THE
F.O.D. CONTROL CORPORATION
TERMS
OF USE
This web
site ("Site") is owned and operated by The F.O.D. Control
Corporation ("TFCC"). TFCC maintains this Site as a service to
its customers.
The following Terms of Use govern the use of this Site and the
information that is accessible on or from the Site. Please read theses
Terms carefully before entering the Site, and refer to them as necessary
while you navigate the Site. By accessing, browsing or otherwise using
this Site, you acknowledge that you have read, understood, and agree to
these Terms and that you agree to comply with applicable laws and
regulations. If you do not agree with these Terms, please exit the Site
immediately. TFCC may revise these Terms at any time. You are
responsible for reviewing these Terms periodically in order to ensure
compliance.
1. LEGAL NOTICES AND DISCLAIMERS:
A. THIS
SITE CONTAINS DISCUSSION GROUPS IN WHICH USERS MAY EXCHANGE
INFORMATION REGARDING FOD ISSUES AND PRODUCTS. THE VIEWS, INFORMATION
AND OTHER CONTENT PROVIDED BY SUCH USERS ARE THE SOLE RESPONSIBILITY
OF THE USER. ANY INFORMATION PROVIDED BY TFCC IN ITS DISCUSSION GROUP
RESPONSES IS ADVISORY ONLY AND IS NOT TO BE USED AS AN ENDORSEMENT.
SUCH INFORMATION PROVIDED BY TFCC SHALL NOT CREATE A WARRANTY.
B. ALTHOUGH TFCC USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND
UP-TO-DATE INFORMATION ON THIS SITE, IT MAKES NO REPRESENTATIONS AS TO
THE ACCURACY, TIMELINESS OR COMPLETENESS OF THAT INFORMATION.
C. THE MATERIALS ACCESSIBLE FROM OR ON THIS SITE ARE PROVIDED "AS
IS", AND TFCC EXPRESSLY DISCLAIMS ANY IMPLIED OR EXPRESS
WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT
OF INTELLECTUAL PROPERTY RELATING TO SUCH MATERIAL.
D. TFCC SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT
NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL
DAMAGES, INCLUDING, BUT NOT LIMITED TO, A LOSS OF DATA, PROFITS OR
REVENUE, ARISING OUT OF THE USE OF OR RELIANCE ON, OR INABILITY TO
USE, THE MATERIALS ON THIS SITE. THE ENFORCEABILITY OF THIS LIMITATION
MAY VARY IN SOME AREAS.
2. APPLICABLE
LAWS: This Site originates from and is maintained in the State of
Arizona, in the United States of America. TFCC makes no representation
that materials at this Site are appropriate for use outside the United
States and access to this Site from territories where such access is
illegal is strictly prohibited.
By accessing this Site, both you and TFCC agree that the statutes and
laws of the State of Arizona, without regard to the conflicts of laws
principles thereof, will apply to all matters relating to use of this
Site. You and TFCC further agree and hereby submit to the exclusive
personal jurisdiction and venue in Tucson, Pima County, Arizona, with
respect to all legal matters involving the Site. You waive any and all
objections to that forum for lack of venue, forum non conveniens, and/or
on any other jurisdictional ground. Any export or use of Site content
must be in compliance with all U.S. export laws and regulations in
effect at the time of such export or use. Users who access the Site from
outside of the United States do so at their own risk and are responsible
for compliance with applicable U.S. export and local country laws.
3. USER SUBMISSIONS: Any information, material or idea you
transmit to or post on this Site will be treated as non-confidential and
non-proprietary, and may be disseminated or otherwise used by TFCC in
accordance with its Privacy Policy.
4. LIMITATIONS ON USE: Commercial use of the Site or TFCC
materials and screen shots, and the reproduction, copying, or
redistribution for commercial purposes of any materials or design
elements on the Site, is strictly prohibited without the express written
permission of TFCC. Permission is granted only when certain limited
criteria are met. To request such permission please send to gary@fodcontrol.com
with the word "Permission" in the subject line, and include
the following information in the body of the message:
A. The
content you wish to use.
B. Where and how will it be used (for example, in a book cover, an
advertisement, or a brochure).
C. Where and how copies will be distributed and to what audience.
D. How many copies will be produced and distributed.
E. When you intend to publish.
F. Other, non-Site materials that will be associated with the Site
content.
G. Your name, title, company, address, email address, and phone
number.
We will
evaluate your request as soon as possible. TFCC reserves the right to
refuse permission to copy, distribute, broadcast, or publish any of its
copyrighted material.
5. LINKS TO THIRD PARTY SITES: The Site may provide, or third
parties may provide, links to other World Wide Web sites or resources.
Because TFCC has no control over such sites and resources, you
acknowledge and agree that TFCC is not responsible for the availability
of such external sites or resources, and does not endorse and is not
responsible or liable for any content, advertising, products, or other
materials on or available from such sites or resources. You further
acknowledge and agree that TFCC shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance on any such content,
goods or services available on or through any such site or resource.
6. TRADEMARK INFORMATION: Any trademarks, service marks, and
logos used and displayed on this Site are registered and unregistered
trademarks of TFCC. TFCC trademarks may be used publicly only with
permission from TFCC and proper acknowledgement. Except as expressly
granted in this section, TFCC does not grant any express or implied
right to you under any patents, copyrights, trademarks, or trade secret
information.
