© 2021 FIRESTONE BUILDING PRODUCTS COMPANY, LLC. ALL RIGHTS RESERVED.
Last Updated Date: February 22, 2021
In these Terms, “you” and “your” refer to each person who visits, uses, or accesses any of the Sites, and to his or her agents (unless the context requires otherwise), and “we”, “us” and “our” refer to FSBP. These Terms explain our obligations to you and your obligations to us in relation to the use of the Sites.
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION IN SOME SITUATIONS, WHICH MEANS THAT YOU MAY HAVE TO SUBMIT ANY DISPUTE RELATED TO THESE TERMS OR THE SITES OR SERVICES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. THE ARBITRATION PROVISION ALSO INCLUDES CLASS ACTION AND JURY TRIAL WAIVERS, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION AND WAIVE YOUR RIGHT TO A TRIAL BY JURY. DO NOT ACCESS OR USE ANY OF THE SITES IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY.
By accessing or using the Sites, you acknowledge that you have read, understand, and agree to be bound by, without limitation or qualification, these Terms and that you accept and agree to follow all applicable laws and regulations. If you do not accept and agree to these Terms, do not download, install, or use any of the Sites. To use some of the Services accessible through some of the Sites, you may need to have an active subscription to the Services. All rights that are not expressly granted under these Terms are reserved by us and our licensors or third party providers. You may use the Sites for your own personal, non-commercial use. Please read these terms carefully.
Summary of Terms
We want to highlight a few important points about these Terms. This is only a summary of major points to make you aware of certain terms. Please read all of these Terms prior to using any of the Sites.
- We limit our liability to you.
- We disclaim all warranties and representations of any kind regarding the Sites. What this means is we provide them to you “as-is” and you should carefully consider relying on them.
- We may update these Terms from time to time for different reasons. Please check these Terms regularly. When we update these Terms, we will also update the “Last Updated Date” above.
- Some services or products we or third parties provide may have additional or separate terms. Please be sure to review those terms before agreeing to anything.
- ·We require you to indemnify us and other parties related to us and hold us and those related parties harmless for any third party claims related to any account you make, your use of any of the Sites, and/or your violation of these Terms.
- “Account” means an account you create to use any App, Website, or Service (accounts may or may not be required to use an App, Website, or Service).
- “Apps” means any mobile or other software applications made available for your download, access, or use under these Terms.
- “App Provider” means any store or distribution platform (like a FSBP portal, the Apple App Store or Google Play) where an App may now or in the future be made available.
- “Arbitration Clause” means Section H of these Terms.
- “Device” means your smartphone, computer, tablet or other electronic or mobile device.
- “FSBP” has the meaning provided in the preamble to these Terms.
- “Indemnified Parties” means, collectively, FSBP, its parent, subsidiaries, affiliates, licensors, service providers, and contractors as well as their respective employees, officers, directors, and agents.
- “Service(s)” means any services provided to you by or on behalf of FSBP under these Terms and through the Apps or Websites. This term may be provided with a more specific meaning in one or more sections of these Terms with respect to a particular feature or service.
- “Site(s)” means collectively the Apps, Websites, and Services, or any of these made available to you by or on behalf of FSBP under these Terms. This term may be provided with a more specific meaning in one or more sections of these Terms with respect to a particular feature or service.
- “Submission” means any communication or other material (including any feedback, photograph, video, or other audio or visual work) you submit or post to the Sites.
- “Terms” means these Terms of Service.
- “Y/you” or “Y/your” means the person accepting these Terms.
- “W/we”, “O/our”, and “U/us” means FSBP.
- “Website(s)” means any internet web sites made available by or on behalf of FSBP under these Terms.
Other capitalized terms defined elsewhere in these Terms have those meanings wherever used in these Terms.
A. Scope. These general terms apply to your use of the Sites. Please also note that certain of the Sites may link to other Apps, Websites, and/or Services that we provide and are subject to separate terms. Please ensure that you review these Terms and any other terms prior to using any Application, Website, or Service.
B. Not a Substitute for Professional Advice. Although the Sites may provide information concerning product usage and specifications, it is not a substitute for advice from a qualified professional, and you should not act or refrain from acting on the basis of any content included in this site without seeking advice from a qualified professional.
