FORMAT DYNAMICS WEBSITE TERMS AND CONDITIONS OF USE
These Terms and Conditions of Use ("Terms and Conditions") are an agreement between you and Format Dynamics, Inc. ("Format Dynamics," "we," "us," and "our"), and govern your use of the Format Dynamics website located at www.formatdynamics.com (the "Site").
Your access to and use of the Site is subject to the following Terms and Conditions and all applicable laws. These Terms and Conditions may be changed by us from time to time without notice to you, and the latest version will be posted on the Site. You should review these Terms and Conditions when you use the Site to ensure that you have a current understanding of the most recent Terms and Conditions. The Site is not intended for children under the age of 13 years. By accessing and browsing the Site, you accept, without limitation or qualification, these Terms and Conditions.
Ownership
Unless otherwise indicated, the Site and its design, text, content, and other matters related to the Site ("Content") are protected under applicable copyrights, trademarks and other proprietary laws (including, but not limited to, intellectual property laws), and all rights therein are the property of Format Dynamics or the material is included with the permission of the rights owner. Except as otherwise provided herein, none of the Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, without our express prior written permission. Permission is hereby granted to lawfully access and use the Site to display, download, archive and print, portions of the Site on a temporary basis for your individual use, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials. You may not otherwise modify or download any Content on the Site without the prior express written permission of Format Dynamics.
The Format Dynamics logo, all product names, page headers, custom graphics, button icons, trademarks, service marks and logos appearing on the Site, unless otherwise noted, are service marks, trademarks (whether registered or not) and/or trade dress of Format Dynamics (the "Marks"). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on the Site are the property of their respective owners. You are not authorized to display or use the Marks in any manner without our prior written permission. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
Data Processing Consent
By agreeing to these Terms and Conditions, you agree to the terms of our Privacy Policy. All personal data provided to us as a result of your use of the Site will be handled in accordance with our Privacy Policy.
Our Obligations
Your account, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your password and username. You agree to use the Site in a manner consistent with any and all applicable laws, rules and regulations. You agree not to upload or transmit through the Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to the Site is strictly prohibited. Format Dynamics reserves all rights and remedies available to it. You agree to indemnify, release and hold us harmless as well as our officers, directors, agents, representatives and employees from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these Terms and Conditions or your access or use of the Site.
Click-Through Agreements
These Terms and Conditions may be supplemented or amended by the terms of a "click-through" agreement or other end user license agreement (collectively "EULAs") between you and Format Dynamics. For example, when you download certain Content from our Site, you may be asked to agree to special terms governing your use of that Content. In such cases, you may be asked to expressly consent to the special terms, for example, by checking a box or clicking a button marked "I agree." If the terms relating to the subject matter of these Terms and Conditions are different than those special terms, the special terms will supplement or amend these Terms and Conditions.
Disclaimers
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SITES OR THE CONTENT, WHICH ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITES AND ANY WEBSITE WITH WHICH THEY ARE LINKED. WE DO NOT WARRANT THAT THE SITES, THEIR SERVERS OR EMAIL SENT FROM US WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA.
Exclusion of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR EMPLOYEES, AGENTS, SUPPLIERS, AND CONTRACTORS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR ANY WEBSITE WITH WHICH THEY ARE LINKED. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the limitations & exclusions set out in these Terms and Conditions may not apply to you.
Intellectual Property Policy
Format Dynamics respects the intellectual property of third parties, and takes matters of alleged intellectual property infringement seriously. If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on the Site or has been otherwise copied or made available by Format Dynamics on the Site or elsewhere in a way that constitutes copyright infringement, please send a notice of the alleged infringement to Format Dynamics including all of the following information: An electronic or physical signature of the intellectual property owner, or an agent authorized to act on behalf of the owner;
A description of the work that you claim has been infringed (including the URL, location on the website, title and/or item number (if applicable) or other identifying characteristics);
Your name, company name, address, telephone number, fax number, and email address (and, if you are not the owner of the intellectual property, the name of the owner);
A statement by you that you have a good-faith belief that the described use of the work is not authorized by the intellectual property owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner.
Please send the notice of alleged infringement to Format Dynamics' agent for notice of claims of intellectual property infringement by any of the following:
Attn: Copyright Agent
Email: (containing an electronic or physical signature) legal@formatdynamics.com
Fax: 303-573-1818
Mail: 1700 Broadway, Suite 400, Denver, CO 80290
Modification and Discontinuation
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Site (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Site.
General
These Terms and Conditions (together with our Privacy Policy, which is incorporated herein) and any EULAs you may enter into with Format Dynamics, contain the entire understanding between you and us with respect to use of the Site. Our failure to enforce any provision of these Terms and Conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision. In the event any provision of these Terms and Conditions is determined to be invalid, such invalidity will not affect the validity of the remaining portions, and the parties will substitute for the invalid provision a provision which most closely approximates the intent and economic effect of the invalid provision. These Terms and Conditions will be governed by and construed under the laws of the State of Colorado in the United States of America, without regard to conflict of law principles. Access to, or use of, the Site may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing the Site. You hereby consent and waive all objection to the exclusive jurisdiction of the federal and state courts in the State of Colorado and venue therein to resolve any controversy or claim arising out of or relating to use of the Site. If you have any questions, you may contact us at legal@formatdynamics.com or call us at 800-768-2272.
