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
SECTION 7 – COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any reason any part, use of, or access to FMFTECH ‘s Site, App, or other Software or Services.
SECTION 8 – MODIFICATIONS
FMFTECH reserves the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our Site, App, or other Software or Services, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Site, App, or other Software or Services, or any part thereof.
SECTION 9 – TERMINATION
You agree that FMFTECH may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Site, App, or other Software or Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
a) any breach or violation of our Terms or any other incorporated agreement, regulation and/or guideline;
b) by way of requests from law enforcement or any other governmental agencies;
c) the discontinuance, alteration and/or material modification to our Site, App, or other Software or Services, or any part thereof;
d) unexpected technical or security issues and/or problems;
e) any extended periods of inactivity;
f) any engagement by you in any fraudulent or illegal activities; and/or
g) the nonpayment of any associated fees that may be owed by you in connection with your account Services.Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Site, App, or other Software or Services.
The termination of your account shall include any and/or all of the following:
a) the removal of any access to all or part of the Site, App, or other Software or Services offered from FMFTECH;
b) the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and
c) the barring of any further use of all or part of our Site, App, or other Software or Services.
SECTION 10 – LINKS
Either FMFTECH or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third-party sites or resources. Furthermore, you acknowledge and agree that FMFTECH shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
SECTION 11 – PROPRIETARY RIGHTS
You do hereby acknowledge and agree that FMFTECH’s Services and any essential software that may be used in connection with our Services (“Software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by FMFTECH or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on FMFTECH Site, App, or other Software or Services (e.g. Content or Software), in whole or part.
FMFTECH hereby grants you a personal, non-transferable and non-exclusive right and/or license to make use of our Site, App, or other Software or Services, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Site, App, or other Software or Services. Furthermore, you do herein agree not to alter or change the Site, App, or other Software or Services in any manner, nature or form, and as such, not to use any modified versions of the Site, App, or other Software or Services, including and without limitation, for the purpose of obtaining unauthorized access to our Site, App, or other Software or Services. Lastly, you also agree not to access or attempt to access our Site, App, or other Software or Services through any means other than through the interface which is provided by FMFTECH for use in accessing our Site, App, or other Software or Services.
SECTION 12 – WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF FMFTECH SITE, APP, OR OTHER SOFTWARE OR SERVICES ARE AT THE SOLE RISK BY YOU. OUR SITE, APP, OR OTHER SOFTWARE OR SERVICES SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. FMFTECH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) FMFTECH AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT
i. FMFTECH SITE, APP, OR OTHER SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS;
ii. FMFTECH SITE, APP, OR OTHER SOFTWARE OR SERVICES SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
iii. THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE FMFTECH SITE, APP, OR OTHER SOFTWARE OR SERVICES WILL BE ACCURATE OR RELIABLE;
iv. QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SITE, APP, OR OTHER SOFTWARE OR SERVICES WILL MEET YOUR EXPECTATIONS; AND
v. THAT ANY SUCH ERRORS CONTAINED IN THE SITE, APP, OR OTHER SOFTWARE OR SERVICES SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF FMFTECH SITE, APP, OR OTHER SOFTWARE OR SERVICES SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM FMFTECH OR BY WAY OF OR FROM OUR SITE, APP, OR OTHER SOFTWARE OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SITE, APP, OR OTHER SOFTWARE OR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
SECTION 13 – LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT FMFTECH AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SITE, APP, OR OTHER SOFTWARE OR SERVICES;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SITE, APP, OR OTHER SOFTWARE OR SERVICES;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SITE, APP, OR OTHER SOFTWARE OR SERVICES.
SECTION 14 – RELEASE
In the event you have a dispute, you agree to release FMFTECH (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
SECTION 15 – NOTICE
FMFTECH may furnish you with notices, including those with regards to any changes to the Terms, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the Terms by accessing our Services in an unauthorized manner. Your acceptance of this Agreement constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Site, App, or other Software or Services in an authorized manner.
SECTION 16 – INTELLECTUAL PROPERTY RIGHTS
You herein acknowledge, understand and agree that all of the FMFTECH trademarks, copyright, trade name, service marks, and other FMFTECH logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of FMFTECH. You herein agree not to display and/or use in any manner the FMFTECH logo or marks without obtaining FMFTECH’s prior written consent.
FMFTECH will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, FMFTECH may disable and/or terminate the accounts of any user who violates our Terms and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
c) A description of the location of the Site, App, or other Software or Services which you allege has been infringing upon your work;
d) Your physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.
The FMFTECH agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
Mailing Address: 12060 County Line Road Suite J, #120 Madison, AL. 35756
SECTION 17 – ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and FMFTECH and shall govern the use of our Site, App, or other Software or Services, superseding any prior version of this Agreement between you and us with respect to FMFTECH Site, App, or other Software or Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other FMFTECH Services, affiliate Services, third-party content or third-party software.
SECTION 18 – CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and FMF Technology L.L.C., a company duly organized and validly existing, located in the State of Alabama, USA with regard to the Agreement that the relationship between the parties shall be governed by the laws of the state of Alabama, USA without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the Agreement, or the relationship between you and FMFTECH , shall be filed within the courts having jurisdiction within the County of Limestone, Alabama, USA or the U.S. District Court located in Alabama. You and FMFTECH agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
SECTION 19 – WAIVER AND SEVERABILITY OF TERMS
At any time, should FMFTECH fail to exercise or enforce any right or provision of the Agreement, such failure shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
SECTION 20 – NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
SECTION 21 – STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the Agreement must be filed within 1 year after said claim or cause of action arose or shall be forever barred.
SECTION 22 – VIOLATIONS
Please report any and all violations of this Agreement to FMFTECH as follows:
Mailing Address: 12060 County Line Road Suite J, #120 Madison, AL. 35756
SECTION 23 – GOVERNMENT REQUESTS
SECTION 24 – FOREIGN ACCESS OF THE SITE, APP, OR OTHER SOFTWARE OR SERVICES
The Site, App, or other Software or Services is controlled, operated and administered by FMFTECH from our offices within the USA. If you access the Site, App, or other Software or Services from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use FMFTECH’s content accessed through the Site, App, or other Software or Services in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
SECTION 25 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site, App, or other Software or Services that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on, or related to the Site, App, or other Software or Services is inaccurate at any time without prior notice.
We undertake no obligation to update, amend or clarify information on, or related to the Site, App, or other Software or Services, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on, or related to the Site, App, or other Software or Services, should be taken to indicate that all information on, or related to the Site, App, or other Software or Services has been modified or updated.