Terms of Use
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TERMS AND CONDITIONS FOR USE OF WEBSITE – VERSION 1.0 (“TERMS”)
Please read these Terms carefully. By accessing the website, www.fpexpert.com (the “Site”), whether directly or via other domains that are forwarded thereto, you agree to be bound by these Terms. If you do not agree with these Terms, do not continue accessing the Site.
The information contained in the Site is for informational purposes only. We do not warrant the completeness, timeliness, reliability or accuracy of such information, nor do we undertake any duty or obligation to update any content on the Site. The information and materials contained, referenced or linked to in the Site, and these Terms, are subject to change without notice. The information on the Site
is neither an offer to sell nor a solicitation of an offer to purchase any security, commodity, other financial instrument or investment, or financial or advisory product or service, nor does it constitute any business, investment, financial, legal, regulatory, tax or accounting advice.
The Site and its content, including without limitation all textual and graphic material, is our property (or is licensed by us), and may not be used, modified, copied, transmitted, displayed, disclosed, distributed, licensed, sold, loaned, transferred, exchanged, altered, framed, linked to, stored for subsequent use, integrated into other material, or otherwise used or disposed of, in any manner, in whole or in part, whether for compensation or otherwise, without our prior express written approval. Any such approval granted by us may be revoked at any time, for any reason or no reason, and without notice. Furthermore, any link of this Site to any site that (i) violates any law, regulation, order, policy, guideline, or protocol, (ii) infringes the patent, copyright, trademark, service mark, trade name, trade secret, or other intellectual property rights of others or violates any privacy, publicity, or personal rights of others, or (iii) contains defamatory, obscene, threatening, abusive, bullying, or hateful information or expressions, is expressly prohibited. By accessing and using the Site and thereby agreeing to these Terms, you are granted a limited license to view the Site and to download information and print out hard copies of its content for your personal use, provided that you do not remove any copyright, trademark, service mark, or trade name identification, and you properly attribute such content to us and/or the Site.
You may only use the Site for lawful purposes, and you may not disrupt, modify or interfere with the Site, including without limitation its content, any associated software, hardware, or servers, or any use of the Site by us or any other person. You may only use the Site in compliance with all applicable U.S. local, state, and federal and non-U.S. laws, regulations, orders, policies, guidelines, and protocols. Any unauthorized use of the Site, including without limitation misuse of any information posted to the Site, is strictly prohibited. We reserve the right to restrict or limit immediately your access and right to use the Site at any time, for any reason or no reason, and without notice.
Your use of the Site is at your sole risk. Any material downloaded or otherwise obtained through the Site is done at your sole risk, and you will be solely responsible for any damage to your and any other person’s computer system or any component connected thereto and any loss of data that results from the download of such material (intentional or otherwise).
We make no warranties of any kind (express or implied) and, to the extent permitted by law, expressly disclaim any implied warranties of merchantability, non-infringement of third party rights, freedom from viruses or other harmful code, or fitness for any purpose. The Site (including without limitation all of its content and links) and any services described in or provided through it are provided on an “as is” and “as available” basis. We will not be liable for any delay, difficulty in use, inaccuracy of information, computer virus, malicious code, cookies, or other defect in the Site or any incompatibility between the Site and its content and any browser, software, or hardware.
You waive any claims that you may have against us and any of our affiliates, members, officers, employees, representatives, service providers or agents (“Site Parties”) for any and all claims, liabilities, losses, damages, fees, fines, expenses, costs, and other amounts (including without limitation attorneys’, accountants’ and other professional fees and costs) that you or any of your affiliates, owners, officers, employees, representatives, or agents or any third parties associated or linked with you or your business or website (“your parties”) may incur or suffer (directly or indirectly) as a result of your breach of these Terms or any use of, or inability to use, the Site or any portion thereof. In particular, we will not be liable to you or your parties for any lost profits, lost opportunities, or indirect, consequential, incidental, special, punitive, or exemplary damages arising out of, or in connection with, breach of these Terms, use of, or inability to use, the Site or any portion thereof, any transmission of a virus, or any technical defect whatsoever, regardless of whether we have or had notice of such damages, virus or defect or the possibility thereof. However, we may make claims against you for breach of these Terms or improper or unauthorized use of the Site by you or your parties.
By your use, you agree to: (i) indemnify, defend, and hold harmless, each Site Party from and against any and all claims, liabilities, losses, damages, fees, fines, costs, expenses, and other amounts (including without limitation reasonable attorneys’, accountants’ and other professional fees and costs and other costs of investigation and defense) incurred or suffered (directly or indirectly) by such Site Party arising out of, or in connection with, breach of these Terms or use of, or inability to use, the Site or any portion thereof by you or your parties; and (ii) reimburse, on a calendar monthly basis, any Site Party for any and all attorneys’, accountants’ and other professional fees and costs and other costs of investigation and defense incurred or suffered (directly or indirectly) by such Site Party in connection with any matter subject to indemnification by you.
You will cooperate as fully as reasonably required in the defense of any claim, proceeding, dispute, or matter subject to indemnification by you. We reserve the right, at our own expense, to assume the exclusive defense and control of any such matter. You will not enter into any settlement agreement or other arrangement in connection with such matter that in any way affects the rights or obligations of any Site Party or requires any action, forbearance, or payment by any of them, without our prior express written approval.
These Terms and the content of the Site are made under, will be governed by, and will be interpreted and enforced in accordance with, the law of the State of Florida. Any action or proceeding to enforce these Terms or any dispute or controversy relating to these Terms or the Site or its content will be exclusively submitted to, and resolved by, a Florida or U.S. federal court situated in or closest to Tampa, Florida. You irrevocably submit to, and waive any right to object to, the jurisdiction and venue of such courts. You irrevocably waive any right to trial by jury in such courts.
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect notwithstanding such invalid or unenforceable provision.
These Terms may change from time to time, and all updates or replacements will be posted on the Site and effective as of the date of posting. The current version of these Terms can be accessed via the Site. You are responsible for reading the current Terms from time to time if you are a recurring user of the Site.
Questions or Concerns
Please contact James Lovely (jlovely@fpexpert.com) with questions or concerns relating to these Terms or their implications for you. Any consent or approval sought from us in connection with the Site or these Terms must be obtained from him.