C. Limitation of Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS OR FAILURES IN THE TRANSMISSION OF DATA, ANY COMPUTER VIRUS, ACTS OR OMISSIONS OF THIRD PARTIES THAT DAMAGE THE NETWORK OR IMPAIR WIRELESS SERVICE, DAMAGE OR INJURY CAUSED BY A FAILURE OR DELAY IN ANY OF THE SITES, INCLUDING, WITHOUT LIMITATION, IN CONNECTING A CALL TO ANY ENTITY, OR OTHER TECHNICAL DEFECT.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE, MISUSE, RELIANCE OF OR INABILITY TO USE ANY OF THE SITES OR ANY MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ON OR AVAILABLE THROUGH THE SITES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES, SO THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE LESSER OF THE AMOUNTS YOU HAVE PAID IN THE PRIOR THREE (3) MONTHS FOR THE APPLICABLE SITE THAT GAVE RISE TO LIABILITY OR FIVE DOLLARS ($5.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE TERMS REGARDING LIMITS ON LIABILITY AND VOLUNTARY SUBMISSIONS SHALL SURVIVE THE TERMINATION OF THESE TERMS, AND SHALL REMAIN IN EFFECT INDEFINITELY.
D. Disclaimer of Warranties. USE OF ANY OF THE SITES IS AT YOUR SOLE RISK AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITES AND ALL RELATED MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE HEREBY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITES, AND ALL RELATED MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PROVIDER PARTY OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE ANY WARRANTY. WITHOUT LIMITATION, WE MAKE NO WARRANTY OR GUARANTEE THAT THE USE OF ANY OF THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
F. Other Terms. Additional or different terms, conditions, and notices may apply to specific materials, information, products, software, and services offered through the Sites. In the event of any conflict, such additional or different terms, conditions, and notices will prevail over these Terms. Please review any other applicable terms, conditions, or notices.
G. Indemnity and Hold Harmless. In consideration of our provision of the Sites to you and the rights granted to you in these Terms, to the maximum extent allowable by law and unless prohibited by law, you agree to indemnify and hold Indemnified Parties harmless from and against any and all losses, damages, injuries (including death), causes of action, claims, penalties, interest, additional taxes, demands, and expenses, including reasonable legal fees and expenses, of any kind or nature arising out of, in connection with, on account of, or resulting from, any third party claim or demand made to or against any Indemnified Party(ies): (1) arising out of your access to or use of the Sites including any of their features or other services; (2) arising out of your failure to comply with these Terms; (3) relating to the inaccuracy or untruthfulness of any representation or warranty that you made under these Terms; (4) arising out of any activities of anyone other than you in connection with the Sites conducted through your account or Device; (5) arising out of access to or use of, or inability to access or use, any of the Sites through your Device; (6) arising out of any of your other activities under or in connection with these Terms or the Sites; (7) arising out of any claim or allegation that any materials, content, or data you upload or otherwise make available through the Sites infringes the intellectual property, trade secret, or other proprietary rights of any third party; or (8) arising out of your negligence, fraud, or willful misconduct. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and, in such case, you agree to and shall cooperate with our defense of such claim.
H. Arbitration. ARBITRATION CLAUSE — IMPORTANT — PLEASE REVIEW — AFFECTS YOUR LEGAL RIGHTS.
· EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN US DECIDED BY ARBITRATION AND NOT IN COURT OR BY JURY TRIAL.
· IF A DISPUTE IS ARBITRATED, YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
· DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
· In accordance with this section, any dispute, claim, or controversy arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms to arbitrate, or relating to any of the Sites shall, at your or our election, be resolved by neutral, binding arbitration and not by a court action. If federal law provides that a claim or dispute is not subject to binding arbitration, this Arbitration Clause shall not apply to such claim or dispute. Any claim or dispute is to be arbitrated by a single arbitrator on an individual basis and not as a class action. You expressly waive any right you may have to arbitrate a class action. You may choose one of the following arbitration organizations, and its applicable rules, to conduct the arbitration: JAMS (800 352-5267, www.jamsadr.com), the American Arbitration Association (800 778-7879, www.adr.org), or any other organization subject to our approval. You may get a copy of the rules of an arbitration organization by contacting the organization or visiting its website.
· Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. The arbitrator shall apply governing substantive law and the applicable statutes of limitation. Unless applicable law provides otherwise, the arbitration hearing shall be conducted in the federal district in which you reside. We will pay your filing, administration, service and case management fee, your arbitrator and hearing fee and any arbitration appeal fees you incur all up to a maximum of $5,000, unless the law requires us to pay more. The amount we pay may be reimbursed in whole or in part by decision of the arbitrator if the arbitrator finds that any of your claims are frivolous under applicable law. Each party shall be responsible for its own attorney, expert, and other fees, unless awarded by the arbitrator under applicable law. If the chosen arbitration organization’s rules conflict with this clause, then the provisions of this clause shall control. The arbitrator’s award shall be final and binding on all parties, except that you may appeal any arbitrator’s award pursuant to the rules of the arbitration organization, and we may only appeal an award against us exceeding $100,000. Any arbitration under this Arbitration Clause shall be governed by the Federal Arbitration Act (9 U.S.C. § 1 et. seq.) and not by any state law concerning arbitration.
