For FES International, Inc. and Affiliate Internet Web Sites
Last Modified: January, 2014
2. LAWS AND REGULATIONS
User access to and use of a SITE is subject to all applicable international, federal, state and local laws and regulations.
3. COPYRIGHT INFORMATION
All pages within a SITE are the property of FES International or its Affiliate, unless other ownership is indicated. All information and content, including any software programs available on or through a SITE are protected by copyright. A user is permitted to download information from a SITE that, by its nature or context, is to be copied in order to use SITE-related services. A user is permitted to download information from a SITE for private personal use. A user is prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any content available on or through a SITE for any commercial or public purpose unless the user has the prior written permission of FES International or its Affiliate.
4. TRADE NAMES AND TRADEMARKS
FES International, Inc., and the names of all Affiliates are trade names and/or service marks or trademarks of FES International or its Affiliates. FES InternationalSM, Partnered SuccessSM, The Global Leader In Power System OptimizationSM, Your Partner In Energy OptimizationSM, Energy Optimization GuaranteedSM, are registered trademarks or service marks of FES International. The FES SolutionTM, The FES CalculatorTM, are trademarks or service marks of FES International.
All other trademarks, service marks and logos used in a SITE are the trademarks, service marks or logos of FES International, the respective Affiliate, or other third party owners.
Users of a SITE are prohibited from using any FES International or Affiliate trade name, trademark, or service mark for any purpose without the written permission of FES International. This includes but is not limited to use as metatags on other pages or sites on the World Wide Web.
5. RISK ASSUMPTION
Unless specifically provided for in the content of a SITE, a user of a site assumes total responsibility and risk of use of the site and related services.
6. SITE ACCURACY
Although FES International and its Affiliates attempt to ensure the integrity and accuracy of all sites, the information, software, products and descriptions of services published on a SITE may include inaccuracies or typographical errors. Other than as required under applicable law or regulation, FES International and its affiliates specifically disclaim any liability for any inaccuracies or errors on a site or a linked site.
Other than as required under applicable law or regulation, FES International and its affiliates do not endorse and are not responsible for (a) the accuracy or reliability of any opinion, advice or statement made by any party through a site or a linked site, or (b) the capabilities or reliability of any product or service obtained from a linked site.
Other than as required under applicable law or regulation, it is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any opinion, advice, or other content available through a site, or obtained from a linked site. A user agrees to seek the advice of a professional, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.
7. WARRANTY DISCLAIMER
All content, products, and services on a site or referenced on a site, or obtained from a site to which a site is linked (a linked site) are provided “as is” without warranty of any kind either express, implied or statutory, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.
8. LIMITATION OF LIABILITY FOR USE OF A SITE
Other than as required under applicable law or regulation, FES International and its affiliates and any of their respective officers, directors, employees, or agents are not liable, whether in contract, tort, strict liability or otherwise, for any indirect, punitive, special, consequential, incidental or indirect damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with or relating in any way to a site, site-related services and/or content or information contained within a site, the use of a site or a linked site, or with the delay or inability to use a site or a linked site, even if FES International and its affiliates are made aware of the possibility of such damages. This limitation of liability includes, but is not limited to, the transmission of any viruses which may infect a user’s equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., a user cannot access his/her internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. FES International and its affiliates cannot and do not guarantee continuous, uninterrupted or secure access to a site.
Other than as required under applicable law or regulation, under no circumstance will FES International or its affiliates be liable for any loss or damage caused by a user’s reliance on information obtained through a site or a linked site, or user’s reliance on any product or service obtained from a linked site.
9. LIMITATION OF REMEDY
Unless specifically provided by law or otherwise stated specifically in a SITE, a user’s sole remedy for problems with a site and/or site-related services is to notify FES International or the applicable affiliate of any problems with the site. FES International’s or an affiliate’s sole obligation will be to attempt to correct any problems with the site.
10. LIMITATION OF LIABILITY FOR SERVICES ARRANGED THROUGH THE SITE WITH ENTITIES OTHER THAN FES INTERNATIONAL OR ITS AFFILIATES
For products or services obtained from third parties other than FES International or an affiliate, user agrees that FES International or its affiliate is a mere facilitator for the provider of products or services available through the site. Any and all claims regarding any failure or breach with respect to a product or service offered through the site are limited to claims against the product or service provider. FES International and its affiliates hereby disclaim any liability, whether based on contract, tort, strict liability or otherwise, including without limitation liability for any direct, punitive, special, consequential, incidental or indirect damages, in connection with the goods or services provided by a third party through the site, including, without limitation, liability for any act, error, omission, injury, loss, accident, delay or irregularity which may be incurred through the fault, negligent or otherwise, of such third party supplier.
11. LINKED INTERNET SITES
FES International and its Affiliates prohibit caching, unauthorized hypertext links to a SITE and the framing of any content available through a SITE. FES International and its Affiliates reserve the right to disable any unauthorized links or frames and specifically disclaim any responsibility for the content available on any other Internet sites linked to a SITE. Access to any other Internet sites linked to a SITE is at the user’s own risk.
12. CONFIDENTIALITY OF USER COMMUNICATIONS
[Applies to message boards or chat rooms on a SITE.] FES International and its Affiliates are under no obligation to review any messages, information, or Content (“Postings”) posted on a SITE by users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, FES International or its Affiliate may from time to time monitor the Postings on a SITE and may decline to accept and/or may remove any Postings that contain:
- Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.
- Advertisements or solicitations of any kind. [Note – This does not apply to a SITE with message boards containing classified advertisements.]
- Messages posted by users impersonating others.
- Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references.
- Messages by non-spokesperson employees of FES International or its Affiliates purporting to speak on behalf of FES International or its Affiliates or containing confidential information or expressing opinions concerning FES International or its Affiliates.
- Messages that offer unauthorized downloads of any copyrighted or private information.
- Multiple messages placed within individual folders by the same user restating the same point.
- Chain letters of any kind.
14. TRANSMISSION OF PERSONAL DATA
[Applies to a SITE through which proprietary Customer account data may be transmitted.] User acknowledges and agrees that by providing FES International or an Affiliate with any personal or proprietary user information through a SITE, the user consents to the transmission of such personal or proprietary user information over international borders as necessary for processing in accordance with FES International or its Affiliates’ standard business practices.
User should be aware that Linked Sites might contain transmission of personal data provisions that differ from the provisions provided herein. FES International and its affiliates are not responsible for such provisions, and expressly disclaim any and all liability related to such provisions.
Customers of FES International or an Affiliate may receive solicitations derived from customer lists obtained from non-Site-related sources. Such solicitations do not result from Web Site contacts.
15. USERS BOUND BY SITE CONTENT OR CHANGES TO SITE CONTENT
FES International or an Affiliate may make changes or improvements to a SITE or to information on a SITE at any time. Changes may be made to a Linked Site at any time. Users of a SITE or a Linked Site are deemed to be apprised of, and bound by, the Content or terms and conditions appearing on a SITE or a Linked Site as of the date of use of the SITE or Linked Site.
18. ACCESS TO PASSWORD PROTECTED/SECURE AREAS
Access to and use of password protected and/or secure areas of a SITE is restricted to authorized users only. Unauthorized individuals attempting to access these areas of a SITE may be subject to prosecution.
19. USE OF “COOKIE” FILE FEATURES
20. JURISDICTION/GOVERNING LAW
Users of this SITE agree to submit to the laws of the State of Florida, USA and applicable federal law without regard to conflicts of laws principles.