Terms of Use

Introduction; Your Agreement to these Terms of Use.

Welcome to the Silicon Valley Chapter of Financial Executives International ("FEISV") web­site and ser­vices.  The fol­low­ing Terms of Use apply to all users of www.FEISV.org and its asso­ci­ated web­sites and ser­vices (col­lec­tively, the "FEISV Site").  The fol­low­ing Terms of Use for the FEISV Site is a legal con­tract between you, an indi­vid­ual user or a sin­gle entity (col­lec­tively or indi­vid­u­ally "Users"), and FEISV regard­ing your use of the FEISV Site.  Together, Users and FEISV are referred to herein indi­vid­u­ally as "Party" or col­lec­tively as the "Parties".  When using the FEISV Site, you will be sub­ject to any addi­tional posted guide­lines or rules applic­a­ble to spe­cific ser­vices and fea­tures which may be posted from time to time (the "Guidelines").  All Guidelines are hereby incor­po­rated by ref­er­ence into these Terms of Use.

BEFORE USING THE FEISV SITE, PLEASE READ CAREFULLY THE FOLLOWING TERMS OF USE.  BY REGISTERING FOR AND/OR ACCESSING, BROWSING, OR USING THE FEISV SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, INCLUDING THE GUIDELINES, AND ANY FUTURE MODIFICATIONS (COLLECTIVELY, THE "TERMS OF USE" OR "TERMS").  IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE FEISV SITE.

1. Eligibility.In order to use the FEISV Site, you must be the age of major­ity in your juris­dic­tion and fully able and com­pe­tent to enter into the terms, con­di­tions, oblig­a­tions, affir­ma­tions, rep­re­sen­ta­tions and war­ranties set forth in these Terms and to abide by and com­ply with these Terms.  You rep­re­sent that you meet the eli­gi­bil­ity require­ments in this Section.  In any case, you affirm that you are over the age of 13, as the FEISV Site is not intended for chil­dren under 13.  If you are using or open­ing an account on the FEISV Site on behalf of a com­pany, entity, or orga­ni­za­tion (col­lec­tively "Subscribing Organization"), then you rep­re­sent and war­rant that you: are an autho­rized rep­re­sen­ta­tive of that Subscribing Organization with the author­ity to bind such orga­ni­za­tion to these Terms; and agree to be bound by these Terms on behalf of such Subscribing Organization.
2. Privacy Notice.  Your pri­vacy is impor­tant to FEISV.  FEISV’s Privacy Notice at http://www.feisv.org/privacy-policy/ is hereby incor­po­rated into these Terms by ref­er­ence.  Please read this notice care­fully for infor­ma­tion relat­ing to FEISV’s col­lec­tion, use, and dis­clo­sure of your per­sonal information.
3. Modification of the Terms.FEISV reserves the right, at our dis­cre­tion, to change, mod­ify, add, or remove por­tions of these Terms at any time with­out notice to you.  All changes shall be effec­tive imme­di­ately.  In the event of a mate­r­ial change, we will notify you via the most recent e-mail address that you have pro­vided to us in con­junc­tion with your account.  Please check these Terms peri­od­i­cally for changes.  Your con­tin­ued use of the FEISV Site after the post­ing of changes con­sti­tutes your bind­ing accep­tance of such changes.
4. FEISV Site Access. FEISV grants you per­mis­sion to use the FEISV Site as set forth in these Terms, pro­vided that and for so long as (i) you use the FEISV Site solely for your per­sonal or inter­nal busi­ness use; (ii) except as expressly per­mit­ted in these Terms, you do not down­load, repro­duce, redis­trib­ute, retrans­mit, pub­lish, resell, dis­trib­ute, pub­licly dis­play or oth­er­wise exploit any por­tion of the FEISV Site in any medium with­out FEISV’s prior writ­ten autho­riza­tion; (iii) you do not alter or mod­ify any part of the FEISV Site other than as may be rea­son­ably nec­es­sary to use the FEISV Site for its intended pur­poses; (iv) you do not engage in any of the pro­hib­ited uses described below; and (v) you oth­er­wise fully com­ply with these Terms.  The FEISV Site is con­trolled and offered by FEISV from its facil­i­ties in the United States of America.  FEISV makes no rep­re­sen­ta­tions that the FEISV Site is appro­pri­ate or avail­able for use in other loca­tions.  If you are access­ing or using the FEISV Site from other juris­dic­tions, you do so at their own risk and you are respon­si­ble for com­pli­ance with local law.
