Last Updated: March 4, 2016
User Registration. To use the Site, you must register or be invited to register as a member. Your site usage membership will remain active until cancelled. You may cancel your membership at any time by contacting firstname.lastname@example.org. As part of the registration process, you will select a password and a login name. You may not use a login name of another entity or person. You may not disclose or share your password to any third parties or use your password for any unauthorized purpose. You agree to notify FHI at email@example.com any unauthorized use of your account or breach of security, including loss, theft, or unauthorized disclosure of your password. You will be responsible for maintaining the confidentiality of your password(s). You represent and warrant that any information that you input into the Site is accurate to the best of your knowledge.
The Site. This Site provides a service (“Service(s)”) whereby FHI provides access to a facility asset management system for one or more of their clients. FHI will use diligent efforts to maintain the Site; however, operation of the Site and Services available over the Internet may be interfered with by numerous factors outside of FHI’s control and it cannot guarantee continuous, uninterrupted access to such Services.
Eligibility. This Site is not available for use by minors (those under 18 years of age, or otherwise under applicable law), or individuals or organizations who cannot form legally binding contracts under applicable law. If you do not qualify, please do not use the Site. If you reside in a country that is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the United States or its citizens, you may not use this Site.
Your Information. Any information you provide to FHI during your registration or use of FHI Services, is subject to the following:
- Your Content. You are solely responsible for the content of your information or Proposed Solutions. FHI acts merely as a conduit for the distribution and/or publication of that information. FHI reserves the right to take any action with respect to such information that it deems necessary or appropriate in its sole discretion if FHI believes information is inappropriate for the Site or the Services, may create liability for FHI, or may cause FHI to lose (in whole or in part) the services of its Internet service provider, advertisers, or other suppliers. You agree that your information will be accurate and will not, to the best of your knowledge: (a) infringe any third party’s copyright, trademark, patent or other proprietary rights or rights of publicity or privacy, (b) violate any law (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising), or (c) be libelous, unlawfully threatening, or unlawfully harassing.
Ownership and Limited License. (a) FHI shall retain all ownership in the Site and all content generated by it that is displayed on the Site. FHI grants you a nonexclusive, revocable right to use the Site provided that you do not (i) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, (ii) modify or attempt to modify the Site in any manner or form except that you have the right to modify your self-generated content on the Site. The license granted to you by FHI is a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of FHI. This license does not include any copying or distribution, resale or commercial use of this Site or its contents; any derivative use of this Site or its contents; any downloading or copying of information for the use or benefit of another; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of FHI. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of FHI without express written consent. You may not use any meta tags or any other “hidden text” utilizing FHI’s name or trademarks without the express written consent of FHI. Any unauthorized use terminates the permission or license granted by FHI. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of facilityhealthinc.com so long as the link does not portray FHI, or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any FHI logo or other proprietary graphic or trademark as part of the link without express written permission.
System Integrity/Compliance. You agree not to use any device, software or routine to interfere with the proper working of the Site or which is intended to damage, interfere with, surreptitiously intercept or expropriate any system, data or personal information. You agree not to take any action that imposes an unreasonable load on our infrastructure. You agree not to take any actions which may undermine the integrity of any feedback system, such as: leaving feedback for yourself; leaving feedback for other users using secondary accounts or third parties; or leaving feedback intended to influence action that is outside the scope of the Site. You are solely responsible for compliance with all applicable laws and regulations regarding your use of the Services and transfers of technologies in which you are involved, including without limitation all applicable import/export requirements, and FHI will have no responsibility with respect thereto.
Proprietary Rights/Copyright. All rights in and to the methodologies used and materials provided in connection with the Services are proprietary to FHI. The materials utilized by FHI in rendering Services are protected by copyright, both with respect to individual content and as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You may not modify, publish, create derivative works from, distribute or otherwise exploit any of the FHI methodologies or materials without our prior written consent. You agree to comply with all copyright and proprietary rights notices contained on or in any FHI materials or information obtained or accessed through the Services.
No Warranties. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS”. FHI MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING NO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, RESPECTING THE SERVICES.
Limited Liability. FHI SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS, EXPENSES OR OTHER COSTS (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) YOU SUFFER OR INCUR AS A RESULT OF THIRD PARTY CLAIMS RELATING TO YOUR USE OF THE SERVICES. UNDER NO CIRCUMSTANCES WILL FHI BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES IN EXCESS OF $100 REGARDLESS OF THE CAUSE. You agree that you will be responsible for, and at FHI’s request defend FHI from, third party claims arising out of information you provide to FHI for publication or any breach by you of this agreement.
Digital Millennium Copyright Act (“DMCA”). FHI complies with the provisions of the DMCA. If you have a concern regarding the use of copyrighted material on the Site, please contact the agent designated to respond to reports of alleged copyright infringement. The designated agent for FHI is Hans Nelson, 6250 Jupitar Ave NE, Belmont, MI 49306, firstname.lastname@example.org. Under the DMCA, all infringement claims must be in writing, and must include the following: (i) a physical or electronic signature of the copyright holder or person to act on their behalf; (ii) a description of the copyrighted work claimed to have been infringed, or if multiple works may have be covered, a representative list of such works where the copyright is claimed to be infringed; (iii) a description of the material that is claimed to be infringing of the copyrighted work; (iv) information reasonably sufficient to allow FHI to contact you, which should include your address, telephone number, and an e-mail address; (v) a statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or applicable law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.