Agreement Between User and FMS Inc.
The FMS Inc. website is comprised of various web pages
operated by FMS Inc.
The FMS Inc. website is offered to you conditioned on your
acceptance without modification of the terms, conditions, and notices contained
herein. Your use of the FMS Inc. website constitutes your agreement to all such
terms, conditions, and notices.
Modification of These Terms of Use
FMS Inc. reserves the right to change the terms, conditions,
and notices under which the FMS Inc. website is offered, including but not
limited to the charges associated with the use of the FMS Inc. website.
Links to Third Party Sites
The FMS Inc. website may contain links to other websites
(“Linked Sites”). The Linked Sites are not under the control of FMS Inc. and FMS
Inc. is not responsible for the contents of any Linked Site, including without
limitation any link contained in a Linked Site, or any changes or updates to a
Linked Site. FMS Inc. is not responsible for webcasting, or any other form of
transmission received from any Linked Site. FMS Inc. is providing these links
to you only as a convenience, and the inclusion of any link does not imply
endorsement by FMS Inc. of the site or any association with its operators.
No Unlawful or Prohibited Use
As a condition of your use of the FMS Inc. website, you
warrant FMS Inc. that you will not use the FMS Inc. website for any purpose
that is unlawful or prohibited by these terms, conditions, and notices. You may
not use the FMS Inc. website in any manner which could damage, disable,
overburden, or impair the FMS Inc. website or interfere with any other party’s
use and enjoyment of the FMS Inc. website. You may not obtain or attempt to
obtain any materials or information through any means not intentionally made
available or provided for through the FMS Inc. website(s).
Use of Communication Services
The FMS Inc. website may contain bulletin board services,
chat areas, news groups, forums, communities, personal web pages, calendars,
and/or other message or communication facilities designed to enable you to
communicate with the public at large or with a group (collectively,
“Communication Services”). You agree to use the Communication Services only to
post, send and receive messages and material that are proper and related to the
particular Communication Service. By way of example, and not as a limitation,
you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner. - Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
FMS Inc. has no obligation to monitor the Communication
Services. However, FMS Inc. reserves the right to review materials posted to a
Communication Service and to remove any materials in its sole discretion. FMS
Inc. reserves the right to terminate your access to any or all of the
Communication Services at any time without notice for any reason whatsoever.
FMS Inc. reserves the right at all times to disclose any
information as necessary to satisfy any applicable law, regulation, legal
process or governmental request, or to edit, refuse to post or to remove any
information or materials, in whole or in part, in FMS Inc.’s sole discretion.
Always use caution when giving out any personally
identifying information about yourself or your children in any Communication
Service. FMS Inc. does not control or endorse the content, messages or
information found in any Communication Service and, therefore, FMS Inc.
specifically disclaims any liability with regard to the Communication Services
and any actions resulting from your participation in any Communication Service.
Managers and hosts are not authorized FMS Inc. spokespersons, and their views
do not necessarily reflect those of FMS Inc..
Materials uploaded to a Communication Service may be subject
to posted limitations on usage, reproduction and/or dissemination. You are
responsible for adhering to such limitations if you download the materials.
Materials Provided to FMS Inc. or Posted at any FMS Inc.
Website
FMS Inc. does not claim ownership of the materials you
provide to FMS Inc. (including feedback and suggestions) or post, upload, input
or submit to any FMS Inc. website or its associated services (collectively
“Submissions”). However, by posting, uploading, inputting, providing or
submitting your Submission you are granting FMS Inc., its affiliated companies
and necessary sublicensees permission to use your Submission in connection with
the operation of their Internet businesses including, without limitation, the
rights to: copy, distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate and reformat your Submission; and to publish your
name in connection with your Submission.
No compensation will be paid with respect to the use of your
Submission, as provided herein. FMS Inc. is under no obligation to post or use
any Submission you may provide and may remove any Submission at any time in FMS
Inc.’s sole discretion.
By posting, uploading, inputting, providing or submitting
your Submission you warrant and represent that you own or otherwise control all
of the rights to your Submission as described in this section including,
without limitation, all the rights necessary for you to provide, post, upload,
input or submit the Submissions.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED
IN OR AVAILABLE THROUGH THE FMS INC. WEBSITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
FMS INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE FMS
INC. WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE FMS Inc. WEBSITE SHOULD NOT
BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU
SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR
SITUATION.
FMS Inc. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT
THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE
FMS INC. WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.
FMS INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES
AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL FMS INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE FMS
INC. WEBSITE, WITH THE DELAY OR INABILITY TO USE THE FMS INC. WEBSITE OR
RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH
THE FMS Inc. WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE FMS INC.
WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF FMS INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY
PORTION OF THE FMS INC. WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE FMS INC. WEBSITE.
SERVICE CONTACT: Should you have other questions or concerns
about these terms of use, please visit our Contact
Us Page.
Termination / Access Restriction
FMS Inc. reserves the right, in its sole discretion, to
terminate your access to the FMS Inc. website and the related services or any
portion thereof at any time, without notice. GENERAL To the maximum extent
permitted by law, this agreement is governed by the laws of the State of Okalhoma,
U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts
in Tulsa County, Oklahoma, U.S.A. in all disputes arising out of or relating to
the use of the FMS Inc. website. Use of the FMS Inc. website is unauthorized in
any jurisdiction that does not give effect to all provisions of these terms and
conditions, including without limitation this paragraph. You agree that no
joint venture, partnership, employment, or agency relationship exists between you
and FMS Inc. because of this agreement or use of the FMS Inc. website. FMS Inc.’s
performance of this agreement is subject to existing laws and legal process,
and nothing contained in this agreement is in derogation of FMS Inc.’s right to
comply with governmental, court and law enforcement requests or requirements
relating to your use of the FMS Inc. website or information provided to or
gathered by FMS Inc. with respect to such use. If any part of this agreement is
determined to be invalid or unenforceable pursuant to applicable law including,
but not limited to, the warranty disclaimers and liability limitations set
forth above, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely matches the
intent of the original provision and the remainder of the agreement shall
continue in effect. Unless otherwise specified herein, this agreement
constitutes the entire agreement between the user and FMS Inc. with respect to
the FMS Inc. website and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral, or written, between the
user and FMS Inc. with respect to the FMS Inc. website. A printed version of
this agreement and of any notice given in electronic form shall be admissible
in judicial or administrative proceedings based upon or relating to this
agreement to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained in printed
form. It is the express wish to the parties that this agreement and all related
documents be drawn up in English.
Trademarks
The names of actual companies and products mentioned herein
may be the trademarks of their respective owners.
The example companies, organizations, products, people and
events depicted herein are fictitious. No association with any real company,
organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
Notices and Procedures for Making Claims of Copyright
Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.
Messaging and Opt-In Consent
Regarding text messaging opt-in data and consent provided on this site; this information will not be shared with, or sold to, any third parties. Any information collected in the course of obtaining express consent to receive account notification text messages is managed in compliance with all applicable privacy laws.
How to Contact Us
Should you have other questions or concerns about these
terms of use, please visit our Contact
Us page for more information.