5. Ownership; Proprietary Rights.
As between the Parties, the FEISV Site includ­ing the con­tent, visual inter­faces, inter­ac­tive fea­tures, infor­ma­tion, graph­ics, design, com­pi­la­tion, com­puter code, prod­ucts, soft­ware, ser­vices, and all other ele­ments of the FEISV Site that are pro­vided by FEISV ("

FEISV Materials

") are owned and/or licensed by FEISV.  FEISV Materials do not include Non-FEISV Content (as defined below).  Except as expressly autho­rized by FEISV, you agree not to sell, license, dis­trib­ute, copy, mod­ify, pub­licly per­form or dis­play, trans­mit, pub­lish, edit, adapt, cre­ate deriv­a­tive works from, or oth­er­wise make unau­tho­rized use of the FEISV Site or the FEISV Materials.  FEISV reserves all rights not expressly granted in these Terms.  User shall not acquire any right, title, or inter­est to the FEISV Materials, except for the lim­ited rights set forth in these Terms.
1. User Content.
   1. General. The FEISV Site may now or in the future per­mit you and other users to post or link media, text, audio and video record­ings, pho­tos, graph­ics, com­men­tary or any other con­tent ("User Content"), and to host and/or share such User Content.  User Content is not con­trolled by FEISV.  FEISV makes no rep­re­sen­ta­tions that your User Content will remain avail­able via the FEISV Site in any way and may remove your User Content in its sole discretion.
   2. Grant of Rights. By sub­mit­ting User Content to FEISV through the FEISV Site, you hereby grant FEISV and its affil­i­ates a world­wide, non-exclusive, fully paid-up, royalty-free, per­pet­ual, irrev­o­ca­ble, trans­fer­able license, with the right to grant and autho­rize sub­li­censes, to use, repro­duce, dis­trib­ute, mod­ify, adapt, pre­pare deriv­a­tive works of, dis­play, per­form, and oth­er­wise exploit your User Content in con­nec­tion with the FEISV Site and FEISV’s (and its successor’s) busi­ness, includ­ing with­out lim­i­ta­tion for pro­mot­ing and redis­trib­ut­ing part or all of the FEISV Site (and deriv­a­tive works thereof) in any media for­mats and through any media chan­nels now known or here­after dis­cov­ered.  You grant FEISV and its affil­i­ates and sub­li­censees the right to use the name that you sub­mit in con­nec­tion with such User Content if they choose.  You also agree to irrev­o­ca­bly waive (and cause to be waived) any claims and asser­tions of moral rights or attri­bu­tion with respect to your User Content.  You also hereby grant to each user of the FEISV Site a non-exclusive license to access your User Content through the FEISV Site, and to use, repro­duce, dis­trib­ute, pre­pare deriv­a­tive works of, dis­play, and per­form such User Content as per­mit­ted by the func­tion­al­ity of the FEISV Site and these Terms.
   3. Your Representations and Warranties Regarding User Content.You shall be solely respon­si­ble for your own User Content and the con­se­quences of post­ing such con­tent.  In con­nec­tion with User Content, you affirm, rep­re­sent, and/or war­rant that: (i) you own, or have the nec­es­sary licenses, rights, con­sents, and per­mis­sions to use and autho­rize FEISV to use, all patent, trade­mark, copy­right, or other pro­pri­etary rights in and to any and all User Content to enable inclu­sion and use of User Content in the man­ner con­tem­plated by FEISV and these Terms, and to grant the rights and license set forth in this Section, and (ii) your User Content, FEISV’s use of such User Content pur­suant to these Terms, and FEISV’s exer­cise of the license rights set forth in this Section, do not and will not: (a) infringe, vio­late, or mis­ap­pro­pri­ate any third-party right, includ­ing any copy­right, trade­mark, patent, trade secret, moral right, pri­vacy right, right of pub­lic­ity, or any other intel­lec­tual prop­erty or pro­pri­etary right; (b) slan­der, defame, libel, or invade the right of pri­vacy, pub­lic­ity or other prop­erty rights of any other per­son; or © vio­late any applic­a­ble law or regulation.
