Effective Date: September 1, 2013
FII may revise, amend, or modify this Policy from time to time. Notice of any revision, amendment, or modification will be posted on the Site and/or by email and will be effective on the date noted in the posting. This Policy may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of FII. By continuing to use the Site after the amendments are effective, you accept and agree to abide by them.
LINKS TO THIRD PARTY SITES
The Site may contain links to other Sites ("Linked Sites"). The Linked Sites are not under the control of FII and FII is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. FII is not responsible for webcasting or any other form of transmission received from any Linked Site. FII is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by FII of the Linked Site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Site, you warrant to FII that you will not use the Site for any purpose that is unlawful or prohibited by this Agreement. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
MATERIALS PROVIDED TO FII
FII does not generally claim ownership of the materials you provide, input or submit (including feedback, comments, and suggestions) to the Site or its associated services (collectively "Submissions"), except as set forth in Family Participants’ Enrollment Agreements. However, by providing, inputting, or submitting your Submission you are granting FII, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of its business including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission, and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. FII is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in FII’s sole discretion. By providing, inputting or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, input, or submit the Submissions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FII AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. ADVICE RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
FII AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. FII AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
You agree to indemnify FII for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless FII, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site and FII services, your violation of this Agreement, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. FII will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
FII does not represent that all information and content available on or accessible through this Site is appropriate for use in all geographic locations, especially some locations outside the United States, and accessing such from certain locations may be illegal and prohibited. Those who do access or use this Site from those locations act on their own initiative and FII is not responsible for compliance with applicable laws, rules, and regulations. You will not access the foregoing where prohibited by applicable law, rule or regulation.
FII reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.
LIMITED LICENSE; PERMITTED USES
You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site solely in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print-out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
COPYRIGHT AND TRADEMARK NOTICES:
The FII trademarks are owned by FII. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. Other than as expressly permitted in the "LIMITED LICENSE; PERMITTED USES" Section above, the copying, redistribution, use or publication by you of any such matters or any part of the Site, is strictly prohibited. You do not acquire ownership rights to any article, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the Site may be the copyrighted work of third parties. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by FII or any third party.
By inputting, providing, or submitting content on or to the Site, you are giving FII the right to display or publish such content on the Site (either in the form submitted or in the form of a derivative or adapted work), to store such content, and to distribute such content and use such content for promotional and marketing purposes. You shall be solely responsible for your own Submissions and the consequences of posting or publishing them. In connection with each of your Submissions, you affirm, represent, and/or warrant that: (1) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Submissions to enable inclusion and use of such Submissions in the manner contemplated by us and this Agreement; and (2) you have the written consent, release, and/or permission of each and every identifiable individual person in such Submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such Submissions in the manner contemplated by us and this Agreement. In furtherance of the foregoing, you agree that you will not: (1) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein; (2) publish falsehoods or misrepresentations that could damage us or any third party; or (3) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate. We reserve the right to remove or not publish Submissions without prior notice.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to FII-National, 1203 Preservation Park Way, Suite 100, Oakland, CA 94612, Attn: Copyright Infringement Inquiries.
Any legal controversy or legal claim arising out of or relating to this Agreement or the Site (excluding legal action taken by us or you to collect or recover damages for, or obtain any injunction relating to, intellectual property ownership or infringement), shall be settled solely by confidential binding arbitration in accordance with the commercial arbitration rules of JAMS pursuant to its Streamlined Arbitration Rules. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Francisco, California. Each party shall bear one-half of the arbitration fees and costs incurred through JAMS, and each party shall bear its own attorneys’ fees.
To the maximum extent permitted by law, this agreement is governed by the laws of the State of California, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of either the California courts or the United States District Courts located in the State of California, in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and FII as a result of this Agreement or use of the Site. FII’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of FII’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by FII with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and FII with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and FII with respect to the Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English. FII’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Neither the course of conduct between you and FII, nor trade practice, shall act to modify any provision of this Agreement. FII’s rights under this Agreement shall survive any termination of this Agreement.