READ THE FOLLOWING. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OR CONDITIONS SET FORTH BELOW, DO NOT ACCESS OR OTHERWISE USE THIS WEB SITE. YOUR ACCESS AND USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO ABIDE BY THE TERMS AND CONDITIONS SET FORTH BELOW.
Introduction. This Web site (this “Site”) contains information related to the products and services of FIGMD, Inc. (“we”, “us” or “our”). While the terms and conditions set forth below contain the terms and conditions applicable to your use of this Site and the services, products and information on this Site, the terms and conditions set forth below do not contain all applicable terms, conditions, limitations or exclusions related to our products or services.
Disclaimer. USE OF THIS SITE AND THE SERVICES, PRODUCTS AND INFORMATION ON THIS SITE ARE AT YOUR SOLE RISK. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS OR THE RELIABILITY OF ANY INFORMATION ON THIS SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON SUCH INFORMATION SHALL BE AT YOUR SOLE RISK. THIS SITE AND THE INFORMATION ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE). SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability. YOU UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES OR LOSS OF PRODUCTS, USE, DATA OR OTHER INTANGIBLE LOSSES), EVEN IF YOU OR WE HAVE BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, OR THE INFORMATION, PRODUCTS OR SERVICES PROVIDED ON THIS SITE, OR THE COST OF OBTAINING SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM PURCHASES OR TRANSACTIONS ENTERED INTO THROUGH THIS SITE, OR ANY STATEMENT OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THIS SITE OR THE INFORMATION, PRODUCTS OR SERVICES PROVIDED ON THIS SITE. SOME JURISDICTIONS DO NOT PERMIT THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND THEREFORE, SOME OF THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
General Terms. We reserve the right, at our sole discretion, to change, modify, add or remove any portion of the foregoing terms and conditions, in whole or in part, at any time. Changes in these terms and conditions will be effective when notice of such change is posted. Your continued use of this Site after any changes to these terms and conditions are posted will be considered acceptance of those changes. These terms and conditions constitute the entire agreement between you and us in connection with your use of this Site and the information, products and services provided on this Site. Any cause of action you may have with respect to your use of this Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions or portion thereof to be unenforceable, then that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms and conditions and the remainder of these terms and conditions shall continue in full force and effect. In the event of any termination of these terms and conditions, the disclaimers and limitations of liabilities set forth above will survive indefinitely. This Site is controlled, operated and administered by us from our offices in Rockford, Illinois, the United States of America. As such, these terms and conditions shall be governed by the laws of the State of Illinois, without giving effect to its conflict of laws provisions, and you and us agree that all actions or proceedings arising in connection with use of this Site, the information, products and services provided on this Site or these terms and conditions shall be tried and litigated exclusively in the State and Federal courts located in Illinois, the United States of America. Accessing this Site shall constitute effective execution and delivery of these terms and conditions by you.
Copyright Notice. Except as otherwise noted on this Site, the contents of this Site are copyrighted 2004 by us. All rights are reserved. No part of the materials on this Site (including, without limitation, text, graphics and code) may be reproduced or transmitted in any form by any means without our express written permission.
Trademark Notice. The FIGMD name, the FIGMD logo and the other trademarks, service marks and logos (collectively, the “Trademarks”) displayed in this Site are registered and unregistered trademarks of us and other persons and entities. Nothing contained on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on this Site without the express written permission of the person or entity that owns such Trademark.