TERMS
OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY
BEFORE USING THIS WEBSITE.
These
Terms of Use ("Terms") between FedLinks, (“FedLinks, Fed
Links, Company, we, us, or our”) and you ("you or your")
govern your use of www.fedlinks.com (the "Site"),
including, without limitation, all content such as text, information,
images, online community, and other information, services and
materials (collectively, the "Materials") and all
information made available to you or by you through this Site by
Company and/or third parties.
Your access to, and use of, this
Site and its Materials is conditioned upon your complete acceptance
and compliance with these Terms. By accessing and/or using this Site,
you acknowledge and agree that you have read, understand, and are
bound to these Terms, as they may be amended from time to time.
We
reserve the right to make changes to, update, add, and delete
material from this Site and these Terms at any time for any reason
without notice to you or any other person. We recommend that you
periodically review this Site and these Terms for any changes because
your continued use of this Site after we make changes indicates your
acceptance to such changes. If you do not accept these Terms, as they
may be amended from time to time, you should exit this Site
immediately and cease any further use of any Materials you have
obtained from this Site. If you are dissatisfied with this Site, your
sole remedy is to discontinue using this Site and you understand that
we may discontinue, change, or restrict your use of this Site for any
reason without notice.
Ownership
of Materials.
Unless indicated otherwise, Company owns, controls, or licenses all
rights, title and interest in and to this Site, all the Materials,
code, data and materials thereon, concepts, methodologies,
interfaces, protocols, procedures, analyses, processes, adaptations
and/or ideas, trademarks, trade secrets and proprietary processes,
and the look and feel, design and organization of this Site, and the
compilation of the content, code, data and materials on this Site
(“Proprietary Materials”). All intellectual property rights in
the Materials (including copyrights, trademarks, trade secrets and
patents) are the property of Company unless indicated otherwise.
Company retains all copyrights in the individual pages, and their
components, and collective works available at this Site. The
Materials are copyrighted and are protected by federal and worldwide
copyright laws and treaty provisions. They may not be copied,
reproduced, modified, published, create derivative works from, or in
any way exploited, in whole or in part, uploaded, posted,
transmitted, performed, or distributed in any way, without Company's
prior written permission. All names and trademarks are the property
of their respective holders.
You agree not to adapt, modify,
decompile, disassemble or reverse engineer, copy, develop derivative
works from or otherwise interfere with the operation of the
Proprietary Materials or use the Proprietary Materials for any
purpose other than those expressly stated in these Terms.
All
rights are reserved to their respective copyright owners. No further
publication or commercial use may be made of the Material on this
Site without our express written permission. You may not make any
part of this Site available as part of another web site whether by
hyperlink framing on the internet or otherwise. This Site and its
content may not be used to construct a database of any kind nor may
the same be stored (in whole or part) in databases for access by you
or any third party or to distribute any database containing all or
part of this Site or its content.
Not
Intended for Children.
This Site is not intended or designed for children under the age of
13. We do not collect personally identifiable information from any
person we actually know is under the age of 13. If you are under the
age of 13, please do not supply any personally identifiable
information through this Site. If you are under the age of 13 and
have already provided personally identifiable information through
this Site, please have your parent or guardian contact us immediately
using the information below so that we can remove such information
from our files.
Accuracy;
No Duty to Update.
The Material on this Site could contain technical inaccuracies or
typographical errors, or other mistakes. Some or all of the Material
may be out of date and we have no duty nor make any commitment to
update or correct any information on this Site. We make no warranties
that this Site will operate uninterrupted or error free or that
defects will be corrected. We do not warrant that this Site is or
will be compatible with your computer equipment or that this Site or
its server is free of errors, computer viruses, worms, "Trojan
horses" or other harmful components and we are not liable for
any damage you may suffer as a result of any such destructive
features.
Links.
We may provide links to other websites maintained by us and our
affiliated entities as well as links to unaffiliated third parties'
websites for your convenience and should not be deemed to imply that
we endorse those sites or any content therein. We do not maintain
these third party websites and are not responsible for the
availability, accuracy, or quality of the content on the third party
websites. We make no representations or warranties whatsoever about
any other website which you may choose to access through this Site.
