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1. Terms
By accessing FSIM.org, you are agreeing to be bound by these website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing FSIM.org.
The materials contained in this website (including but not limited to images, logo, content, and newsletters) are protected by applicable copyright and trademark law.
All intellectual property rights are reserved. You may view and/or print pages from our website for your own personal use subject to restrictions set in these terms and conditions. You must not:
Visitors, viewers, users, subscribers, members, affiliates, or customers, collectively referred to herein as “Visitors,” or “You” or “Your” are parties to this agreement. The website and its owners and/or operators are parties to this agreement, herein referred to as “Website” or “FSIM.org” or “FSIM”.
2. Use
You agree not to use FSIM.org, materials, products, and services for any purpose that is unlawful or prohibited by these terms. By way of example, and not as a limitation, you agree not to use FSIM.org:
3. Disclaimer
The content and materials on FSIM’s website are provided “as is”. FSIM makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, FSIM does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the content and materials on its Internet website or otherwise relating to such materials or on any sites linked to this site.
4. Content Liability
FSIM will have no responsibility or liability for any content appearing on visitor or other websites. You agree to indemnify and defend us against all claims arising out of or based upon your website. No link(s) may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise, violates, or advocates the infringement or other violation of, any third party rights.
5. Access
FSIM.org reserves the right to deny access to FSIM.org or to discontinue FSIM membership, email, or newsletter subscriptions through FSIM.org and any third party used (e.g. Constant Contact) and maintained by FSIM to any person or site user for any reason.
6. Cookies
FSIM may employ the use of cookies. By using FSIM ‘s website you consent to the use of cookies in accordance with FSIM’s privacy policy. When used, cookies enable site functionality and ease of use for site visitors. Some of our affiliate/advertising partners may also use cookies.
FSIM.org does not currently use but may use without notice in the future: cookies to store visitors’ preferences, to record user-specific information on what pages users visit, to customize Website content based on visitors’ browser type or other information that the visitor sends.
You may, at any time, block the setting of cookies on your computer by the FSIM.org, through privacy preferences on your internet browser (e.g. Google Chrome, Safari, Firefox, Internet Explorer.) Also, you may delete already set cookies at any time via your internet browser or other software programs. However, if you deactivate the setting of cookies in your Internet browser, not all functions of our Website may be entirely usable.
7. Limitations
In no event shall FSIM, its resources, or members be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption arising out of the use or inability to use the materials on FSIM’s site, even if FSIM or a FSIM authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
8. Revisions and Errata
Materials appearing on FSIM’s website could include technical, typographical, or photographic errors. FSIM does not warrant that any of the materials on its website are accurate, complete, or current. FSIM may make changes to the materials contained on its website at any time without notice. FSIM does not, however, make any commitment to update the materials.
9. Disclaimer or harm caused to your computer, hardware, or software
FSIM.org assumes no responsibility for damage your computers or software of any person you subsequently communicate with from corrupting code or data that is inadvertently passed to the your computer. Again, you view and interact with FSIM.org, banners, pop-ups, links or advertising at your own risk. You download information from FSIM.org at your own risk. FSIM.org makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms.
10. Reservation of Rights
FSIM reserves the right at any time and in its sole discretion to request that you remove all links or any particular link to our website. You agree to immediately remove all links to FSIM.org upon such request. FSIM also reserves the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our FSIM.org, you agree to be bound to and abide by these linking terms and conditions.
11. Links
FSIM has not reviewed all of the sites linked to its Internet website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by FSIM of the site. Use of any such linked website is at the user’s own risk.
12. Removal of links from our website
If you find any link on FSIM.org or any linked website objectionable for any reason, you may contact us about this. FSIM will consider requests to remove links but will have no obligation to do so or to respond directly to you.
13. Site Terms of Use Modifications
FSIM may revise these terms of use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
14. Children’s Information
FSIM.org does not knowingly collect any personally identifiable information from children under the age of 16. If a parent or guardian believes that FSIM.org has personally identifiable information of a child under the age of 16 in its database, please contact us at website@fsim.org and we will use our best efforts to promptly remove such information from our records.
15. Disputes and Binding Arbitration
As part of the consideration that the FSIM.org requires for viewing, using or interacting with this website, you/visitor agree to use binding arbitration for any claim, dispute, or controversy of any kind (whether in contract, tort or otherwise) arising out of or relating to FSIM.org website use, FSIM membership or other product purchase; all products – content, downloads, links - , including solicitation issues, privacy issues, and terms of use issues.
Arbitration shall be conducted pursuant to the rules of the American Arbitration Association and takes effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. Hearing or any other federal or state court jurisdiction will take place at FSIM headquarters location of Minneapolis, Minnesota.
In no case shall you, the viewer, visitor, member, subscriber or customer have the right to go to court or have a jury trial. Viewer, visitor, member, subscriber or customer will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal.
The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, and travel expenses.