By accessing, browsing or using the website and/or the services, You acknowledge that:
If You are not willing to be or cannot be bound by all of the terms and conditions of this agreement, including without limitation the acknowledgement set forth in paragraphs 1-4 above, then do not browse or use the website. Moreover, FCI Exchange does not and will not grant You any right or license to access, browse or use the website or the services without your willingness and ability to be bound by all of the terms and conditions of this agreement, including without limitation the preceding acknowledgement.
You agree by accessing, browsing or otherwise using the Website, the Website and the Content are and remain the sole property of FCI Exchange or third-party providers, as applicable. Except as expressly permitted by FCI Exchange in writing, You agree that Your license to access, browse and/or use the Website and the Content is limited solely to a personal, revocable, nonexclusive, non-transferable license to (i) access and view the Website and the Content, and (ii) copy, download and store the Content (e.g., in a temporary cache) to enable printing and/or offline viewing of such Content solely for Your non-commercial use and not for resale or distribution to anyone else. You also agree that, with respect to any copy of the Content that You download, create, generate, store and/or print, You will reproduce and include all copyright and other proprietary notices included in such Content.
You acknowledge and agree that by submitting documents, including, but not limited to, notes, mortgages, deeds of trust and other mortgage documents, comments, remarks, suggestions, ideas, graphics, feedback, edits, concepts, comments, photographs, illustrations and other materials (other than information given in connection with Your registration) to FCI Exchange through the Website (individually and collectively, “Submissions”), You (i) grant FCI Exchange a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter created without attribution; (ii) grant FCI Exchange the right to pursue at law any person or entity that violates Your and/or FCI Exchange’s rights in Your Submissions; and (iii) forever waive any and all of Your rights, including but not limited to moral rights, if any, in and to Your Submissions, including, without limitation, any all rights or requirements of attribution or identification of You as the author of the Submission or any derivative thereof. You further acknowledge and agree that Your Submissions are non-confidential and do not contain proprietary information.
With respect to Your Submissions, You acknowledge, warrant and agree that:
Your Submissions will be true and accurate, and other than with respect to notes, mortgages, deeds of trust and other mortgage documents, are the original work of Your authorship and that You are not employed or otherwise being compensated by the provider of the products or services (if any) that Your Submissions relate to.
You are not impersonating any other person when making a Submission;
You have the right to make Your Submissions without violating the copyright, trademark, patent or other intellectual property rights of any person or entity, and the Submissions will not contain any content, personally identifiable information or other information, or materials of any kind that relates or refers to any other person or entity other than the provider of the products, goods or services to which Your Submission relates; and
Your Submissions will not violate any law, or in any manner infringe or interfere with the rights of others, including but not limited to the use of names, information, or materials that (a) libel, defame, or invade the privacy of any third party, (b) are obscene or pornographic, (c) are harmful, threatening, offensive, abusive, harassing, vulgar, false or inaccurate, racially, sexually, ethnically or are otherwise objectionable or otherwise contrary to the laws of any place where such Submissions may be accessed; (d) constitute personal attacks on other individuals; (e) infringe the intellectual property, trade secret or proprietary rights of any third party; (f) promote criminal or other illegal activity; (g) promote or advertise any person, product or service or solicit funds; or (f) are deemed confidential by any contract or policy.
If notified of an allegation that the Website contains infringing information, materials or other content, FCI Exchange may investigate the allegation and determine in its sole discretion whether to remove or request the removal of the same from the Website. Notices to FCI Exchange regarding any alleged infringement should be sent to FCI Exchange at email@example.com.
“FCI Exchange” is a trademark owned by FCI Exchange. All other trademarks, service marks, domain names, logos, and company names (collectively “Other Trademarks”) displayed or referred to on the Website are trademarks, registered trademarks, service marks, domain names, logos, company names of or are otherwise the property of FCI Exchange or their respective owners.
USE OF THE WEBSITE
Without limiting anything else contained in this Agreement, You agree and acknowledge that:
Use the Content, Submissions, Databases, Services and any other information contained therein to establish independent data files or otherwise amass statistical information thereof or therefrom;
Use the Content, Submissions, Databases, Services and any other information contained therein in violation of any applicable laws or regulations,
Publish or distribute in any medium Content, Submissions, Databases and any other information contained therein, and/or summaries or subsets thereof to any person or entity;
Access or attempt to access any other user’s account;
Obtain or ascertain or attempt to obtain or ascertain any other user’s user name, password and/or personal information by any means whatsoever;
Elude or attempt to elude the Website’ security systems;
Attempt to gain access or gain access to the Website in a fraudulent manner;
Use the Website for any purposes other than those intended by FCI Exchange, as determined by FCI Exchange in its sole discretion; or
Upload or submit any data or information containing viruses or any computer code, corrupt files or programs engineered or intended to disrupt or destroy the functionality of any software, hardware, telecommunications, networks, servers, or other equipment.