You should review the terms and conditions related to the use of any
third party websites before using them.
User-Generated
Content. The
following provisions apply to user-generated content posted, or
submitted for posting, to this Site (“Submissions”). By posting
or submitting content to this Site, you agree to the following
provisions, which may be amended from time to time:
You agree that you are fully responsible for the content that you post or submit. You agree that you will not post or submit any content that (i) violates or encourages the violation of any applicable local, state, national, or international law, rule, or regulation, or (ii) is otherwise inappropriate. You will indemnify us, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of the Submissions you post or submit. You understand and agree that we are not responsible for Submissions posted or submitted for posting by third parties.
We, in our sole discretion, reserve the right to reject, edit, remove, or otherwise alter any Submissions submitted or posted to this Site for any reason. We reserve the right, in our sole discretion to revoke a user’s privilege to submit or post Submissions to this Site. You agree that by posting or submitting Submissions to this Site, you hereby grant to us a royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, sublicense, modify, publicly perform, display, translate, create derivative works from, and distribute the Submissions, in whole or in part, and incorporate it into other Company publications, in any form, media, or technology now known or later developed. You authorize us to publish your name and location (city, state and/or country) in connection with any use of your Submission to this Site and in identifying yourself and location, you represent that you have done so accurately. Once your Submission is posted, you will not have the right to remove or edit it.
You agree to post or submit Submissions to this Site only for non-commercial purposes.
You agree that you have disclosed any relevant competing interests that, when broadly viewed, could be construed as a conflict of interest or the appearance thereof including, without limitation, financial or beneficial conflicts of interest, employment relationships, and affiliations with other entities or interests.
Unless otherwise agreed in writing prior to your submission, any material, information or other communication you transmit or post to this Site or third party site will be considered non-confidential and non-proprietary. Company will have no obligations with respect to the Submissions.
You
represent and warrant that, regarding any Submissions contributed by
you that: (a) Submissions will not violate any right of any third
party, including copyright, trademark, right of privacy, right of
publicity, or other intellectual property, personal, or proprietary
right(s); and (b) you are the owner of and/or have the right to
provide such Submissions to us in accordance with these Terms. You
are and shall remain solely responsible for the content of any
Submissions you make.
Passwords.
This Site is intended by Company to require a valid, working e-mail
address and password to access and use the Materials on this Site.
You are solely responsible for (1) maintaining the strict
confidentiality of the e-mail address, passwords and codes
(collectively, "ID(s)") assigned to you, (2) not allowing
another person to use your IDs to access this Site, (3) any damages
or losses that may be incurred or suffered as a result of you or your
failure to maintain the strict confidentiality of your ID, and (4)
promptly informing Company in writing of any need to deactivate an ID
due to potential or actual security concerns. Company is not liable
for any harm related to the theft of your ID, your disclosure of your
ID, or your authorization to allow another person or entity to access
and use this Site using your ID. You agree to immediately notify
Company in writing of any unauthorized use of your ID.
Copyright
Infringement Notification. Notification of Claims of Copyright
Infringement.
Company respects the intellectual property of others and we require
our users to do the same. If you believe that any material on this
Site infringes upon any copyright you own or control, or that any
link on this Site directs users to another website containing
material that infringes upon any copyright you own or control, you
may file a notification of such infringement with our Designated
Copyright Agent as set forth below.
Notice
and Procedure for Notifying Designated Agent of Claims of Copyright
Infringement.
Company will respond expeditiously to notices of alleged infringement
that are reported to Company's Designated Agent. Contact Company's
Designated Agent as follows:
FedLinks Legal
5405 Cypress
Center Dr
STE 200
Tampa,
FL 33609
P: 855-400-4708
F: 855-817-2131
If you
believe that your copyright has been infringed upon, please submit
written notification to Company's Designated Agent as specified above
and include the following:
Identification of the copyrighted work claimed to have been infringed upon, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that you're claiming has been infringed upon or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
Your full name, mailing address, telephone number, and, if available, e-mail address.
