FMG Suite, LLC
Effective Date: February 15, 2017
Last Updated: November 8, 2018
We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and such changes will be effective immediately upon posting. Your continued access or use of the Sites signifies your acceptance of the updated or modified Agreement. Unless otherwise indicated, any new material added to the Sites will also be subject to the Agreement. Be sure to return to this page periodically to review the most current version of the Agreement.
Who Can Use the Sites
The Sites are not intended to be used by persons under the age of 18 years old. If you are under the age of 18 years old, please do not use the Sites or any of the services offered by FMG Suite. If you are submitting information for a business entity, by doing so, you represent that you have the authority to bind that business entity to the Agreement. We may, in our sole and absolute discretion, refuse to allow use of the Sites or accept a person’s or entity’s information and may, at any time, refuse to permit a person’s, or entity’s, continuing use of the Sites for any reason or for no reason, in our sole discretion.
Materials Made Available on the Sites
The Sites may contain information, software, documentation, data, services, logos, trademarks, trade dress, artwork, text, video, audio, video, pictures, content and other materials (collectively, “Materials”). You may download Materials which provide information on FMG Suite products and services (such as white papers, press releases, datasheets, and product documentation), which are made available by FMG Suite for download from the Sites. FMG Suite retains all rights and title to such Materials, but grants you the limited right to use such Materials for your personal, non-commercial and informational purpose, provided that, you do not (a) distribute any such Materials on any networked computer or broadcast such Materials in any media; (b) remove any proprietary notice language from such Materials; (c) make any modification to such Materials; or (d) make any representation or warranty relating to such Materials. Except as expressly provided above, or as specifically permitted elsewhere on the Sites, you may not use, reproduce, republish, post, transmit or distribute any Materials.
FMG Suite, and/or its licensors or suppliers own the Materials, as well as the design, structure, selection, coordination, expression and arrangement of such Materials, and all intellectual property rights therein and thereto. The FMG Suite logos, trademarks, service marks or other business names are the trademarks or registered trademarks of FMG Suite or its subsidiaries in the United States and other jurisdictions (“Trademarks”). All other company and product names may be trademarks or registered trademarks of their respective companies. The Materials and the Trademarks are protected by law, including copyright, trademark and other intellectual property laws, as well as unfair competition laws and international treaties. Other than the limited rights granted in these Terms, nothing on the Sites shall be construed as conferring to you any license in any intellectual property rights, whether by implication, estoppel or otherwise.
You acknowledge that the Sites have been developed, compiled, prepared, revised, selected and arranged by FMG Suite and others through the expenditure of substantial time, effort, and money and constitute valuable intellectual property and trade secrets of FMG Suite and others. The Sites, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof, is copyrighted as a collective work under the United States and other copyright laws, and is the property of FMG Suite. The collective work includes works that are licensed to FMG Suite.
User Conduct and Obligations
The content and information on the Sites (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material) (collectively, the “Content”), as well as the infrastructure used to provide such Content, is proprietary to FMG Suite. Without our prior written permission, you may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify our trademarks or other proprietary information in any way. You agree to follow all applicable laws and regulations when using the Sites. You may not use the Sites in any manner that could damage, disable, overburden, or impair the Sites or interfere with any other party’s use and enjoyment of the Sites. Additionally, you agree not to:
Access to the Sites may be monitored by FMG Suite, including to verify your compliance with these Terms.
Your Communications to FMG Suite via the Sites
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to FMG Suite on or through the Sites. You may not pretend that you are any other individual or entity, or misrepresent your authority to represent any entity.
If you provide any feedback, recommendations for improvements or features of the Sites or any FMG Suite products or services, implementation of that feedback or recommendation is owned by FMG Suite and may become part of our Sites, products and services without compensation to you.
Except for public domain material, the Sites are protected by intellectual property laws, including U.S. copyright laws. You are hereby granted a non-exclusive license to use the Content at the Sites while connected to the Sites (including, where available, to email individual Content to others directly from the Sites). You are also granted a limited license to print one copy of any Content posted at the Sites, but only for your personal use. Except as expressly provided above, all other rights are reserved. Among other things, except to the extent required for the limited purpose of reviewing material on the Sites, electronic reproduction, adaptation, distribution, performance or display is prohibited. Commercial use of any of the Content is strictly prohibited. Use of any of our Trademarks such as metatags on other web sites also is strictly prohibited. You may not display the Sites in frames (or any of the Content via in-line links) without our express written permission, which may be requested by contacting us through our feedback form.
When you visit the Sites or send or accept electronic messages through the Sites, you are communicating with us electronically, and as a result, you consent to receive communications from us electronically. We may communicate with you by email or other authorized form of electronic message or by posting notices on the Sites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in the Agreement. You have a right to withdraw your consent to receive electronic communications at any time, and may request a paper version of any electronic communication. You acknowledge that such withdrawal of consent will prohibit you from accessing and using core functionalities of the Sites. You further acknowledge that we reserve the right to charge you a reasonable fee for the production and mailing of paper versions of electronic communications, unless charging a fee is prohibited by applicable law. To request a paper copy of an electronic communication, write us at firstname.lastname@example.org.
