Terms & Conditions
Terms & Conditions for Use of the FMF Website
By accessing, using or downloading/uploading any materials from/to this Site, you agree to these Terms and Conditions. In addition, you agree to the applicable Supplemental Terms by accessing, using, downloading materials from or uploading materials to that Additional Service.
- Copyrights. Unless otherwise noted, all information, text, articles, data, images, documents, software or other materials (collectively, “Materials”) contained on any page within this Site are copyrighted by FMF or a third party (collectively, “IP Holder”). Title to copyright in the Materials will at all times remain with the IP Holder. You may only use, download or copy the Materials contained in the Site in accordance with the Terms and Conditions. Any permitted copies of the Materials must retain the copyright notice, and any other proprietary notices contained in such Materials. Unless otherwise provided in the Terms and Conditions, you may not edit, modify, adapt or make use of the Materials without the express, prior written consent of FMF. You may not use any content contained in the Materials in any manner that may give a false or misleading impression or statement as to FMF, the IP Holder, or any third party referenced in the Materials. Nothing on this Site shall be construed as conferring any license under any IP Holder’s intellectual property rights. You agree to use the Site and the Materials and services and products on the Site or accessible via the Site only for lawful purposes. FMF MAY REVOKE ANY OF THE FOREGOING RIGHTS, AS WELL AS ANY ACCESS AND USE AUTHORIZATIONS GRANTED TO USERS OF THE SITE AT ANY TIME. Except as specifically provided in these Terms and Conditions (including any applicable Supplemental Terms), any reproduction, distribution, replication or retransmission of any information contained on this Site without the prior written consent of FMF is strictly prohibited.
- Liability Disclaimers & Limitations.
- DISCLAIMER OF WARRANTIES. THE CONTENTS OF THIS SITE, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, ARE PROVIDED “AS IS,” AND FMF MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS SITE OR ITS CONTENTS. FMF DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPLETENESS AND NON-INFRINGEMENT.
- DISCLAIMER OF ACCURACY. FMF DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. FMF RESERVES THE RIGHT TO ADD TO, CHANGE OR DELETE ITS CONTENT OR ANY PART THEREOF WITHOUT NOTICE. ANY PRICE OR AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. ADDITIONALLY, THIS SITE MAY CONTAIN INFORMATION PROVIDED BY THIRD PARTIES, WHICH INCLUDES, WITHOUT LIMITATION, THE DOCUMENTS AND SOFTWARE. FMF MAKES NO REPRESENTATION OR WARRANTY REGARDING THE ACCURACY, COMPLETENESS, TRUTH, QUALITY, SUITABILITY OR RELIABILITY OF SUCH INFORMATION. THE FMF IS NOT RESPONSIBLE FOR ANY ERRORS, OMISSIONS, OR INACCURACIES CONTAINED IN ANY INFORMATION PROVIDED BY SUCH THIRD PARTIES.
- LIMITATION ON LIABILITY. NEITHER FMF NOR ANY OF ITS MEMBERS, DIRECTORS, EMPLOYEES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR ANY INFORMATION, PRODUCTS OR SERVICES CONTAINED HEREIN, WHICH INCLUDES, WITHOUT LIMITATION, THE MATERIALS, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. THIS LIMITATION OF LIABILITY APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL AND CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
- D. LIMITATION ON LIABILITY OF COPYRIGHT HOLDERS. IP HOLDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME, PROFIT OR GOODWILL OR DAMAGE TO PROPERTY ARISING OUT OF ANY USE OF THE MATERIALS OR PERFORMANCE OR IMPLEMENTATION OF THE CONTENTS THEREOF.
- Links to Third Party Sites. FMF is not responsible for the contents of any websites that are accessible via any link on this Site or any changes or updates to the information contained in such sites. FMF provides the linked sites to you as a convenience and does not imply that FMF endorses the site, the organization operating such site, nor any products or services of that organization.
- Confidentiality & Use of Information. Unless otherwise provided in the Terms and Conditions, any communication, comments, material or feedback with regard to contents on this Site transmitted by a user of this Site via electronic mail or otherwise shall be deemed to be non-confidential and FMF shall be free to reproduce, use, disclose and distribute the information to others without limitation. Further, FMF shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including, without limitation, publication on the Site, or other FMF publications, and developing, manufacturing, and marketing products using such information.
- Governing Law and Venue. Any action, proceeding, dispute, claim or controversy arising out of or relating to this Site or these Terms and Conditions, or any FMF products or FMF services offered on or accessed via the Site, shall (i) be governed by Michigan law, without regard to its conflicts of law rules and (ii) be subject to the exclusive jurisdiction of the courts of the Michigan or of the United States District Courts located within Michigan, and you hereby submit to the jurisdiction of said courts.
- Complete Agreement; Changes to the Terms and Conditions. These Terms and Conditions represent the entire understanding relating to the use of the Site and prevail over any prior or contemporaneous, conflicting or additional, communications. FMF shall have the right to revise and modify the Terms and Conditions at any time by posting the revised Terms and Conditions on the Site. Any use of the Site after such posting shall be deemed to constitute acceptance of the revised Terms and Conditions by the user.
- Trademarks. “Field Maintenance Forum”, the FMF logo, and other FMF logos and titles are trademarks or service marks of FMF. Nothing contained in the Site should be construed as granting any license or right to use any trademark displayed on the Site without prior written permission of FMF or other trademark owners.
- Indemnification. You agree to defend, indemnify, and hold harmless FMF, its officers, directors, employees, members, agents and affiliates from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your breach of the Terms and Conditions, including without limitation, the Supplemental Terms.
- Termination. FMF may terminate this agreement and your access and use of the Site, or any portion of the Site, in the event of any conduct by you or through your account which FMF, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of the Terms and Conditions.