Both of the following statements:
"I hereby state that I have a good-faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g. as a fair use)."
"I hereby state that the information in this notification is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright, or of an exclusive right under the copyright that is allegedly infringed."
Your full legal name and your electronic or physical signature.
Infringer
Policy. In
accordance with the Digital Millennium Copyright Act (DMCA), the text
of which may be found on the U.S. Copyright office website at
http://www.copyright.gov/legislation/dmca.pdf, and other applicable
law, Company has adopted a policy of banning, in appropriate
circumstances and at its sole discretion, users who are deemed to be
repeat infringers. Company may also, at its sole discretion, limit
access to any website hosted by Company and/or terminate the accounts
of any users who infringe upon any intellectual property rights of
others, whether or not there is any repeat infringement.
Counter
Infringement Policy.
A poster of allegedly infringing material may make a
counter-notification pursuant to Sections 512(g)(2) and 512(g)(3) of
the DMCA. When we receive a counter-notification, we may, in our sole
discretion, reinstate the material in question. To provide a
counter-notification, please submit written notification to our
Designated Agent as specified above and include the following:
Identification of the material that has been removed or to which access has been disabled by Company and the location at which the material appeared before it was removed or access was disabled.
A statement as follows: "I hereby state, under penalty of perjury, that I have a good-faith belief that the material was removed or disabled as a result of mistake of misidentification of the material to be removed or disabled."
Your full name, mailing address, telephone number, and, if available, e-mail address.
A statement as follows: "I hereby consent to the jurisdiction of the Federal District Court for the judicial district Company may be found, and I will accept service of process from the complaining party who notified Company of the alleged infringement or an agent of such person."
Your full legal name and your electronic or physical signature.
User
Conduct. You
agree to not use this Site to:
Upload, post, e-mail, transmit, or otherwise make available any content that we deem to be unlawful, harmful, threatening, abusive, bullying, harassing, false, inaccurate, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or that violates any applicable law;
Upload, post, e-mail, transmit or otherwise make available any content that we deem adult or pornographic in nature.
Harm minors in any way;
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through this Site;
Upload, post, e-mail, transmit, or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
Upload, post, e-mail, transmit, or otherwise make available any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
Upload, post, e-mail, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "link farms," "junk mail," "spam," "chain letters," “pyramid schemes," or any other form of solicitation;
Upload, post, e-mail, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
Interfere with or disrupt the service, servers, or networks connected to the service, or disobey any requirements, procedures, policies, or regulations of networks connected to the service;
Intentionally or unintentionally violate any applicable local, state, national, or international law, encourage or provide instructions for a criminal offense, or otherwise violate the rights of any party;
"Stalk" or otherwise harass another; or
Collect or store unauthorized personal data about other users.
Disclaimer
of Responsibility for Third Party Content; Reservation of Rights.
We take no responsibility and assumes no liability for any Materials
or Submissions posted or uploaded by you or any third party, or for
any mistakes, defamation, slander, libel, omissions, falsehoods,
obscenity, pornography, profanity, or objectionable material you may
encounter. Your use of this Site is at your own risk. Company is not
liable for any statements, representations, Submissions, or Material
provided by its users. Although we have no obligation to screen,
edit, or monitor any Submissions posted by users (or any other
activities of users on this Site), we reserve the right, at our sole
discretion, to remove, take down, destroy, or delete any Materials or
Submissions at any time and for any reason, including without
limitation, Submissions that we deem inappropriate, offensive, or
which we believe may subject us to any liability. We may access, use,
and disclose transaction information about your use of this Site, and
any Submissions transmitted by you via or in connection with this
Site, to the extent permitted by law, in order to comply with the law
(e.g., a lawful subpoena); to initiate, render, bill, and collect for
our services; to protect our rights or property, or to protect users
of this Site from fraudulent, abusive, or unlawful use of this Site.
