Changes to Online Services
We may, at any time, with or without notice, make changes to the Website’s features or content and/or restrict the use and accessibility of the Website. We are not required to notify you of any changes in the Website’s features or content. In addition, we may suspend or revoke your rights to use the Website based on our belief or suspicion that your use of the online services violates your rights under these Terms of Use.
Your Responsibilities
You agree to be responsible for all statements made and acts or omissions that occur while you are using the Website, including without limitation when your identification name (“User Name”) and password are in use. You agree to be responsible for keeping your User Name and password secure and protecting your User Name and password from unauthorized use and disclosure. If you learn of, or believe there has been, any breach of security of any of your information stored on the Website, such as theft or unauthorized use of your User Name, password or any other information, you will notify us immediately by telephone at 1-877-367-2279. You agree that you have provided, and will continue to provide, to us complete, accurate and current information, including, for example, your name, home address, e-mail address and telephone number. You will notify us within fifteen (15) days of any change in this information. If you do not comply with these requirements, we reserve the right to suspend and/or terminate your right to use the Website.
Intellectual Property Rights
The information available on the Website (including, but not limited to, data, text, images, illustrations, graphics, audio clips, video clips, other files and the selection, arrangement and organization thereof) is owned by FVS Inc, its affiliates, agents and/or their respective providers, and is protected by copyrights, trademarks, services marks and/or other intellectual property rights under the laws of various states, the United States, and foreign jurisdictions. You may use and print a single copy of the information contained herein for your personal, non-commercial use only. You do not have the right to use, display, perform, copy, reproduce, represent, adapt, create derivative works from, distribute, transmit, sell, sublicense or otherwise circulate by any means whatsoever any materials or content available on this Website for any commercial purpose or use, except with the express written consent of FVS Inc, its affiliates and/or their respective agents or providers (as applicable). Transmission or use of any information in violation of these Terms of Use, or any applicable law, rule or regulation, or the rights of any third party is prohibited. This includes, without limitation, copyrighted information, information which is defamatory, threatening, obscene, lewd and indecent, information protected by trademark, trade secret or patent laws, or information that results in an invasion of privacy. You agree you will not use on another website any trademarks, service marks or copyrighted materials appearing on this Website, including, but not limited to, any logos, product names, designs or characters, without the express written consent of the owner of the mark or copyright. You agree, without the prior written consent of FVS Inc, you will not frame or otherwise incorporate into another website any of the information on this Website.
Third Party Software
You may access and use the online services provided by the Website through the Internet using publicly available third party web browsers and/or software from third parties not affiliated with FVS Inc (collectively, “Software”). You agree to be responsible for the installation, maintenance and operation of this Software and acknowledge that we are not responsible for your use of the Software or its performance. When using the Software, you agree to comply with any license terms that may be provided with the Software. FVS Inc is not responsible for any use of the Software by you in violation of (i) the license terms provided with the Software, (ii) any patent, trademark, copyright, trade secret or other property rights of any third party, or (iii) any export and customs laws and regulations of the United States relating to the Software.
Hyperlinks
FVS Inc may include on the Website links which provide access to another website or information on another company, organization or person other than FVS Inc. You agree that we are not responsible or liable for any information, content or other links found at any such sites. These sites are not under the control of FVS Inc and FVS Inc accepts no liability for any direct or indirect damages that may result from your visit to the third party websites. We provide such links only as a convenience to you and do not endorse such sites or their content in any way. In addition, third parties not affiliated with FVS Inc may provide links to this Website. You agree that any such links do not imply our cooperation with such third parties or our endorsement or sponsorship of the contents of any such third party websites.
Indemnification
You agree to indemnify and hold FVS Inc, its affiliates and their respective employees, officers, directors, agents and providers harmless from any and all claims, losses, expenses and damages, including reasonable attorneys’ fees, imposed on, incurred by or asserted as a result of or relating to (i) any violation of these Terms of Use by you, (ii) your authorized receipt or use of information or services provided through the Website, and/or (iii) any third party actions related to your receipt and use of information or services available through the Website, whether authorized or unauthorized under these Terms of Use.
Disclaimer of Warranty
You acknowledge that there may be delays, omissions or inaccuracies in the online services and the information and services available through the Website. You agree that your use of the Website is at your sole risk. FVS Inc, its affiliates, directors, officers, employees, agents or providers do not represent or warrant that the online services at the Website will be uninterrupted or error free. THE ONLINE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF INFORMATION ACCESS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. In the event a jurisdiction does not allow the exclusion of implied warranties, the above exclusions do not apply to such jurisdiction.
Exclusion of Damages
FVS INC, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, PROVIDERS OR THE THIRD PARTIES MENTIONED ON THE WEBSITE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THIS WEBSITE OR INFORMATION OBTAINED FROM THIS WEBSITE, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, WHETHER BASED ON CONTRACTUAL LIABILITY, TORT, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING. In the event a jurisdiction does not allow the exclusion of these damages, the above exclusions do not apply to such jurisdiction.
Termination
Your use of the online services at the Website will continue until terminated by us or until you notify us by telephone or regular mail of your decision to terminate the services. FVS Inc may, in its sole discretion and without any liability or prior notice to you, discontinue or change the online services or suspend your access to all or any part of the services for any reason.
Governing Law
These Terms of Use and the rights and obligations hereunder shall be governed by the laws of the United States of America and the State of Washington, as if this agreement was a contract wholly entered into and wholly performed within the State of Washington, without regard to conflict of laws principles.