7. COPYRIGHT INFORMATION: All information on this Site is the
copyrighted property of TFCC and is protected under United States and
worldwide copyright laws and treaty provisions. TFCC grants you
permission to view, copy, download, and print TFCC information that is
available on this Site, subject to the following conditions:
-
The
copied materials may be used solely for personal, informational,
and noncommercial use in support of TFCC services.
-
The
copied materials may not be modified or revised in any manner.
-
The
copied materials must display all copyright, trademark, and other
proprietary notices, in the same form and manner as on the
original.
-
The
copied materials must include a statement that the materials are
used solely with permission of TFCC.
All other
rights reserved. Permission to use copyrighted TFCC materials terminates
automatically upon breach of any of these conditions. Other products and
company names mentioned in this Site may be copyrighted by, or the
trademarks of, their respective owners.
8. COPYRIGHT VIOLATIONS: TFCC respects the intellectual property
of others, and we ask our users to do the same. If you believe that your
work has been copied on the Site in a way that constitutes copyright
infringement, or your intellectual property rights have been otherwise
violated, please provide TFCC's Copyright Agent the following
information:
A. an
electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright or other intellectual property
interest;
B. a description of the copyrighted work or other intellectual
property that you claim has been infringed;
C. a description of where the material that you claim is infringing is
located on the Site;
D. your address, telephone number, and email address;
E. a statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or
the law;
F. a statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright
or intellectual property owner or authorized to act on the copyright
or intellectual property owner's behalf.
TFCC's Agent
for Notice of claims of copyright or other intellectual property
infringement can be reached as follows:
By
mail:
Gary Chaplin
Copyright Agent
c/o The FOD Control Corporation
8987 East Tanque Verde Rd., Bldg. 309
Tucson, Arizona 85749-9399.
By phone: 1-800-425-8363 or e-mail:
By email: info@fodcontrol.com
9. Discussion
Group Guidelines: TFCC provides a Discussion Group forum
("Forum") for the exchange of ideas relating to FOD. The
following Terms of Use govern your use of this Forum and the information
that is accessible on or from the Forum. By accessing, browsing or using
the Forum, you acknowledge that you have read, understood, and agree to
these Terms and agree to comply with applicable laws and regulations. If
you do not agree with these Terms, immediately exit the Forum area.
A. All
information, data, text, or other materials ("Content"),
that are publicly posted on the Site or are privately transmitted to
TFCC, are the sole responsibility of the person from which such
Content originated. This means that you, and not TFCC, are entirely
responsible for all Content that you post, email, transmit or
otherwise make available in the Discussion Group forum or to TFCC.
B. TFCC does not control the Content posted via the forum and, as
such, does not guarantee the accuracy, integrity or quality of such
Content. You understand that by using the Discussion Group forum, you
may be exposed to Content that is offensive or objectionable.
C. Under no circumstances will TFCC be liable in any way for any
Content, including, but not limited to, for any errors or omissions in
any Content, or for any loss or damage of any kind incurred as a
result of the use of any Content posted, emailed, transmitted or
otherwise made available via the Discussion Group forum.
D. TFCC reserves the right to terminate any and all Groups with out
prior notice. TFCC reserves the right (but not the obligation) in its
sole discretion to refuse or to move any submitted or posted Content.
E. You agree that you must evaluate, and bear all risks associated
with, the use of any Content, including any reliance on the accuracy,
completeness, or usefulness of such Content. You acknowledge that you
may not rely on any Content created by TFCC or submitted to TFCC.
F. You acknowledge and agree that TFCC may preserve Content and may
also disclose Content if required to do so by law or in the good faith
belief that such preservation or disclosure is reasonably necessary
to: (a) comply with legal process; (b) enforce its Terms of Use; (c)
respond to claims that any Content violates the rights of
third-parties; or (d) protect the rights, property, or personal safety
of TFCC, its users and the public.
G. TFCC does not claim ownership of Content that appears in the Forum,
however, by providing such Content, you grant TFCC the world-wide,
royalty free and non-exclusive license(s) to use, distribute,
reproduce, modify, adapt, and publicly display such Content for the
purposes of providing and promoting the Forum to which such Content
was submitted.
10. INDEMNITY:
You agree to indemnify and hold TFCC, and its directors, employees,
officers and agents harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or arising
out of Content you submit, post, transmit or make available through the
Forum(s) or the Site, your use of the Forum(s) or the Site, your
violation of the Terms of Use, or your violation of any other rights of
another.
11. GENERAL INFORMATION: These Terms of Use constitute the entire
agreement between you and TFCC. The failure of TFCC to exercise or
enforce any right or provision of the Terms of Use shall not constitute
a waiver of such right or provision. If any provision of the Terms of
Use is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect
to the parties' intentions as reflected in the provision, and the other
provisions of the Terms of Use remain in full force and effect. You
agree that regardless of any statute or law to the contrary, any claim
or cause of action arising out of or related to use of the Service or
the Terms of Use must be filed within one (1) year after such claim or
cause of action arose or be forever barred. The section titles in the
Terms of Use are for convenience only and have no legal or contractual
effect.
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