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Terms of Use & Privacy Policy

Legal

I. Terms of Use

By using this website and service (hereinafter referred as the “website”, “service” or “services”) you represent and warrant that you have read, acknowledge and agree to be bound by the terms and conditions of as detailed herein. You further represent and agree that: (i) you have the power and authority to enter into this agreement; (ii) you are at least eighteen (18) years old; (iii) you will comply with all US law regarding the transmission of any data obtained from the Service in accordance with the terms and conditions of service, (iv) you will not use the Service for illegal purposes, and (v) you will not interfere or disrupt networks connected to the Service. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS WEBSITE AND SERVICE.

1. Changes. Please check these terms of use frequently, as we may occasionally unilaterally change the terms of use by revising the language contained on this page. The most current terms of use will always be available for you on this page. Amendments to the terms of use are effective at the time they are posted on this page, and your continued use of this website will constitute your acceptance of such amendments.

2. Right to Use. We reserve the right to modify or discontinue any component of this website or any of these terms of use. We expressly reserve the right to terminate your right to use this website.

3. User Accounts. You are responsible to safeguard your account information and agree to hold the provider of services harmless from any claims resulting from the improper use of your account information.

4. Copyright. All content included on this site, including software, graphics, and logos is the property of FPI Management, Inc. and/or our customers for whom we provide services (collectively “Service Providers”) and is protected by applicable copyright laws.

5. Trademarks. Any marks indicated on this site are registered trademarks of SERVICE PROVIDERS, or their subsidiaries, in the United States. These trademarks may not be used in connection with any product or service that are not SERVICE PROVIDERS’, in any manner that is likely to cause confusion among customers, or in any manner that discredits or disparages SERVICE PROVIDERS.

6. License. SERVICE PROVIDERS grant to you a limited license to access this website and not to download or modify any portion of it, except with the prior express written consent of SERVICE PROVIDERS. This license does not induce any resale or commercial use of this website or its contents. No portion of this website may be reproduced, resold, linked or otherwise exploited for any commercial purpose without the express written consent of SERVICE PROVIDERS. Any unauthorized use terminates this license.

7. Indemnification. You agree, at your own expense, to indemnify, defend and hold harmless SERVICE PROVIDERS and related parties, against any claim, suit, action or other proceeding brought against SERVICE PROVIDERS and related parties, by a third party, to the extent that such claim, suit, action or other proceeding brought against SERVICE PROVIDERS and related parties is based on or arises in connection with the Service, or any links on the Service, including, but not limited to: (i) your use or someone using your computer for use of the Service; (ii) your use or someone using your account, where applicable; (iii) a violation of the terms and conditions of service by you or anyone using your computer (or account, where applicable); (iv) a claim that any use of the Service by you or someone using your computer (or account, where applicable) infringes any intellectual property right of any third party, or any right of personality or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; (v) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Service by you or someone using your computer (or account, where applicable); (vi) any misrepresentation, including false or inaccurate Information, or breach of representation or warranty made by you contained herein; or (vii) any breach of any covenant or agreement to be performed by you under these terms and conditions of service. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.

8. Disclaimer of Warranties. This website and any content on the website are made available on an “as is” and “as available” basis. SERVICE PROVIDERS do not warrant that the website or any content or service provided in connection with the website will be timely, error-free, uninterrupted, secure, or that defects will be corrected. SERVICE PROVIDERS will not be responsible for any errors, omissions, interruptions, defects, deletions or delays in the operation or transmission of the website or any services or content, or for computer viruses associated with the operation of the website. SERVICE PROVIDERS make no warranty regarding any information made available through the website. SERVICE PROVIDERS MAKE NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. No employee, representative, agent of SERVICE PROVIDERS or third party is authorized to make any warranty not expressly made herein. SERVICE PROVIDERS make no warranty as to the amount of time before your SERVICE PROVIDER’S account is credited with a payment made on this website.

9. Limitation of Liability. Neither SERVICE PROVIDERS, nor their subsidiaries, affiliates, officers, directors, employees, suppliers, successors or assigns will be liable to you or to any third party for any indirect, consequential, incidental, exemplary, special or punitive damages (including without limitation damages resulting from lost profits, lost revenue, last data, or substitute costs) arising out of or in connection with this website or the services available on or through this website, regardless of whether such parties have been made aware of the possibility of such damages. CERTAIN STATE LAWS DO NOT ALLOW FOR THE LIMITATION OF IMPLIED WARRANTIES OR FOR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY IN YOUR STATE OF RESIDENCE, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS HEREIN MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

10. Miscellaneous. SERVICE PROVIDERS operate this website out of headquarters in Folsom, California. If you use this website from other locations you are responsible for compliance with all applicable local laws and regulations. If any provision of the terms and conditions of service, or the application thereof, is found invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect as the original provision and the remainder of this agreement will remain in full force. These terms of use will be governed by the substantive laws of the State of California, regardless of where you reside or transact business with SERVICE PROVIDERS. Use of this website will be deemed to take place solely in California. You agree that the district court located in Folsom, California will have the exclusive jurisdiction over any and all disputes arising out of or relating to these terms of use of our use of this website and that you will submit to the jurisdiction of such court. The prevailing party in any dispute will be entitled to reasonable attorney’s fees and costs.