As a condition to using this website (the “Website”), you must agree to comply with and be bound by this Terms of Use agreement (the “Agreement”). After reviewing the following terms and conditions thoroughly, if you do not agree with any of these terms and conditions, you may not use the Website. If you violate the Agreement, we reserve the right to deny you access to the Website, together with any and all other legal remedies.
The terms and provisions of our Privacy Policy are part of this Agreement and are fully incorporated herein by reference. If you have not already done so, please also review the full text of our Privacy Policy.
LICENSE
We hereby grant you a limited, revocable, non-exclusive, non-transferable license to access the Website solely for viewing, browsing and/or retrieving information solely for your personal, non-commercial purposes, subject to the terms and provisions of this Agreement or applicable law, including our intellectual property and other proprietary rights, or the intellectual property rights of another party. We reserve the right to terminate or limit your access to the Website and/or the licenses granted herein for any reason or no reason and in our sole discretion.
We reserve the right to, at any time, temporarily or permanently, modify or discontinue any features associated with the Website with or without notice and for any reason, including performing maintenance, repairs or upgrades. We will endeavor to provide notice before any scheduled upgrades. We (and our licensors) remain the sole owner of all rights, title, and interest in the Website and any and all related content and services. We will not be liable if for any reason all or any part of the Website or its services are unavailable at any time or for any period.
INTELLECTUAL PROPERTY
All content, features, and functionality available through the Website, including but not limited to design, artwork, hyperlinks, text, videos, calendars, software, images, technical drawings, blog posts, podcasts, audio, images, art, code, configurations, graphics, other files, and their selection and arrangement ("Content") are either the proprietary property of us, our affiliates, and/or licensors and are protected by United States and international intellectual property and proprietary rights laws. We reserve any and all rights to the Content. The Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means in whole or in part without our prior written permission except you may download and print Content for non-commercial purposes that are not competitive with or derogatory to us, provided that you keep all copyright or other proprietary notices intact, do not alter the Content, and do not further reproduce, publish or distribute the Content. Please note that this limited consent may be revoked at any time by us and does not include consent to republish Content on the Internet, or any Intranet or Extranet site, or to incorporate the Content in any data base or other compilation. Any other use of the Content is strictly prohibited. You further agree that you will not systematically extract, collect or harvest through electronic means or otherwise, any data or data fields from our Website, including but not limited to customer identities or information.
All registered and unregistered trademarks visible or accessible through our Website are our trademarks, or the trademarks of our licensors and may not be copied, imitated, or used in whole or in part without our prior written permission. All page headers, customer graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of ours or our affiliates or licensors and may not be copied, imitated, or used in whole or in part without our prior written permission.
INDEMNIFICATION
To the fullest extent permitted by law, and except to the extent arising from our gross negligence or intentional misconduct, you agree to indemnify, defend, and hold harmless us, and our employees, contractors, licensors, service providers, affiliates, subcontractors, suppliers, and representatives, from any claim or demand, including reasonable attorneys' fees made by any third party due to or arising out of your breach of this Agreement or the documents they incorporate by reference, or your violation of any law or rights of a third party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with us in asserting any available defenses. You shall not settle any actions or claims on our behalf without our prior written consent.
If you are a California resident or resident of a state with a similar applicable law, you hereby expressly waive California Civil Code section 1542 in connection with the foregoing (or such other similar applicable law in your state), which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
EXTERNAL LINKS
All rules, terms and conditions, other policies (including privacy policies) and operating procedures of third-party linked websites will apply to you while on such websites. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on our website does not imply approval or endorsement of the linked website or its content by us. This website and the third-party linked websites are independent entities and neither party has authority to make any representations or commitments on behalf of the other. If you decide to leave our Website and access these third-party linked websites, you do so at your own risk.
CHILDREN
The Website is intended only for users over the age of eighteen (18). We do not target minors, who are under thirteen (13) (or a higher age threshold where applicable). You agree that you are not under thirteen (13) years of age. We do not intend to collect or process any information from anyone under the age of thirteen (13). If we become aware that a user is under thirteen (13) (or a higher age threshold where applicable) and has provided us with information, we will take steps to comply with any applicable legal requirement to remove such information. Please contact us at support@fanthem.io if you believe that we have mistakenly or unintentionally collected information from a person under the age of thirteen (13).