INDIRECT OR ATTEMPTED VIOLATIONS OF THESE TERMS OR ANY RELATED
POLICY, GUIDELINE, OR AGREEMENT, AND ACTUAL OR ATTEMPTED VIOLATIONS
BY A THIRD PARTY ON YOUR BEHALF SHALL BE CONSIDERED VIOLATIONS OF
THESE TERMS BY YOU. Any use of this Site in violation of the
foregoing is in violation of these Terms and may result in, among
other things, the termination or suspension of your rights to use
this Site.
General
Disclaimers.
THE MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR
IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY
PARTICULAR PURPOSE OR WARRANTIES ARISING BY COURSE OF DEALING OR
CUSTOM OR TRADE. IN NO EVENT SHALL COMPANY, ITS PARENTS,
SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS,
EMPLOYEES, STOCKHOLDERS AND AGENTS BE LIABLE TO YOU OR ANY OTHER
ENTITY FOR ANY AND ALL DAMAGES INCLUDING BUT NOT LIMITED TO DIRECT,
COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY
OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS
OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION AND LOSS OF
BUSINESS OPPORTUNITIES) ARISING OUT OF OR RELATING TO (1) THE USE OF
OR INABILITY TO USE THE MATERIALS, (2) RELIANCE ON THE SUBMISSIONS
AND MATERIALS; (3) ERRORS, INACCURACIES, OMISSIONS, DEFECTS,
UNTIMELINESS, SECURITY BREACHES, (4) INFORMATION COMMUNICATED THROUGH
CHAT ROOMS OR MESSAGE BOARDS, OR (5) ANY OTHER FAILURE TO PERFORM BY
COMPANY; PROVIDED, THAT THIS LIMITATION SHALL NOT APPLY TO THE
OBLIGATION OF INDEMNIFICATION HEREUNDER. THE FOREGOING SHALL APPLY
REGARDLESS OF WHETHER COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. COMPANY ALSO MAKES NO REPRESENTATIONS OR WARRANTIES
THAT YOUR ACCESS TO AND USE OF THIS SITE, MATERIALS, OR THIRD PARTY
SITES (1) WILL BE UNINTERRUPTED OR ERROR-FREE, (2) IS FREE OF
VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, (3) IS
SECURE, OR (4) WILL MEET YOUR SATISFACTION. YOU ARE RESPONSIBLE FOR
TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT
YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY
VIRTUE OF YOUR USE OF THIS SITE. Because some jurisdictions may not
permit each of these disclaimers and limitations, the above
limitation may not apply to you. Company and its parents,
subsidiaries, affiliates and their respective directors, officers,
employees, stockholders and agents further do not warrant the
accuracy or completeness of the information, text, graphics, links or
other items contained within the Materials. Company may make changes
to the Materials, or to the services and/or products described
therein, at any time without notice. Company makes no commitment to
update the Materials.
Indemnification;
Damages for Unauthorized Access.
You hereby indemnify, defend, and hold us and our affiliates and our
officers, directors, owners, agents, information providers,
licensors, and licensees (collectively, the "Indemnified
Parties") harmless from and against any and all liabilities and
costs (including reasonable attorneys' fees) incurred by the
Indemnified Parties in connection with any claim arising out of: (a)
any breach by you of these Terms; or (b) any Submissions you provide,
including without limitation, any claim by a third party that your
Submissions infringe or violate such third party's rights or
interests. You shall use your best efforts to cooperate with us in
the defense of any claim. We reserve the right, at our own expense,
to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you. You acknowledge and agree that
your violation of the terms and conditions of these Terms through
unauthorized use of or access to this Site will result in a minimum
of five thousand ($5,000.00) dollars in damages to Company based on
our costs for implementing additional security measures resulting
from, and our investigation into, any such violation.
Dealing
with Advertisers.
Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through this Site, including
payment and delivery of related goods or services, and any other
terms, conditions, warranties or representations associated with such
dealings, are solely between you and such advertiser. You agree that
we shall not be responsible or liable for any loss or damage of any
sort incurred as the result of any such dealings or as the result of
the presence of such advertisers on this Site.