   4. Prohibited Uses of User Content. Except as oth­er­wise per­mit­ted by these Terms, in con­nec­tion with your User Content, you fur­ther agree that you will not pub­lish, post, sub­mit, trans­mit through or oth­er­wise make avail­able to the FEISV Site: (i) any false­hoods or mis­rep­re­sen­ta­tions that could dam­age FEISV or any third party; (iii) any mate­r­ial which is unlaw­ful, defam­a­tory, libelous, slan­der­ous, porno­graphic, obscene, abu­sive, pro­fane, vul­gar, sex­u­ally explicit, threat­en­ing, harass­ing, harm­ful, hate­ful, racially or eth­ni­cally offen­sive or oth­er­wise objec­tion­able, or which encour­ages con­duct that would be con­sid­ered a crim­i­nal offense, give rise to civil lia­bil­ity, vio­late any law or any right of pri­vacy or pub­lic­ity, or is oth­er­wise inap­pro­pri­ate; (iv) adver­tise­ments or solic­i­ta­tions of busi­ness, prod­ucts, or ser­vices; or (v) any mate­r­ial that would be harm­ful to minors in any manner.
2. Non-FEISV Content Disclaimer. You under­stand that when using the FEISV Site you will be exposed to User Content and other third party con­tent (together, the "Non-FEISV Content") from a vari­ety of sources, and that you may be exposed to Non-FEISV Content that is inac­cu­rate, offen­sive, inde­cent, or oth­er­wise objec­tion­able.  FEISV does not endorse any Non-FEISV Content or any opin­ion, rec­om­men­da­tion, or advice expressed therein.  Under no cir­cum­stances will FEISV be liable in any way for or in con­nec­tion with the Non-FEISV Content, includ­ing, but not lim­ited to, for any inac­cu­ra­cies, errors or omis­sions in any Non-FEISV Content, any intel­lec­tual prop­erty infringe­ment with regard to any Non-FEISV Content, or for any loss or dam­age of any kind incurred as a result of the use of any Non-FEISV Content posted, emailed or oth­er­wise dis­played or trans­mit­ted through the FEISV Site.
3. Non-Monitoring of Users and Non-FEISV Content. You under­stand that you, and not FEISV, are entirely respon­si­ble for all User Content that you upload, post, e-mail, trans­mit or oth­er­wise make avail­able through the FEISV Site.  FEISV does not con­trol the Non-FEISV Content posted by Users or oth­er­wise made avail­able by other per­sons and does not have any oblig­a­tion to mon­i­tor such Non-FEISV Content for any pur­pose.  If at any time, FEISV chooses, in its sole dis­cre­tion, to mon­i­tor the Non-FEISV Content, FEISV nonethe­less assumes no respon­si­bil­ity for the Non-FEISV Content, no oblig­a­tion to mod­ify or remove any inap­pro­pri­ate Non-FEISV Content, and no respon­si­bil­ity for the con­duct of the user sub­mit­ting any such Non-FEISV Content.  You agree that you must eval­u­ate, and bear all risks asso­ci­ated with the use of any User Content or other Non-FEISV Content, includ­ing any reliance on the accu­racy, com­plete­ness, use­ful­ness, or legal­ity of such User Content or other Non-FEISV Content.
4. Removal of Non-FEISV Content. FEISV and its designees shall have the right (but not the oblig­a­tion) in their sole dis­cre­tion to refuse to post or remove any Non-FEISV Content that is avail­able on the FEISV Site in whole or in part at any time for any rea­son or no rea­son, with or with­out notice and with no lia­bil­ity of any kind.
5. Prohibited Uses of the FEISV Site.
   1. As a con­di­tion of your use of the FEISV Site, you hereby rep­re­sent and war­rant that you will not use the FEISV Site for any pur­pose that is unlaw­ful or pro­hib­ited (includ­ing with­out lim­i­ta­tion, the pro­hi­bi­tions in this Section) by these Terms.
   2. Any use by you of any of the FEISV Materials and FEISV Site other than for your per­sonal or inter­nal busi­ness use is strictly pro­hib­ited.  You agree not to repro­duce, dupli­cate, copy, sell, trade, resell, dis­trib­ute, or exploit any por­tion of the FEISV Site, use of the FEISV Site, access to the FEISV Site, or Non-FEISV Content obtained through the FEISV Site, for any pur­pose other than for your per­sonal or inter­nal busi­ness use.