If our hardware or software requirements change, we will post to the Sites notice of the revised hardware or software requirements. Continuing to use the Sites after receiving notice of the changes to the Sites is reaffirmation of your consent.
Reviews, Comments and Use of Other Interactive Areas
Please be aware that by submitting any message, data, information, text, music, sound, photos, graphics, code or any other Content to the Sites by electronic mail, postings on the Sites, or other social network platforms operated by FMG Suite, including any questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you are certifying that you are the rightful owner or licensee of the Submission and you grant FMG Suite a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that FMG Suite may choose to provide attribution of your comments or reviews at our discretion. You further grant FMG Suite the right to pursue at law any person or entity that violates your or FMG Suite’s rights in the Submissions by a breach of the Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary.
The Sites and FMG Suite’s other social network platforms may contain discussion forums, bulletin boards, reviews or other means in which you or third parties may post Content, messages, materials or other items on the Sites (“Interactive Areas”). If FMG Suite provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Sites any of the following:
FMG Suite takes no responsibility and assumes no liability for any Submissions posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is FMG Suite liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. FMG Suite is not liable for any statements, representations or Submission provided by its Users in any public forum, personal home page or other Interactive Area. Although FMG Suite has no obligation to screen, edit or monitor any of the Submissions posted to or distributed through any Interactive Area, FMG Suite reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Sites at any time and for any reason.
If it is determined that you retain moral rights (including rights of attribution or integrity) in Submissions, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Submission, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Submission by FMG Suite or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Submission; and (d) you forever release FMG Suite, and its licensees, successors and assigns, from any claims that you could otherwise assert against FMG Suite by virtue of any such moral rights.
Any violation of the foregoing violates the Agreement and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Sites. See “Termination”, below.
Digital Millennium Copyright Act Notice
FMG Suite respects the intellectual property rights of others. FMG Suite may, in appropriate circumstances and at its sole discretion, terminate the access of Users who infringe the copyrights or intellectual property rights of others.
If you believe your work has been copied and is accessible at the Sites, or other social network platforms operated by FMG Suite, in a way that constitutes copyright infringement, or that the Sites contain links or other references to another online location that contains material or activity that infringes your copyright, you may notify us by providing our copyright agent the information required by the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act (“DMCA”). Our agent for notice of claims of copyright infringement on or regarding the Sites can be reached by mail: FMG Suite LLC, Attn: Legal, 12395 World Trade Drive, Suite 200, San Diego, CA 92128; by email: email@example.com.
Your notice must satisfy the requirements of the DMCA and include the following information:
(i) Your name, mailing address, and email address;
(ii) A statement identifying the copyrighted material you claim is infringed, such as a URL linking to an authorized version of the copyrighted material;
(iii) A statement identifying where the allegedly infringing material is located, such as URL linking to the allegedly infringing material;
(iv) A statement that you have a good faith belief that the allegedly infringing material identified in section (ii), above, is not authorized by the copyright owner, its agent, or the law;
(v) A statement, made under penalty of perjury, that the information in this notice is accurate and that you are the owner of the copyrighted material or are authorized to act on behalf of the owner of the copyrighted material; and
(vi) An electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
FMG Suite will process and investigate notices of alleged infringement and will take appropriate action under the DMCA and other applicable intellectual property laws.
Users are responsible for the protection of their account numbers, customer name, and password associated with Internet access to all Sites and Interactive Areas. In the event of any unauthorized access to your account, you must immediately notify FMG Suite; however, FMG Suite is not responsible or liable for damage of any kind as a result of any unauthorized access. To protect yourself from unauthorized access to your account information, FMG Suite highly recommends that you change your password frequently and do not share your password with anyone.
