In order to access certain information available on the F&W Website, User must register with F&W, which will entail disclosure and transmission of certain information regarding User. If a User registers with F&W, certain personal information regarding the User may be collected such as the User’s name, address, telephone number, mailing address, email address, and certain other personal and demographic information. F&W’s Website may also collect non-identifiable information regarding Users that becomes available to F&W as a result of a User’s visits to the F&W Website. This information may include, for example, a User’s IP address, or the identity of a User’s Internet Service Provider (“ISP”). Other information collected by the F&W Website may be data regarding User’s web browser, the type of operating system utilized, the domain name of the Website which links a User to the F&W Website, the pages visited by a User, and the average time spent on the F&W Website by a User. F&W may also collect email addresses of those who send email messages.
B. USE AND DISCLOSURE OF REGISTERED USER’S INFORMATION
The information which F&W learns from Registered Users helps F&W personalize and improve the F&W Website. F&W may use such User’s information for the following purposes:
(a) establishment and maintenance of a relationship with the User, including communicating from time to time with the User about F&W; (b) responding to User requests or inquiries; (c) meeting legal, regulatory, insurance, security and processing requirements; and (d) otherwise with User’s consent.
The F&W Website may contain links to other sites. F&W’s privacy practices may differ from those of other sites. User should assure that User is educated on the policies of any sites before providing personal information.
E. WEBSITE SECURITY
User’s account information is password-protected for User’s privacy and security. While F&W strives to ensure the integrity and security of F&W’s Website, F&W cannot guarantee that its security measures will prevent third parties from intercepting this information. User should not assume or expect that any communications that User transmits to F&W is confidential. F&W strongly recommends that Users do not disclose their passwords to anyone. F&W will never ask Users for their password in any unsolicited communication. F&W, any third parties providing services in connection with F&W’s Website, and their respective internet service providers shall not be liable or responsible for any information about a User intercepted and used by an unintended recipient.
TERMS & CONDITIONS
1. ACCEPTANCE OF TERMS
A. This Agreement sets forth the terms and conditions pursuant to which any User shall utilize the F&W Website. All Users agree to comply with the terms and conditions hereof.
B. F&W shall have the right, at any time, to change or discontinue any aspect or feature of F&W’s Website, including, but not limited to, content, availability, and equipment needed for access or use.
2. CHANGED TERMS
F&W shall have the right at any time to change or modify the terms and conditions applicable to User’s use of F&W’s Website, or any part thereof, or to impose new conditions. Any such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on F&W’s Website, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of F&W’s Website by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications, or additions.
3. USER CONDUCT
A. User shall use F&W’s Website for lawful purposes only. User shall not post or transmit through F&W’s Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violates any law, or which, without F&W’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in F&W’s discretion restricts or inhibits any other User from using or enjoying F&W’s Website will not be permitted. User shall not use F&W’s Website to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of Users to become subscribers of other on-line information services competitive with F&W.
B. F&W’s Website may contain copyrighted material, trademarks or other proprietary information, including, but not limited to, text, photos, newsletters, video, graphics, music, sound, software, or the like and these items, along with the entire contents of F&W’s Website constitute the property of F&W, such property interests to include the selection, coordination, arrangement and enhancement of all content of F&W’s Website, as well as all content of the F&W Website original to F&W. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content of F&W’s Website, in whole or in part. Any material downloaded from F&W’s Website shall be utilized for the User’s personal use only, and no copying, redistribution, retransmission, publication, or commercial exploitation of any such downloaded material shall be permitted without the prior express written permission of F&W. User acknowledges and agrees that User does not acquire any ownership or proprietary rights by downloading material from F&W’s Website.
C. The foregoing provisions of Section 3 are for the benefit of F&W, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
4. MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the services offered by F&W’s Website require User to open an account, User must complete the registration process by providing F&W with current, complete, and accurate information as prompted by the applicable registration or sign-in form. User may also choose a password and a user name. User is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify F&W immediately of any unauthorized use of User’s account or any other breach of security. F&W will not be liable for any loss that User may incur as a result of someone else using User’s account or password, either with or without User’s knowledge. However, User could be held liable for losses incurred by F&W or another party due to someone else using User’s account or password. User may not use anyone else’s account at any time, without the permission of the account holder.
5. NOTICE REGARDING DOCUMENTS AVAILABLE ON F&W’S WEBSITE
A. Permission to use Documents (such as newsletters, white papers, press releases, datasheets and FAQs) from the F&W Website is granted, provided that (1) User acknowledges the proprietary rights of F&W in all such Documents, (2) use of such Documents are for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Without limiting the generality of the foregoing, Users are prohibited from emailing any Document, including, without limitation, any newsletter available on F&W’s Website to any other individual or entity. Accredited educational institutions, such as universities, private/public colleges, and state community colleges, may download, print and copy the Documents for distribution in the classroom but may not otherwise reproduce the Documents in any fashion without the prior written consent of F&W. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties.
B. The Documents published on the F&W Website or obtained through the use of the Website may contain licensed font software embedded within those Documents. The licensed embedded font software is copyrighted by third-party vendors and it is strictly prohibited for the User to extract or duplicate such software from the Documents. Any User which violates the provisions of this TOU restricting the use of Documents and/or attempts to extract, duplicate or otherwise utilize embedded font software copyrighted by third party vendors shall be liable to F&W for any and all damages arising out of or in connection with such actual or attempted violation, use, extraction, or duplication, including, but not limited to, lost profits, claims by third party vendors, expenses and attorneys fees.
C. F&W and its respective suppliers make no representations about the suitability of the information contained in the Documents and related graphics for any purpose whatsoever. All such Documents and related graphics are provided “AS IS” without warranty of any kind. F&W and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. In no event shall F&W and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action in contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from the services.
D. The Documents and related graphics published on the F&W Website could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. F&W and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.
6. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
A. USER EXPRESSLY AGREES THAT USE OF F&W’S WEBSITE IS AT USER’S SOLE RISK. NEITHER F&W, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT F&W’s WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF F&W’S WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH F&W’S WEBSITE.
B. F&W’S WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES, IF ANY, WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
C. THIS DISCLAIMER OF LIABILITY APPLIES 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 F&W’S WEBSITE OR INFORMATION OR DOCUMENTS AVAILABLE THEREIN, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT F&W IS NOT 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 USER.
D. IN NO EVENT WILL F&W, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING F&W’S WEBSITE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE F&W’S WEBSITE. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
E. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER F&W, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN F&W’S WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
F. Force Majeure – F&W will not be responsible for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, Acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services and telecommunications). The performance of this Agreement by F&W shall be suspended for as long as any such event shall prevent F&W from performing any obligations under this Agreement.
7. LINKS TO THIRD PARTY SITES
The links in this area will let you leave F&W’s Website. The linked sites are not under the control of F&W and F&W is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. F&W is not responsible for webcasting or any other form of transmission received from any linked site. F&W is providing these links to User only as a convenience, and the inclusion of any link does not imply endorsement by F&W of the site. F&W is not responsible or liable, in any fashion whatsoever, for improper functionality of any links on F&W’s Website, nor for such links directing User to incorrect or inappropriate sites.
User agrees to defend, indemnify, and hold harmless F&W, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of F&W’s Website by User or from the use of User’s Account.
Either F&W or User may terminate this Agreement at any time. Without limiting the foregoing, F&W shall have the right to immediately terminate User’s Account in the event of any conduct by User which F&W, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.
This Agreement and any operating rules for F&W’s Website established by F&W constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Georgia, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Any rights not expressly granted herein are reserved.