   3. You agree not to use the FEISV Site if you do not meet the eli­gi­bil­ity require­ments described in Section 1 above.
   4. You agree not to defame, harass, abuse, threaten, stalk or defraud users of the FEISV Site, or col­lect, or attempt to col­lect, per­sonal infor­ma­tion about users or third par­ties with­out their consent.
   5. You agree not to inten­tion­ally inter­fere with or dam­age, impair or dis­able the oper­a­tion of the FEISV Site or any user’s enjoy­ment of it, by any means, includ­ing upload­ing or oth­er­wise dis­sem­i­nat­ing viruses, worms, spy­ware, adware, or other mali­cious code.
   6. You agree not to remove, cir­cum­vent, dis­able, dam­age or oth­er­wise inter­fere with any security-related fea­tures of the FEISV Site, fea­tures that pre­vent or restrict the use or copy­ing of any part of the FEISV Site, or fea­tures that enforce lim­i­ta­tions on the use of the FEISV Site.
   7. You agree not to attempt to gain unau­tho­rized access to the FEISV Site, or any part of it, other accounts, com­puter sys­tems or net­works con­nected to the FEISV Site, or any part of it, through hack­ing, pass­word min­ing or any other means or inter­fere or attempt to inter­fere with the proper work­ing of the FEISV Site or any activ­i­ties con­ducted through the FEISV Site
   8. You agree not to obtain or attempt to obtain any mate­ri­als or infor­ma­tion through any means not inten­tion­ally made avail­able through the FEISV Site.  You agree nei­ther to mod­ify the FEISV Site in any man­ner or form, nor to use mod­i­fied ver­sions of the FEISV Site, includ­ing (with­out lim­i­ta­tion) for the pur­pose of obtain­ing unau­tho­rized access to the FEISV Site.
   9. You agree that you will not use any robot, spi­der, scraper, or other auto­mated means to access the FEISV Site for any pur­pose with­out our express writ­ten per­mis­sion or bypass our robot exclu­sion head­ers or other mea­sures we may use to pre­vent or restrict access to the FEISV Site.
   10. You agree not to uti­lize fram­ing tech­niques to enclose any trade­mark, logo, or other FEISV Materials with­out our express writ­ten con­sent.  You agree not to use any meta tags or any other "hid­den text" uti­liz­ing FEISV’s name or trade­marks with­out FEISV’s express writ­ten consent.
   11. You agree to imme­di­ately deac­ti­vate and delete any links to the FEISV Site, which FEISV finds objec­tion­able in its sole dis­cre­tion, upon receipt of notice from FEISV. You agree not to use any FEISV logos, graph­ics, or trade­marks as part of the link with­out our express writ­ten consent.
   12. You agree not to make unso­licited offers, adver­tise­ments, pro­pos­als, or send junk mail or spam to other users of the FEISV Site.  This includes, but is not lim­ited to, unso­licited adver­tis­ing, pro­mo­tional mate­ri­als or other solic­i­ta­tion mate­r­ial, bulk mail­ing of com­mer­cial adver­tis­ing, chain mail, infor­ma­tional announce­ments, char­ity requests, and peti­tions for signatures.
   13. You agree not to reverse engi­neer, decom­pile, dis­as­sem­ble or oth­er­wise attempt to dis­cover the source code of the FEISV Site or any part thereof, except and only to the extent that such activ­ity is expressly per­mit­ted by applic­a­ble law notwith­stand­ing this limitation.
   14. You agree not to mod­ify, adapt, trans­late, or cre­ate deriv­a­tive works based upon the FEISV Site or any part thereof, except and only to the extent that such activ­ity is expressly per­mit­ted by applic­a­ble law notwith­stand­ing this limitation.
   15. You agree not to imper­son­ate another per­son or entity, or falsely state or oth­er­wise mis­rep­re­sent your affil­i­a­tion with a per­son or entity.