Limitation of Liability
IN NO EVENT SHALL FMG SUITE BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR ANY KIND OF DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND LOST PROFITS OR SAVINGS), EVEN IF FMG SUITE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THE SITES, OR RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE SITES OR FMG SUITE’S SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FMG SUITE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Disclaimer of Warranties
FMG SUITE MAKES NO REPRESENTATIONS ABOUT THE ACCURACY, COMPLETENESS OR SUITABILITY OF THE INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, AND SERVICES, CONTAINED ON THE SITES FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THE SITES DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY FMG SUITE. ALL SUCH INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FMG SUITE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. FMG SUITE DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FMG SUITE DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
FMG SUITE DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THE SITES, ITS SERVERS OR ANY EMAIL SENT FROM FMG SUITE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FMG SUITE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
You agree to defend and indemnify FMG Suite and each of its subsidiaries, affiliates, directors, officers, agents, licensors, suppliers, partners, investors, employees, successors and assigns (collectively, the “Provider”) from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including but not limited to reasonable legal and accounting fees, arising from:
You and each of your successors, assigns, subsidiaries and affiliates, hereby unconditionally release and forever discharge FMG Suite and each of its subsidiaries, affiliates, directors, officers, agents, partners, investors, employees, successors and assigns harmless from any and all complaints, claims, charges, damages, demands, suits, actions and causes of action, whether at law or in equity (including attorneys’ fees, costs and expenses), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the Sites. In the event you fail to promptly indemnify and defend such claims or pay the expenses of the Provider, as provided above, the Provider has the right to defend itself, and in that case, you shall reimburse the Provider for all of its reasonable attorney’s fees, costs and damages incurred in settling or defending such claims within thirty (30) days of each of the Provider’s written request.
You agree that FMG Suite, in its sole discretion, may terminate or suspend your use or access to the Sites, Interactive Areas, Submissions, Materials, Content, information, and services at any time and for any or no reason, in its sole discretion, and without prior notification, even if access and use continues to be allowed to others. Upon such suspension or termination, you must immediately (a) discontinue use of the Sites, and (b) destroy any copies you have made of any portion of Submissions. Accessing the Sites, Interactive Areas, Submissions, Materials, Content, information, and services after such termination, suspension or discontinuation shall constitute an act of trespass. Further, you agree that FMG Suite shall not be liable to you or any third party for any termination or suspension of your access to the Sites, Interactive Areas, Materials, Content, information, and services.
The Sites may contain links to sites, pages, accounts or other electronic media owned or controlled by parties other than FMG Suite. Such links are provided for your reference and convenience only. We do not control such sites and are not responsible for their contents or the privacy or other practices of such sites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Sites or other sites) is free of such items as viruses, worms, Trojan horses, defects and other items of a destructive nature. Our inclusion of links to such sites does not imply any endorsement of the material on such sites or any association with their operators. In some cases you may be asked by a third party site to link your profile on FMG Suite to a profile on another third party site. Choosing to do so is purely optional, and the decision to allow this information to be linked can be disabled (with the third party site) at any time.
Copyright and Trademark Notices
All trademarks, trade names, logos, images, typefaces, graphics, service marks and trade dress displayed on the Sites (collectively, the “Marks”) are the property of FMG Suite or its licensors, content providers or other third parties. Nothing in these Terms or on the Sites shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Mark without the prior written consent of FMG Suite or the owner of the Mark. In addition, the look and feel of the Sites, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of FMG Suite and may not be copied, imitated or used, in whole or in part, without the prior written permission of FMG Suite. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship or recommendation thereof by FMG Suite.
If you are aware of an infringement of either your brand or our brand, please let FMG Suite know by contacting us via phone or email. See “How to Contact FMG Suite,” below.
You agree to use the Sites in strict compliance with all applicable laws, rules, rulings and regulations and in a fashion that does not, in the sole judgment of FMG Suite, negatively reflect on the goodwill or reputation of FMG Suite and shall take no actions that would cause FMG Suite to be in violation of any laws, rules, rulings or regulations applicable to FMG Suite. FMG Suite and the Sites are based in the United States. The Agreement shall be governed by and construed in accordance with the laws of the State of California without reference to the principles of conflicts of law of that state or any other jurisdiction. You hereby consent to the exclusive jurisdiction and venue of the courts of San Diego County, in the State of California, or the courts of the United States located in San Diego County, California, and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of the Sites. You agree that all claims you may have against FMG Suite arising from or relating to the Sites must be heard and resolved in a court of competent subject matter jurisdiction located in the State of California within one (1) year from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived. Use of the Sites is unauthorized in any jurisdiction that does not give effect to all provisions of the Agreement, including, without limitation, this paragraph. If any part of the 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 remaining provisions in the Agreement shall continue in full force and effect.
FMG Suite’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice acts to modify any of these Terms. FMG Suite may assign its rights and duties under these Terms to any party at any time without notice to you. FMG Suite makes no representation that materials on the Sites are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access the Sites from locations outside California do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of United States export laws and regulations. Any claim relating to the materials is governed by the laws of the State of California.
FMG Suite and its affiliates are not liable for damages as a result of any delay or other failure of performance due to causes beyond its reasonable control including, without limitation, acts of God, acts of customer or any of its representatives, acts of military or civil authorities, fire or other casualty, strikes, lockouts, weather, epidemic, war, riot, terrorism, telecommunications interruptions or computer viruses.
How to Contact FMG Suite
If you have any questions or comments about the Agreement, or your dealings with the Sites, please contact us by email sent to firstname.lastname@example.org or by mail at FMG Suite LLC, 12395 World Trade Drive, Suite 200, San Diego, CA 92128, U.S.A.