· You retain the right to seek remedies in small claims court for disputes or claims within that court’s jurisdiction, and we agree to reimburse your filing fees for such proceedings. You also retain the right to seek individual injunctive relief in court. Neither you nor we waive the right to arbitrate by filing suit. Any court having jurisdiction may enter judgment on the arbitrator’s award. This Arbitration Clause shall survive any termination of these Terms. If any part of this Arbitration Clause, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable. If a waiver of class action rights is deemed or found to be unenforceable for any reason in a case in which class action allegations have been made, the remainder of this Arbitration Clause shall be unenforceable.
J. Intellectual Property Rights. The contents of the Sites including, but not limited to, the text, images, and video contained in the Sites and their arrangement are owned by or licensed to FSBP. All trademarks, logos and service marks used or referred to (collectively, “Trademarks”) are the property of their corresponding owners. You cannot and shall not use the Trademarks or any other content on or available through the Sites, except as we clearly allow you to in these Terms. In addition, you acknowledge that the Sites themselves are protected by copyright law. You cannot and shall not copy, reverse engineer, reproduce, republish, upload, post, transmit, or distribute the Sites or any of the content provided in or through the Sites, including, but not limited to, text, images, buttons, html code, audio and video, without our prior written permission. You cannot and shall not mirror, scrape, or deep link any content on another website or in any other media. All videos are copyrighted material and may not be copied, edited, or reproduced without our permission. If we or a third party service provider make any software, application or other materials available for you to download, access, or other use from the Sites, Services, or through the Apps and they include their own license terms, conditions, and notices, those software, applications, and other materials will be governed by their own terms, conditions, and notices. When you download, access, or use that separate content, you agree to those terms, conditions, and notices and you agree to be legally bound by them. Except for this limited permission, we do not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. We reserve the right to enforce our intellectual property rights to the fullest extent of the law.
L. Government Usage Rights. All materials, software and applications on or available through the Sites are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations.
M. Term and Termination. These Terms become effective when you download, install, or use the Sites and shall remain in effect until your use is terminated. You may terminate your access to any of the Sites at any time in accordance with any specific procedure set forth in these Terms, or if no specific procedure is provided, by discontinuing use of any of them, as applicable. Your failure to comply with these Terms will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. We reserve the right to terminate these Terms at any time if you violate these Terms or we reasonably believe your use of any of the Sites violates these Terms. Upon termination, you will no longer have a right or license to access or use the Sites and you must immediately destroy all copies of downloaded materials in your possession or control. The portions of these Terms affecting limits on liability, arbitration, and voluntary submissions will survive the termination of these Terms and continue to be in force indefinitely.
N. Security. The security, integrity, and confidentiality of your information is extremely important to us. We have implemented and maintain security measures and standards that are designed to help us protect your information from unauthorized access, disclosure, use, and modification. We review our security measures and standards and update as necessary or advisable to reflect new technology and methods. While we use such security standards and measures, we cannot guarantee that personally identifiable information or any other information you submit on or through any of the Sites will be secure because no security measures are perfect or impenetrable. Please carefully consider the information that you submit and the risks in submitting that information.
O. Alternate Login Methods. You may be able to access your account within the Sites by using features such as fingerprint recognition, facial recognition, or other biometric input, which are specific to your mobile device. These features are provided through your mobile device’s built-in functionality, and FSBP has no responsibility for any failure of these features, either where such failure may prevent you from accessing your account or where such failure may permit an unauthorized third party to access your account. When you use these features, your biometric data is stored on your device and is not transferred to, processed, or stored by or on behalf of FSBP. Be aware that if you enable features such as fingerprint or facial recognition, anyone with a fingerprint or face profile stored on your device may have access to the information contained within the Sites.
P. Links to External Sites and Services. The Sites may contain links to and from third party websites, applications, and/or services. We make no representations whatsoever about any other websites, applications, and/or services that you may access from or through any of the Sites. We are not responsible for the privacy notices or content from those websites, applications, and/or services. We expressly deny any liability whatsoever for use of such websites, applications, and/or services, or for the content, accuracy, opinions expressed and other links provided by these resources. It is up to you to take precautions to ensure that whatever you select for your use is free from viruses and meets your needs. Each of these resources may be subject to and governed by additional terms and conditions of use provided by the third parties responsible for such resources, and you are solely responsible to comply with such terms and conditions.