Cooperation
with Government Authorities.
If necessary and in accordance with applicable law, Company will
cooperate with local, state, federal, international and/or worldwide
government authorities to protect this Site, visitors, customers,
members, Company, its parents, subsidiaries, affiliates and their
respective members, directors, officers, employees, stockholders and
agents and operational providers, to prevent unauthorized use of this
Site.
Applicable
Laws. This
Site is controlled by us from our offices within the State of
Florida. Company makes no representation that the Materials in this
Site 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 this Site from other locations
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 or regulations. Any claim
relating to the Materials or this Site shall be governed by the
internal substantive laws of the State of Florida, without regard to
its conflict of laws principles.
Entire
Agreement.
This Agreement, including the Privacy Policy, contains the entire
agreement between you and Company relating to the subject matter
hereof, and supersedes any other oral or written communications
relating thereto. These Terms may not be amended or supplemented by
(1) any purchase order or similar form originated by you relating to
the subject matter hereof, or (2) statements of any of Company's
employees. Company reserves the right to make changes to these Terms
at any time without advance notice. Company agrees to post all
amended forms of these Terms on this Site and such amended forms
shall be effective immediately upon its posting. It is at all times
your responsibility to read the most current form of these Terms
before using this Site to ensure that you agree to the terms and
conditions of any amendments made to these Terms. You agree that
these standards for notice of amendments to these Terms are
reasonable.
Termination.
Your right to access and use this Site and/or Materials immediately
terminates without further notice upon your breach of these Terms.
Company may terminate these Terms and/or your right to use this Site
at any time, with or without cause.
Assignment.
Company may assign these Terms, in whole or in part, in its sole
discretion. You may not assign your rights under these Terms without
Company's prior written permission. Any attempt by you to assign your
rights under these Terms without Company's permission shall be
void.
Waiver
of Breach.
Any failure to enforce any term or provision of these Terms shall not
be deemed a waiver of that or any other breach of that or any other
term or provision of these Terms. In addition, any failure to enforce
any term or provision of these Terms shall not constitute a waiver of
a future breach of that or any other term or provision of these
Terms.
Force
Majeure.
Company shall not be liable for any failure or unavailability of this
Site and/or the Materials or failure by Company to perform a
transaction as a result of strikes, lockouts, calamities, acts of
God, unavailability of suppliers, the loss or destruction of data,
the deletion or corruption of storage media, power failures, natural
phenomena, riots, acts of vandalism, acts or omissions of civil or
military authority, war, terrorism or any other event beyond
Company's control.
Notice.
Company may deliver notices to you under these Terms by means of
e-mail, a general notice on http://www.FedLinks.com, or by written
communication delivered by first class U.S. mail to your address on
record in Company's account information. You may give notice to
Company at any time via e-mail to info@FedLinks.com or by letter
delivered by first class postage prepaid U.S. mail or overnight
courier to the following address:
FedLinks Legal
5405
Cypress Center Dr
STE 200
Tampa,
FL 33609
Attn: Legal Department
E-mail:
legal@FedLinks.com
If you object to any material found on this
Site, please bring your concerns to the attention of
info@FedLinks.com. The site administrator reserves the right to
remove any material alleged to be infringing any third-party rights
pending further investigation.
Headings.
The headings and sections names contained in these Terms are for
reference purposes only and shall not affect in any way the meaning
or interpretation of these Terms.
Invalidity.
If any provision of these Terms shall be held, be deemed or shall in
fact be, invalid, inoperative or unenforceable as applied to any
particular case or circumstance because of the conflicts of any
provision with any law, regulation, ordinance or for any other
reason, the provision or provisions in question shall not be invalid,
inoperative or unenforceable in any other case or circumstance, nor
shall any other provision or provisions herein contained thereby be
or become invalid, inoperative or unenforceable and such provision
shall be reformed so that it would be valid, operative and
enforceable to the maximum extent permitted in such circumstances.