CONTENT SUBMISSION AND REMOVAL
To the extent you are allowed to submit information, we will use your information consistent with the terms of this Agreement and our Privacy Policy. We reserve the right to remove, screen, edit, or reinstate your information (as defined in the Privacy Policy) from time to time at our sole discretion for any reason or no reason, and without notice to you. You shall be solely responsible for your information and the consequences of submitting and publishing your information on our Website. You affirm, represent, and warrant that you own, or have the necessary licenses, rights, consents, and permissions to publish any information that you submit; and you license to us all patent, trademark, trade secret, copyright or other proprietary rights in and to your information for publication on the Website pursuant to this Agreement.
You further agree that your Information will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant us all of the license rights granted herein. We do not permit copyright infringing activities and infringement of intellectual property rights on the Website, and we will remove content if properly notified that such content infringes on another's intellectual property rights. We reserve the right to remove content without prior notice subject to the applicable laws.
We will use reasonable efforts to investigate notices of alleged infringement. If we, in our sole discretion, reasonably believe an infringement has taken place, and consistent with applicable laws, will take appropriate action, which may include removing or disabling access to the content claimed to be infringing and/or terminating accounts and access to the Website.
ARBITRATION AND CLASS ACTION WAIVER
Any controversy, claim or dispute arising out of or relating to this Agreement, the Privacy Policy, or the use of the Website, shall be submitted to confidential and binding arbitration in Dover, Delaware. Such arbitration shall be conducted in accordance with the then prevailing arbitration rules of the American Arbitration Association. All arbitration decisions shall be final, binding and conclusive on all the parties to arbitration, and legal judgment may be entered based upon such decision in accordance with applicable law in any court of competent jurisdiction. Notwithstanding the foregoing, to the extent that there has been a violation, or threatened violation, of our intellectual property rights or those of our affiliates, partners, vendors and/or software licensors, we may seek injunctive relief, or any other appropriate relief, in any court of competent jurisdiction and you hereby consent to the exclusive jurisdiction and venue in such court(s).
YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT.
YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AS DESCRIBED ABOVE AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
If for any reason a claim proceeds in court rather than in arbitration, we each hereby waive any right to a jury trial.
SEVERABILITY
To the extent that any provision of this Agreement is deemed to be unlawful, void, or unenforceable, including the binding arbitration and class action waiver, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from the Agreement. Such determination shall not affect the validity and enforceability of any other remaining provisions.
DISCLAIMER
THE CONTENT, SERVICES AND PRODUCTS LISTED THROUGHOUT THE WEBSITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEBSITE, THE CONTENT, SERVICES AND PRODUCTS ON THIS WEBSITE, AND ANY WEBSITE WITH WHICH THIS WEBSITE IS LINKED. THE CONTENT, PRODUCTS AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM YOUR USE OF OR THE INABILITY TO USE THE WEBSITE. WE HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY CONTENT, PRODUCT OR SERVICE AVAILABLE ON THE WEBSITE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF MONEY, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU AS THE USER. THIS WEBSITE AND THE CONTENT, PRODUCTS AND SERVICES ON THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. THE CONTENT, PRODUCTS AND SERVICES, AND ALL OTHER MATERIALS ON THE SITE, ARE PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY AND DO NOT CONSTITUTE PROFESSIONAL ADVICE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION AVAILABLE ON THIS WEBSITE OR ANY WEBSITE WITH WHICH IT IS LINKED.
GOVERNING LAW
You agree that the laws of the State of Delaware, without regard for any conflict of law rules, shall govern all matters pertaining to this Agreement, our Privacy Policy, and/or your use of the Website, whether arising directly or indirectly, and including, but not limited to, the validity, construction, interpretation and performance hereof. You are expressly submitting and consenting in advance to such jurisdiction and are waiving any claim that it is an inconvenient forum or an improper forum based on lack of venue.
ACCEPTANCE OF AGREEMENT
This Agreement and our Privacy Policy constitute the entire agreement between us and you, and they supersede all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Website, the content, any products or services provided by or listed on the Website, and the subject matter of this Agreement and the Privacy Policy.
CHANGES TO THIS AGREEMENT
We reserve the right to change, modify, or amend this Agreement at any time to reflect changes in our practices and service offerings. If we modify the Agreement, such changes will be effective upon posting. It is your obligation to check our current Agreement for any changes. The Agreement may only be modified in writing. Any ambiguities in the interpretation will not be construed against the drafter.
CONTACT
If you need any assistance or have any questions regarding this Agreement, please contact us at support@fanthem.io.