Q. Use of the Sites. Your use of the Sites, including but not limited to requesting or using the Services, must comply with all applicable federal, state, and local law, rules and regulations. You are prohibited from transmitting, providing or introducing any content into the Apps, Sites, or Services, or through the Sites into other systems related to the Services, that: (1) infringes any third party intellectual property, publicity or privacy rights; (2) violates any applicable law, rule, or regulation; (3) is defamatory, obscene, profane, false, threatening, pornographic, inappropriate, fraudulent, deceptive, or unprofessional; (4) creates a nuisance for our service providers, business, or other customers of the Services; (5) contains any viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, secretly intercept, or expropriate any system, or any data or personal information from or through any software or hardware associated with the Services or any vehicle; (6) attempts to gain unauthorized access to any of our other users’ accounts; (7) attempts to gain unauthorized access to our computer networks; (8) violates these Terms; or (9) is otherwise tortious or criminal. We do not generally make editorial determinations about your transmissions or any content you may provide through the Sites. However, we reserve the right to take any actions we deem necessary or appropriate to minimize any liability to us arising from your transmissions, any content you provide, your use of any App, Site, or Service, or to otherwise preserve our relationships with our service providers (including internet access providers). We will cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or content or as otherwise stated in any additional applicable terms.
R. Changes or Updates to the Sites. Subject to any other additional terms governing the Sites as set forth in the “Other Terms” section of these Terms, we reserve the right to change, modify, remove, or restrict access to or use of any features, capabilities, or components of any of the Sites or to completely remove any of the Sites in our sole discretion, at any time, and without notice or obligation to you. All information, specifications, photographs, and illustrations that are provided within any of the Sites are those available at the time of release, and we reserve the right to change materials, specifications, or design, at any time, and without notice or obligation to you. We use reasonable efforts to include accurate and up-to-date information on the Sites, however errors or omissions may occur, including information concerning price and product specifications. In addition, information, including, but not limited to, product pricing and availability, may be changed or updated without notice.
S. Third-Party Hardware, Services, Sites, and Apps. When you use the Sites, you may need to use hardware, services, and/or applications that were not developed by us and are not under our control, such as your Device, the mobile network provided by your wireless service provider, your Device’s browser, email, and/or SMS programs, dialer, and other applications. We cannot and do not assure you that these third party hardware, services, and/or applications will work correctly with the Sites and we expressly deny any liability related to the involvement and interaction with these third party hardware, services, and/or applications.
T. Data Fees, Network Costs, and Other Expenses. The Sites may make use of a data network operated by your wireless service provider to send both data and recorded audio from your Device to our servers and call centers, and to send information back to you. Depending on your data plan, you may incur charges from your wireless provider for users of their network and/or for specific services such as downloading data, videos, and/or other content, making phone calls, sending or receiving text messages, and/or emails and other services. You are solely responsible for any and all costs you incur as a result of your usage of the Sites.
U. Users Outside the United States. This Sites are controlled, operated and administered by FSBP from its offices within the United States of America. FSBP makes no representation that materials on or within the Sites are appropriate or available for use at other locations outside of the U.S. and access to them from territories where their contents are illegal is prohibited. You may not use the Sites or export the materials on or within the Sites in violation of U. S. export laws and regulations. If you access the Sites from a location outside of the United States, you are responsible for compliance with all local laws. If you reside outside the U.S., any information you provide to us on or through the Sites will be transferred out of your country and into the U.S. If you do not want your personally identifiable information or other information to leave your country, do not provide your information to us. By providing your information to us, you explicitly agree that we may transfer your information to the U.S. Please note that personally identifiable information collected on the Sites may be stored and processed in the U.S. or any other country in which the we or any of our affiliates, subsidiaries, or service providers maintain facilities.
V. Use by Children. The Sites are not intended for children under 13 years of age, and we do not knowingly collect personal information from children under 13. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at contact page.
W. Governing Law and Local Law Considerations. Any claims relating to the information, services or products made available through the Sites will be governed by the laws of the State of Tennessee, U.S.A., excluding the application of its conflicts of law rules. Subject to the terms in Section H above, you agree that venue for all actions, relating in any manner to these Terms, shall be in a federal or state court of competent jurisdiction located in Davidson County, Tennessee. Laws in some communities may restrict the use of certain features of the Sites. Please check local regulations for any requirements or restrictions on the use of the features in any of the Sites that you use. Any cause of action You may have with respect to Your use of the Site must be commenced within one (1) year after the claim or cause of action arises.