You specifically acknowledge and agree that any and all misappropriation or misuse of the Content, Submissions, Databases, Services and any other information contained therein will cause irreparable harm to FCI Exchange and that in such event money damages will not constitute sufficient compensation to FCI Exchange; consequently, in the event that You, directly or indirectly, misappropriate or misuse the Content, Submissions and any other information contained therein, You specifically consent to FCI Exchange obtaining injunctive relief against You in addition to any other legal or financial remedies to which FCI Exchange may be entitled.
NOTICE OF ENFORCEMENT
FCI Exchange vigorously enforces its intellectual property rights to the fullest extent of the law. Accordingly, FCI Exchange will prosecute any unauthorized use or reproduction of any of the Content, Submissions and any other information contained therein that violate the protection afforded by the United States and international copyright law and trademark law, and/or other state, federal, and international laws and regulations, including laws pertaining to contracts, and privacy and publicity.
REGISTRATION AND ACCOUNT CREATION
FCI Exchange requires that You register and/or set up an account to use certain portions of the Website and to use the Services and certain features of the Website. In order to do so, You may be provided, or required to choose and/or provide a password, user ID, and/or other registration information (collectively, "Registration Information"). You agree and represent that all Registration Information provided by You is accurate and up-to-date. If any of Your Registration Information changes, You must update it by editing Your Registration Information on the Website.
USE OF USER ID/PASSWORD
If You register and/or set up an account on the Website, You will be solely responsible for maintaining the confidentiality of Your Registration Information. You may not authorize others to use the Website, and You are responsible for all use by You and those You allow to use the Website. You may not sub-license, transfer, sell or assign Your Registration Information and/or this Agreement to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement.
You are solely responsible for all usage or activity on Your account including, but not limited to, use of the account by any person who uses Your Registration Information, with or without authorization.
There may be circumstances where access to the Website is provided by a hypertext link located at another website. FCI Exchange has no responsibility for the content of such other website, FCI Exchange does not make any representations or give any warranties or conditions with respect to any information contained in or at such other website and You acknowledge and agree that FCI Exchange shall not be liable for any damages or injury resulting or arising from the content of or access to such other website. FCI Exchange does not endorse the individuals, companies or other similar entities, or any products or materials associated with such individuals, companies or other similar entities, which provide a link to the Website. Unless approved in writing in advance by FCI Exchange, You agree not to: (i) provide or create a link to the Website; or (ii) create any frames at any other sites pertaining to any of the Content located at the Website. You also agree not to post any materials at the Website without the express written permission of FCI Exchange.
We have extensive security measures in place to protect the loss, misuse and alteration of the information stored in our database. We will exercise reasonable care in providing secure transmission of information between Your computer and our servers, but given that no information transmitted over the Internet can be guaranteed 100% secure, we cannot ensure or warrant the security of any information transmitted to us over the Internet and hence accept no liability for any unintentional disclosure.
NO WARRANTIES; EXCLUSION OF LIABILITY
THE INFORMATION AND CONTENT ON THE WEBSITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THE INFORMATION AND CONTENT MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.
THE WEBSITE IS OPERATED BY FCI EXCHANGE, LLC ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, FCI EXCHANGE, LLC, ITS RESPECTIVE AFFILIATES AND SUBSIDIARIES (COLLECTIVELY, THE "FCI EXCHANGE BUSINESSES") MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON THE WEBSITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE FCI EXCHANGE BUSINESSES AND ALL THIRD PARTY CONTENT PROVIDERS OR LICENSORS SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. NEITHER THE FCI EXCHANGE BUSINESSES NOR ANY THIRD PARTY CONTENT PROVIDERS OR LICENSORS SHALL HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THE WEBSITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THE WEBSITE. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER THE FCI EXCHANGE BUSINESSES, THEIR AGENTS OR THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, THE MATERIALS IN THE WEBSITE, THE DELAY OR INABILITY TO USE THE WEBSITE OR OTHERWISE ARISING IN CONNECTION WITH THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
THIS DISCLAIMER OF LIABILITY APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER THE FCI EXCHANGE BUSINESSES NOR ANY OF THEIR AFFILIATES ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. WITHOUT LIMITING THE FOREGOING, THE FCI EXCHANGE BUSINESSES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
THE FCI EXCHANGE BUSINESSES MAKE NO REPRESENTATION THAT CONTENT PROVIDED ON THE WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.