6. Account Information. In order to access some fea­tures of the FEISV Site, you will have to cre­ate an account.  You rep­re­sent and war­rant that the infor­ma­tion you pro­vide to FEISV upon reg­is­tra­tion and, at all other times, will be true, accu­rate, cur­rent, and com­plete.  You also rep­re­sent and war­rant that you will ensure that this infor­ma­tion is kept accu­rate and up-to-date at all times.  You acknowl­edge, con­sent, and agree that FEISV may access, pre­serve and dis­close your account infor­ma­tion and User Content if required to do so by law or in a good faith belief that such access preser­va­tion or dis­clo­sure is rea­son­ably nec­es­sary to (a) comply with legal process; (b) enforce the Terms; © respond to claim that any User Content vio­lates the rights of third par­ties; (d) provide cer­tain cus­tomized fea­tures of the FEISV Site to you, if any, or respond if you con­tact FEISV for any rea­son; or (e) protect the rights, prop­erty, or per­sonal safety of FEISV, the users, and the public.
7. Password. If you reg­is­ter you will be asked to pro­vide a pass­word.  As you will be respon­si­ble for all activ­i­ties that occur under your pass­word, you should keep your pass­word con­fi­den­tial.  You are solely respon­si­ble for main­tain­ing the con­fi­den­tial­ity of your account and pass­word and for restrict­ing access to your com­puter, and you agree to accept respon­si­bil­ity for all activ­i­ties that occur under your account or pass­word.  If you have rea­son to believe that your account is no longer secure (for exam­ple, in the event of a loss, theft, or unau­tho­rized dis­clo­sure or use of your account ID or pass­word), you shall imme­di­ately notify FEISV.  You may be liable for the losses incurred by FEISV or oth­ers due to any unau­tho­rized use of your account.
8. Dealings with Advertisers and other Users. Your cor­re­spon­dence or busi­ness deal­ings with, or par­tic­i­pa­tion in pro­mo­tions of, adver­tis­ers and other Users found on or through the FEISV Site are solely between you and such adver­tiser or User.  YOU AGREE THAT FEISV WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS OR USERS ON THE FEISV SITE.
9. Links and Third Party Websites. FEISV, Users, or third par­ties may pro­vide links on the FEISV Site to other sites includ­ing the con­tent therein ("Reference Sites").  FEISV has no con­trol over such Reference Sites or con­tent, and there­fore makes no claim or rep­re­sen­ta­tion regard­ing, and expressly dis­claims respon­si­bil­ity for, the accu­racy, qual­ity, legal­ity, nature, avail­abil­ity, or reli­a­bil­ity of Reference Sites or con­tent linked to by the FEISV Site.  FEISV pro­vides links to you only as a con­ve­nience, and the inclu­sion of any link on the FEISV Site does not imply our affil­i­a­tion, endorse­ment, or adop­tion of the linked site or any infor­ma­tion therein.  ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON REFERENCE SITES OR AVAILABLE THROUGH REFERENCE SITES, IS SOLELY AT YOUR OWN RISK.  Our terms and poli­cies do not gov­ern your use of any site other than the FEISV Site.  You should review applic­a­ble terms and poli­cies, includ­ing the pri­vacy and data gath­er­ing prac­tices, of any Reference Sites.
10. Availability of Service. FEISV may make changes to or dis­con­tinue any of the media, web com­mu­ni­ties, prod­ucts, or ser­vices avail­able within the FEISV Site at any time, and with­out notice.  The media, prod­ucts, or ser­vices on the FEISV Site may be out of date, and FEISV makes no com­mit­ment to update these mate­ri­als on the FEISV Site.
11. User Disagreements. You are solely respon­si­ble for your involve­ment with other users of the FEISV Site.  FEISV reserves the right, but has no oblig­a­tion, to mon­i­tor dis­agree­ments between you and other users.  FEISV DISCLAIMS ALL LIABILITY RELATED TO ANY USER DISAGREEMENT.
12. Terms of Use Violations; Termination.
    1. FEISV. You agree that FEISV, in its sole dis­cre­tion and for any or no rea­son, may ter­mi­nate any account (or any part thereof) you may have through the FEISV Site or your use of the FEISV Site, and remove and dis­card all or any part of your account or any User Content, at any time.  You agree that your access to the FEISV Site or any account you may have or por­tion thereof may be ter­mi­nated with­out prior notice, and you agree that FEISV shall not be liable to you or any third-party for any such ter­mi­na­tion.  These reme­dies are in addi­tion to any other reme­dies FEISV may have at law or in equity.