X. Contact Us. You can contact us by visiting our contact page
Y. Designated Copyright Agent. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials made available on or accessible through the Site infringe your copyright, you (or your agent) may send us a notice requesting that we remove or block the materials or disable access to them. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then- current statutory requirements imposed by the DMCA. For purpose of the DMCA, notices and counter-notices can be sent to: IPLaw@bfusa.com.
Z. Additional Services. Subject to availability, you may be able to access the following services (or additional services not listed below) through the App or Sites. FSBP IS NOT THE PROVIDER OF THESE SERVICES. These services are provided through or on behalf of one or more third-party providers. When you access these services through the Sites, you will be directed to the third-party provider’s site. Access to these services is subject to applicable terms and conditions of service made available by or on behalf of the third party provider(s). FSBP strives to keep the information below reasonably up to date, but the providers or services listed below are subject to change from time to time, and the current information may be different from the information listed below.
AA. Miscellaneous. These Terms, including any other terms, conditions, and notices you may have agreed to separately as set forth in the “Other Terms” section of these Terms, constitute the entire legal agreement between you and FSBP, which agreement governs your use of the Sites and completely replaces any prior agreements between you and FSBP in relation to the Sites. The English language version of these Terms will control and translations, if any, are non-binding and for reference only. There is no fiduciary relationship between you and us. These Terms do not create any relationship of principal and agent, partnership, joint venture, or employer and employee, between you and us. You may not enter into any contract on our behalf or bind us in any way. If any part of these Terms is deemed by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then that part will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. We may assign these Terms or any part of them without restriction or condition. You may not assign these Terms without our prior written consent. Our failure to enforce the strict performance of any provision of these Terms will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.
1. These Terms are concluded between you and FSBP, and not with the App Provider, and that FSBP (not the App Provider, to the extent the App provider is not FSBP), is solely responsible for the App.
2. To the extent you obtain an App from the Apple App Store, any licenses granted hereunder for the use of the App are limited to a license to use the App on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that the App may be accessed and used by other accounts associated with you via family sharing or volume purchasing.
3. Unless expressly stated otherwise in writing by the App Provider, the App Provider has no obligation to furnish any maintenance and support services with respect to the App.
4. To the extent the App Provider is not FSBP, you may notify the App Provider in the event of any failure of the App to conform to any applicable warranty, and the App Provider will refund the purchase price for the App to you (if applicable) and to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. To the extent that FSBP is not the App Provider, any claims, losses, liabilities, damages, costs or expenses other than the purchase price attributable to any failure to conform to any warranty will be the sole responsibility of FSBP in accordance with these Terms.
5. To the extent the App Provider is not FSBP, the App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (A) product liability claims; (B) any claim that the App fails to conform to any applicable legal or regulatory requirement; or (C) claims arising under consumer protection or similar legislation.
6. To the extent the App Provider is not FSBP, in the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, FSBP will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms.
7. To the extent the App Provider is not FSBP, the App Provider, and its subsidiaries, are third party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof.
8. You must also comply with all applicable third party terms of service when using the App.
9. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
10. To the extent you obtain an App from the Apple App Store, you agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the sections of these Terms applicable to the App, and that, upon the your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the applicable End User License Agreement against you as a third party beneficiary thereof.
CC. Accessibility. FSBP aims to ensure that individuals with disabilities can access all of the goods and services offered by FSBP. Our goal is to enable all individuals to successfully research our products and services and transact business through the Sites regardless of the use of assistive technologies. For information about our actions to improve accessibility, please visit our accessibility page. If you are having trouble accessing any portion of the Sites, please contact our Customer Service Team using the contact information provided at //www.genflex.com/accessibility-statement for assistance.
DD. Official Rules. From time to time, FSBP may offer you the opportunity to participate in certain sweepstakes, contests, games or time-sensitive training opportunities that are governed by rules specific to that promotion (“Official Rules”). The Official Rules will be presented to you at the time of your participation in the corresponding promotion. By using the Sites, you represent and warrant that you have read, understood, and agree to be bound by the Official Rules for promotions in which you participate, which are incorporated into these Terms by reference. In the event of a conflict between these Terms and the Official Rules, the Official Rules shall govern as to the promotion expressly covered by the Official Rules, and these Terms shall govern as to all other matters