FCI EXCHANGE’S PERFORMANCE OF THIS AGREEMENT IS SUBJECT TO EXISTING LAWS AND LEGAL PROCESS, AND NOTHING CONTAINED IN THIS AGREEMENT IS IN DEROGATION OF FCI EXCHANGE’S RIGHT TO COMPLY WITH LAW ENFORCEMENT REQUESTS OR REQUIREMENTS RELATING TO YOUR USE OF THE WEBSITE OR INFORMATION PROVIDED TO OR GATHERED BY FCI EXCHANGE WITH RESPECT TO SUCH USE.
CORRECTION OF ERRORS AND INACCURACIES
The information on the Website may contain typographical errors or inaccuracies and may not be complete or current. FCI Exchange therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. Please note that if the Website offers products or services for sale, such errors, inaccuracies or omissions may relate to product description, pricing and availability.
CONTACTING US/FEEDBACK, POSTINGS AND COMMUNICATIONS
Although FCI Exchange will in most circumstances be able to receive Your email or other information provided through the Website (including, without limitation, service requests and other submissions), FCI Exchange does not guarantee that it will receive all such email or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such email or other information. Be aware that Internet email typically is not secure.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS FCI EXCHANGE AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONTENT PROVIDERS, CUSTOMERS AND SUPPLIERS FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, DAMAGES, INJURIES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND LITIGATION EXPENSES), RELATING TO OR ARISING FROM:
YOUR USE OF THE WEBSITE AND ANY OF THE CONTENT, OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THE WEBSITE;
ANY SUBMISSION YOU MAKE OR POST ON THE WEBSITE; AND
ANY OTHER ACTIVITY BY YOU ON OR IN CONNECTION WITH THE WEBSITE (INCLUDING, WITHOUT LIMITATION, INFRINGEMENT OF THIRD PARTIES’ INTELLECTUAL PROPERTY RIGHTS OR ANY OTHER NEGLIGENT, ILLEGAL OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SITE USING YOUR WEBSITE ACCOUNT.
RELEASE FOR FORCE MAJEURE
You absolve and release FCI Exchange and its officers, directors, shareholders, employees, agents, content providers, customers and suppliers from any claim of harm resulting from any cause(s) over which FCI Exchange or they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
TERM AND TERMINATION
Any notice or other document or communication required or permitted hereunder to FCI Exchange will be deemed to have been duly given only if in writing and delivered by email sent to firstname.lastname@example.org.
Notices to FCI Exchange shall be deemed delivered when actually received by FCI Exchange.
Any notice or other document or communication from FCI Exchange required or permitted hereunder will be sent to the e-mail address that You provide when You register with the Website. Such notice will be deemed received by You the business day after the e-mail is sent.
Should You elect to send or receive e-mail communications of any kind to or from FCI Exchange, You represent and warrant to FCI Exchange that Your e-mail service has appropriate and adequate security systems necessary to prevent unauthorized access to outbound or inbound e-mail transmissions.
JURISDICTION; COMPLIANCE WITH LAWS
Except as set forth otherwise herein, FCI Exchange controls and operates the Website from the United States of America and makes no representation that the Content and Services are appropriate or available for use in other locations. You are responsible for compliance with applicable local laws including, without limitation, all export and import laws. Some of the Content may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported: (i) into (or to a national or resident of) any country to which the U.S. has placed an embargo; (ii) to anyone in the US Treasury Department’s Specially Designated national list, or (iii) to anyone on the US Commerce Department’s Table of Denial Orders. If You download or use the Content, You represent and warrant that You are not located in, or under the control of, or a national or resident of any such country or on any such list.
ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR USE OF THE WEBSITE SITE SHALL BE INSTITUTED ONLY IN A STATE OR FEDERAL COURT LOCATED IN ORANGE COUNTY CALIFORNIA. YOU AGREE TO SUBMIT TO THE JURISDICTION OF, AND AGREE THAT VENUE IS PROPER IN THESE COURTS IN ANY SUCH LEGAL ACTION OR PROCEEDING.
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by mutual agreement of the parties; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. All arbitrations held pursuant to this Agreement shall take place in Orange County, California.
CONTINUED USE DEEMED ACCEPTANCE
FCI Exchange February 2017