TERMS AND CONDITIONS OF USE
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.
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.
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
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
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
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..
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.
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 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.
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.
and Warranties; Limitation of Liability
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).
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
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