FM Systems, Inc.                                          

Plainview NY - 11803 - 516.931.4391 - e-mail sales1@fm-systems.com

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TERMS AND CONDITIONS OF USE

 

1. General

These General Terms and Conditions of Use ("Terms") are entered into by and between you and FM Systems, Inc. In consideration of your use of and access to this Internet site (FM-Systems.com), and the promise and obligations herein, and intending to be legally bound, you and FM Systems, Inc. hereby agree as follows:

 

Your access to and use of the FM-Systems.com Site is subject to these Terms, as well as any modifications issued by FM Systems, Inc. to these Terms, and all applicable laws and regulations. BY USING THE FM-Systems.com SITE, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS. If you do not want to be bound by these Terms, do not use the FM-Systems.com Site or serivces or due business with FM Systems, Inc.

 

Among other things, the FM-Systems.com Site provides information concerning various products and the opportunity to obtain additional information concerning those products or to purchase them. These Terms and the information provided in the FM-Systems.com Site in no way override the terms and conditions of your purchase of any products except as specifically provided herein. To the extent any are within FM-Systems.com Site contains specific terms and conditions concerning its use ("Specific Terms"), those Specific Terms are in addition to these Terms. To the extent there is a direct conflict between these Terms and the Specific Terms, the Specific Terms shall prevail.

 

2. Purchases Related Policies

 

We attempt to be as accurate as possible when describing our products on the Website; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors or other content available on the Website is accurate, reliable, current, or error-free.

 

3. Intellectual Property

 

All content available on FM-Systems.com Site including, but not limited to, text, graphics, logos, buttons, icons, images, audio clips, data compilations, and software, and the compilation thereof (the "Content") is the property of FM Systems, Inc., our affiliates, our partners or our licensors, and is protected by United States and International copyright law.

 

The trademarks, logos, and service marks displayed on the website (collectively, the "Trademarks") are the registered and unregistered marks of FM Systems, Inc., our affiliates, our licensors or our partners, in the United States and other countries, and are protected by United States and International trademark laws. All other Trademarks are not owned by us, our affiliates, our partners or our licensors that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

 

Except as set forth in the limited license in Section 4 below, or as required under applicable law, neither the Content, the Trademarks, nor any other portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.

 

4. Limited License

 

We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Website. Please note that you may not frame or utilize framing techniques to enclose the FM-Systems.com Site or any portion thereof without our prior written consent.

 

The limited license set forth in the this Section 5 does not include the right to: (1) modify or download the Website or its contents (except caching or as necessary to view content); (2) make any use of the FM-Systems.com Site or its Content other than personal use; (3) create any derivative work based upon either the FM-Systems.com Site or its Content; (4) collect account information for the benefit of another party; (5) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or to take any other action that may impose an unreasonable burden or load on our infrastructure. (6) use any meta tags or any other "hidden test" utilizing our name or the Trademarks without our express written consent.

 

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the FM-Systems.com Site for personal, non-commercial use only. A website that links to our FM-Systems.com Site (1) may link to, but not replicate, our content; (2) may not imply that we are endorsing such site or its services or products; (3) may not portray us or our products, in a false, misleading, derogatory or otherwise offensive or objectionable manner, or associate us with undesirable products, opinions, or services; (4) may not misrepresent its relationship with us; (5) may not contain content appropriate for all ages; (6) may not link to any page of the FM-Systems.com Site other than the home page. We may, in our sole discretion, request that you remove any link to the FM-Systems.com Site, and upon receipt of such request, you shall immediately remove such link.; (7) may not use any Trademark without express written permission; (8) Any unauthorized use by you to the FM-Systems.com Ste terminates the limited license set forth in the Section 5 without prejudice to any other remedy provided by applicable law.

 

5. Changes in Terms.

 

FM Systems, Inc. shall have the right to any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the FM-Systems.com Site. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on the FM-Systems.com Site. You are responsible for reviewing the FM-Systems.com Site periodically for any modification to this agreement that may effect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modifications by FM Systems, Inc. to these terms. ANY ACCESS OR USE OF THE FM-Systems.com SITE BY YOU AFTER NOTICE OR REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification of these Terms by any party other than FM Systems, Inc. shall be valid or enforceable against FM Systems, Inc. unless expressly agreed to by FM Systems, Inc. in a writing signed by a duty authorized officer of FM Systems, Inc..

 

6. Indemnification.

 

You agree to defend, indemnify, and hold harmless FM Systems, Inc., our partners, FM Systems, Inc. vendors, licensor, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys' fees and court costs), arising out of or relating to your breach of the Terms or your access to or use the FM-Systems.com Site, The foregoing indemnification obligation shall survive termination of these Terms and the FM-Systems.com Site and any products or services provided to you arising out of or relating to your use of the FM-Systems.com Site.

 

7. Submissions

 

We welcome inquiries or feedback on the products you use or might like to purchase, however it is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regards to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, "Submissions") will be treated as non-proprietary and non-confidential. Subject to the terms of our private policy, by transmitting or posting any submission, you hereby grant us a nonexclusive, royalty free, perpetual, transferable, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.

 

If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us to the origin of any Submission. You agree to indemnify us for all claims arising from your claims to any rights in any Submission.

 

8. Third Party Links

 

Links to other internet sites operated by third parties, including FM Systems, Inc. vendors, do not constitute sponsorship, endorsement, or approval by FM Systems, Inc. of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by FM Systems, Inc. and FM Systems, Inc. is nor responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.

 

9. Termination

 

These Terms are effective until terminated by FM Systems, Inc.. FM Systems, Inc. may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access the FM-Systems.com Site, and the restrictions imposed on you with respect to the Content, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination. FM Systems, Inc. shall also have the right without notice and at any time to terminate the FM-Systems.com Site or any portion thereof, or any products or services offered through the FM-Systems.com Site, or to terminate any individual's right to access or use the FM-Systems.com Site or any portion thereof.

 

10. Representations and Warranties; Limitation of Liability

 

THE FM-Systems.com SITE IS PRESENTED "AS IS". WE MAKE NO PRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE FM-Systems.com SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.

 

YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCE, FOR ANY (i) INTERRUPTION OF BUSINESS; (ii) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE FM-Systems.com SITE; (iii) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (iv) LOSS OR DAMAGES OF ANY SORT INCURRED AS RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE FM-Systems.com SITE; (v) COMPUTER VIRUSES, SYSTEM FAILURE OR MALFUNCTION WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE FM-Systems.com SITE, INCLUDING HYPERLINK TO OR FROM THIRD PARTY SITES; OR (vi) EVENTS BEYOND OUR REASONABLE CONTROL.

 

FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY LAW WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE FM-Systems.com SITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED TEN DOLLARS ($10.00).

 11. Disclaimers and Limitation of Liability as to Products and Services.

12. Past due funds to FM Systems are subject to a $250.00 charge and collection fees as deemed due by FM Systems, Inc.    

 

ALL PRODUCTS AND SERVICES SOLD BY FM-Systems.com ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS, INCLUDING BUT NOT LIMITED TO YEAR 2000 COMPLIANCE. ACCORDINGLY, FM-Systems.com MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR SERVICES SOLD. EXCEPT AS EXPRESSLY STATED HEREIN, FM-Systems.com EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS AND SERVICES SOLD ON THE FM-Systems.com SITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 

 

Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusion may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

 

 

 

 

 

 


Pages by FM Systems, Inc. | Plainview, NY 11803-4828 | 516.931.4391

 

R05202006