    2. User. If you are dis­sat­is­fied with the FEISV Site, please let us know at info@FEISV.org.  Your input is valu­able to us.  Your only rem­edy with respect to any dis­sat­is­fac­tion with (i) the FEISV Site, (ii) any term of these Terms, (iii) any pol­icy or prac­tice of FEISV in oper­at­ing the FEISV Site, or (iv) any con­tent or infor­ma­tion trans­mit­ted through the FEISV Site, is to ter­mi­nate these Terms and your account.  You may ter­mi­nate these Terms at any time by clos­ing your account and dis­con­tin­u­ing your use of any and all parts of the FEISV Site and pro­vid­ing notice of ter­mi­na­tion at info@FEISV.org.
13. Indemnification; Hold Harmless.You agree to indem­nify and hold harm­less FEISV, and its par­ent, sub­sidiaries, affil­i­ates or any related com­pa­nies (includ­ing those which share sub­stan­tially com­mon own­er­ship), and the offi­cers, direc­tors, employ­ees, agents and rep­re­sen­ta­tives of any of them from any and all claims, losses, oblig­a­tions, dam­ages, lia­bil­i­ties, costs, debt, and expenses (includ­ing attorney’s fees) aris­ing out of (i) your use or mis­use of the FEISV Site; (ii) your User Content, includ­ing FEISV’s use, dis­play or other exer­cise of its license rights granted herein with respect to your User Content; (iii) your vio­la­tion of these Terms; (iv) your vio­la­tion of the rights of any other per­son or entity, includ­ing claims that any User Content infringes or vio­lates any third party intel­lec­tual prop­erty rights; (v) your breach of the fore­go­ing rep­re­sen­ta­tions, war­ranties, and covenants; and (vi) any unau­tho­rized use of your account not caused by FEISV.  FEISV reserves the right, at your expense, to assume the exclu­sive defense and con­trol of any mat­ter for which you are required to indem­nify us and you agree to coop­er­ate with our defense of these claims.  You agree not to set­tle any mat­ter with­out the prior writ­ten con­sent of FEISV.  FEISV will use rea­son­able efforts to notify you of any such claim, action, or pro­ceed­ing upon becom­ing aware of it.
14. Disclaimers; No Warranties.
    1. Acknowl­edge­ment. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 19, THE TERM FEISV INCLUDES FEISV’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, AFFILIATES, AND SUBCONTRACTORS.
    2. No war­ranties.TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FEISV DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FEISV OR THROUGH THE FEISV SITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
    3. "As is" and "As avail­able" and "With All Faults." YOU EXPRESSLY AGREE THAT THE USE OF THE FEISV SITE IS AT YOUR SOLE RISK.  THE FEISV SITE, USER CONTENT, NON-FEISV CONTENT, AND ANY OTHER THIRD-PARTY MEDIA, CONTENT, SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE FEISV SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
    4. Website Operation and Non-FEISV Content. FEISV DOES NOT WARRANT THAT THE FEISV MATERIALS, USER CONTENT, NON-FEISV CONTENT, FEISV SITE, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE FEISV SITE OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DOES NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
    5. Accuracy. FEISV DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE FEISV SITE OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
    6. Harm to Your Computer. YOU UNDERSTAND AND AGREE THAT YOUR USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE FEISV SITE (INCLUDING RSS FEEDS) OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
15. Limitation of Liability and Damages.
    1. Limitation of Liability. UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL FEISV OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE FEISV MATERIALS AND USER CONTENT ON THE FEISV SITE OR ANY REFERENCE SITES, THE FEISV SITE ITSELF, OR ANY OTHER INTERACTIONS WITH FEISV, EVEN IF FEISV OR A FEISV AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    2. Limitation of Damages. IN NO EVENT SHALL FEISV OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE FEISV SITE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS ($100 USD).
    3. Third Party Products and Services. SOME USERS MAY USE THE FEISV SITE TO MARKET PRODUCTS AND/OR SERVICES.  THE ABOVE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY SUCH PRODUCTS OR SERVICES MARKETED, SOLD OR PROVIDED BY USERS, OR OTHERWISE BY THIRD PARTIES OTHER THAN FEISV AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE FEISV SITE OR THIRD PARTY SITES, INCLUDING WITHOUT LIMITATION ANY REFERENCE SITES.
16. Limitations by Applicable Law; Basis of the Bargain.
    1. Limitations by Applicable Law. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.  THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
    2. Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT FEISV HAS OFFERED ITS PRODUCTS AND SERVICES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND FEISV, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND FEISV.  YOU ACKNOWLEDGE AND AGREE THAT FEISV WOULD NOT BE ABLE TO PROVIDE THE FEISV SITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
17. Digital Millennium Copyright Act Compliance.
    1. Notification of Infringement.  It is FEISV’s pol­icy to respond to clear notices of alleged copy­right infringe­ment that com­ply with the Digital Millennium Copyright Act ("DMCA").  In addi­tion, we will promptly ter­mi­nate with­out notice the accounts of those deter­mined by us to be "repeat infringers". If you are a copy­right owner or an agent thereof, and believe that any User Submission or other Non-FEISV Content infringes upon your copy­rights, you may sub­mit a noti­fi­ca­tion pur­suant to the DMCA by pro­vid­ing our Copyright Agent des­ig­nated below with the fol­low­ing infor­ma­tion in writ­ing (see 17 U.S.C § 512©(3) or con­sult your own legal coun­sel to con­firm these require­ments): (i) A phys­i­cal or elec­tronic sig­na­ture of a per­son autho­rized to act on behalf of the owner of an exclu­sive right that is allegedly infringed; (ii) Identification of the copy­righted work claimed to have been infringed, or, if mul­ti­ple copy­righted works on the FEISV Site are cov­ered by a sin­gle noti­fi­ca­tion, a rep­re­sen­ta­tive list of such works from the Site; (iii) Identification of the mate­r­ial that is claimed to be infring­ing or to be the sub­ject of infring­ing activ­ity and that is to be removed or access to which is to be dis­abled, and infor­ma­tion rea­son­ably suf­fi­cient to per­mit FEISV to locate the mate­r­ial; (iv) Information rea­son­ably suf­fi­cient to per­mit FEISV to con­tact the com­plain­ing party, such as an address, tele­phone num­ber, and, if avail­able, an elec­tronic mail address at which the com­plain­ing party may be con­tacted; (v) A state­ment that the com­plain­ing party has a good faith belief that use of the mate­r­ial in the man­ner com­plained of is not autho­rized by the copy­right owner, its agent, or the law; and (vi) A state­ment that the infor­ma­tion in the noti­fi­ca­tion is accu­rate, and under penalty of per­jury, that the com­plain­ing party is autho­rized to act on behalf of the owner of an exclu­sive right that is allegedly infringed.Upon tak­ing down allegedly infring­ing mate­r­ial, we will notify the party which orig­i­nally posted the mate­r­ial of such takedown.Please note that under Section 512(f) of the DMCA, any per­son who know­ingly mate­ri­ally mis­rep­re­sents that mate­r­ial or activ­ity is infring­ing may be sub­ject to liability.
    2. Counter Notification. If you elect to send our Copyright Agent a counter notice, to be effec­tive it must be a writ­ten com­mu­ni­ca­tion that includes the fol­low­ing (please con­sult your legal coun­sel or See 17 U.S.C. Section 512(g)(3) to con­firm these require­ments): (i) A phys­i­cal or elec­tronic sig­na­ture of the sub­scriber; (ii) Identification of the mate­r­ial that has been removed or to which access has been dis­abled and the loca­tion at which the mate­r­ial appeared before it was removed or access to it was dis­abled; (iii) A state­ment under penalty of per­jury that the sub­scriber has a good faith belief that the mate­r­ial was removed or dis­abled as a result of mis­take or misiden­ti­fi­ca­tion of the mate­r­ial to be removed or dis­abled; and (iv) The subscriber’s name, address, and tele­phone num­ber, and a state­ment that the sub­scriber con­sents to the juris­dic­tion of Federal District Court for the judi­cial dis­trict in which the address is located, or if the subscriber’s address is out­side of the United States, for any judi­cial dis­trict in which FEISV may be found, and that the sub­scriber will accept ser­vice of process from the per­son who pro­vided noti­fi­ca­tion under sub­sec­tion ©(1)© or an agent of such person.Please note that under Section 512(f) of the DMCA, any per­son who know­ingly mate­ri­ally mis­rep­re­sents that mate­r­ial or activ­ity was removed or dis­abled by mis­take or misiden­ti­fi­ca­tion may be sub­ject to liability.
    3. Designated Copyright Agent. FEISV’s Designated Copyright Agent to receive noti­fi­ca­tions and counter-notifications of claimed infringe­ment can be reached as fol­lows: [NAME], [EMAIL], [TELEPHONE], [FAX].
18. Miscellaneous.
    1. Notice. FEISV may pro­vide you with notices, includ­ing those regard­ing changes to these Terms, by email, reg­u­lar mail, or post­ings on the FEISV Site.  If Notice is by e-mail or mail, it will be pro­vided to the e-mail or reg­u­lar mail­ing address pro­vided by you with your account infor­ma­tion and it is your respon­si­bil­ity to update such account infor­ma­tion for any changes.  Notice to you will be deemed given twenty-four hours after email is sent, unless FEISV is noti­fied that the email address is invalid, and if through postal mail, three days after the date of mail­ing.  You may pro­vide FEISV with notices by email to the address indi­cated in sub­sec­tion (l) below.
    2. Governing Law. These Terms shall be gov­erned by and con­strued in accor­dance with the laws of the State of California, with­out giv­ing effect to any prin­ci­ples of con­flicts of law.
    3. Jurisdiction. You agree that any action at law or in equity aris­ing out of or relat­ing to these Terms or the FEISV Site shall be filed only in the state or fed­eral courts in and for Santa Clara County, California and you hereby con­sent and sub­mit to the per­sonal and exclu­sive juris­dic­tion and venue of such courts for the pur­poses of lit­i­gat­ing any such action.
    4. Waiver. A pro­vi­sion of these Terms may be waived only by a writ­ten instru­ment exe­cuted by the party enti­tled to the ben­e­fit of such pro­vi­sion.  The fail­ure of FEISV to exer­cise or enforce any right or pro­vi­sion of these Terms will not con­sti­tute a waiver of such right or provision.
    5. Severability. If any pro­vi­sion of these Terms shall be unlaw­ful, void, or for any rea­son unen­force­able, then that pro­vi­sion shall be deemed sev­er­able from these Terms and shall not affect the valid­ity and enforce­abil­ity of any remain­ing provisions.
    6. Assignment. The Terms and any rights and licenses granted here­un­der, may not be trans­ferred or assigned by you, but may be assigned by FEISV with­out restric­tion.  Any assign­ment attempted to be made in vio­la­tion of these Terms shall be void.
    7. Independent Contractor. You agree that no joint ven­ture, part­ner­ship, employ­ment, or agency rela­tion­ship exists between you and FEISV as a result of these Terms or use of the FEISV Site.  You fur­ther acknowl­edge that by sub­mit­ting User Content or other Non-FEISV Content, no con­fi­den­tial, fidu­ciary, con­trac­tu­ally implied or other rela­tion­ship is cre­ated between you and FEISV other than pur­suant to these Terms.
    8. Survival. Sections 5, 6, 16, 18, 19, 20, 21, 22 and 23 will sur­vive any ter­mi­na­tion of these Terms or your account whether by you or FEISV.
    9. Headings. The head­ing ref­er­ences herein are for con­ve­nience pur­poses only, do not con­sti­tute a part of these Terms, and shall not be deemed to limit or affect any of the pro­vi­sions hereof.
    10. Entire Agreement. This is the entire agree­ment between you and FEISV relat­ing to the sub­ject mat­ter herein and super­sedes all pre­vi­ous com­mu­ni­ca­tions, rep­re­sen­ta­tions, under­stand­ings and agree­ments, either oral or writ­ten, between the par­ties with respect to said sub­ject mat­ter.  These Terms shall not be mod­i­fied except in a writ­ing, signed by both par­ties, or by a change to these Terms or Guidelines made by FEISV as set forth in Section 3 above.
    11. Claims.  YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU ARISING OUT OF OR RELATED TO THE FEISV SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.  OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
    12. Disclosures.The ser­vices here­un­der are offered by FEISV,info@feisv.org, 408–926-1866.

Last Updated: November 14, 2009