|
Fluid Defense Systems, LLC ("FDS"). |
The services that FDS provides to you are subject to the following
terms and conditions ("T&C"). FDS reserves the right to update the T&C at
any time without notice to you. The most current version of the T&C can be reviewed
by clicking on the "Terms of Use" hypertext link located within our Web pages.
This
listing of T & C together with any additional terms, conditions, notices and disclaimers
contained elsewhere on the FDS Network form the conditions of supply of material
on, use of, and access to the website. Your continued use of FDS Websites constitutes
an affirmative, unconditional agreement by you that you accept and agree to abide
and be bound by these T & C and any modifications.
You should visit this page
from time to time to review the current terms.
Should you object to any of these conditions or any subsequent
modifications your only recourse is to immediately discontinue your use of the FDS
website.
|
|
THE FLUID DEFENSE NETWORK |
Fluid Defence Systems operates the websites that comprise the FDS Network. Throughout
the FDS Network, FDS provides you with a variety of resources including, amongst
others, download areas, communication forums and product information (collectively
"Services"). The Services, including any updates, enhancements, new features, and/or
the addition of any new Web properties, are subject to the T&C.
These T & C govern your use of all sites that
form part of the FDS Network.
From time to time, FDS may run competitions, prize draws and
promotions on the FDS Network. These will be subject to additional terms and T &
C,
which will be made known to you at the time. |
|
ACCURACY OF INFORMATION AND DISCLAIMER
OF WARRANTIES
|
All material on the FDS Network is provided in good faith.
It is derived from sources believed to be accurate and current as at the date of
publication. Your use of the FDS Network is at your sole risk. Access to the FDS Network
is provided on an 'as available' basis. Neither FDS its related bodies corporate
nor its or their directors or employees make any representation or warranty that
(i) any material on the FDS Network will be reliable, accurate or complete (nor do
they accept any responsibility arising in any way for errors in, or omissions from
that material); or (ii) your access to the FDS Network will be uninterrupted, timely
or secure. FDS will not be liable for loss resulting from any action or decision
by you in reliance on the information on the FDS Network, nor any interruption, delay
in operation or transmission, virus, communications failure, Internet access difficulties,
or malfunction in equipment or software.
|
|
GENERAL INFORMATION ONLY - NON ADVISORY
|
|
The material on the FDS Network provides general information
only. It is not intended as advice and must not be relied upon as such. You should
make your own inquiries and take independent advice tailored to your specific circumstances
prior to making any decisions or taking any action as a result of those decisions.
|
|
COPYRIGHT |
The material provided on the FDS Network is copyright protected.
You may use this material for your own personal reference only. Except for the temporary
copy held in the computer's cache and a single permanent copy for your personal
reference, the material may not otherwise be used, copied, reproduced, published,
stored in a retrieval system, altered or transmitted in any form or by any means
in whole or part (except where such use constitutes fair dealing under the Copyright
Act) without the prior written approval of FDS You may not use any part of the material
provided on an FDS Network site to establish, maintain or provide, or assist in establishing,
maintaining or providing your own publications, Internet site or other means of
distribution.
|
|
PAPERS AVAILABLE ON THE FDS
NETWORK |
|
Permission to use on a limited, non-exclusive Documents (such as press releases, datasheets,
testimonials and FAQs) from the Services is granted, provided that (1) the below
copyright notice appears in all copies and that both the copyright notice and this
permission notice appear, (2) use of such Documents from the Services is for informational
and non-commercial or personal use only and will not be copied or posted on any Network computer or broadcast in any media, and (3) no modifications of any Documents
are made. Use for any other purpose is expressly prohibited by law. |
|
FDS AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE ACCURACY, COMPLETENESS
OR
SUITABILITY OF THE INFORMATION AND OPINIONS CONTAINED IN THE DOCUMENTS AND RELATED
PICTORIALS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS
AND PICTORIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. FDS AND/OR ITS
RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO
THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER
EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE.
|
|
Documents specified above do not include the design or layout of the FDS Network.
Elements of the FDS Network are protected by trademark and other laws and may not
be copied or imitated in whole or in part. No logo, graphic, sound or image from
the FDS network may be copied or retransmitted unless expressly permitted by FDS.
|
|
TRADEMARKS |
|
The FDS logo is a trademark of Fluid Defence Systems LLC. Other
trade marks may be displayed on the FDS Network from time to time. These may belong
to third parties. Nothing displayed on the FDS Network should be construed as granting
any licence or right of use of any logo, masthead or trade mark displayed on the FDS Network,
without the express written permission of the relevant owner. |
|
YOUR CONDUCT
|
|
As a condition of your use of the FDS Network or any Services
on the FDS Network, you warrant to FDS that you will not use the FDS Network for any
purpose that is unlawful or prohibited by these T & C or any other terms, T & C or notices appearing anywhere on the FDS Network. You agree to
abide by all applicable laws and regulations. In particular, you agree not to:
|
-
use the FDS Network to defame, abuse, harass, stalk, threaten or otherwise offend
others;
-
publish, distribute, e-mail, transmit or disseminate any material which is unlawful,
obscene, defamatory, indecent, offensive or inappropriate;
-
use any automated scripting tools or software;
-
engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited
e-mailing or spamming via the FDS Network;
-
impersonate any person or entity;
-
upload, post, e-mail, transmit or otherwise make available using the FDS Network
any material that you do not have a right to make available under any law or contractual
obligation or which contains viruses, or other computer codes, files or programs
designed to interrupt, limit or destroy the functionality of other computer software
or hardware;
- breach any applicable laws or regulations.
|
FDS has no obligation to monitor any user's use of the FDS
Network., however FDS retains the right at all times to monitor, retain and disclose
any information as necessary to satisfy any applicable law, regulation, legal process
or governmental request.
You will indemnify FDS if FDS or any related bodies corporate
suffer any loss or damage or incur any costs in connection with any breach of these T & C or any other legal obligation by you or your use of
the Services or conduct on the FDS Network. |
|
THIRD PARTY LINKS AND ADVERTISING |
Hyperlinks and pointers to websites operated by third parties
(“links”) will appear on the FDS Network from time to time. These websites do not
form part of the FDS Network and are not under the control of FDS or any related bodies
corporate and neither FDS nor any related bodies corporate have any responsibility
for the contents of any such hyperlink or linked website. FDS is providing these
links to you only as a convenience, and the inclusion of any link does not imply
endorsement by FDS of the Site. If you link to any such websites you leave the FDS
Network and do so entirely at your own risk.
The FDS Network may display third party advertisements, which
may or may not contain hyperlinks or referral buttons to websites operated by third
parties. The display of such advertising does not in any way imply a recommendation
or endorsement by FDS or its related bodies corporate of the relevant advertiser,
its products or services or any such linked website.
If you contact a third party using functionality provided
on the FDS Network, including via e-mail, FDS accepts no responsibility for any actions
taken by that third party in response to your communication or for any transactions
entered into between you and the relevant third party.
FDS reserves the right to terminate any link or linking program
at any time.
|
|
SUBMISSIONS
|
FDS is always pleased to receive your comments and suggestions
about FDS products, this website, and other services we provide.
However, any information you provide through this website
or in response to any content on this website (such as comments, suggestions, ideas,
notes, drawings, concepts or other materials- 'submissions') will be considered
non-proprietary, non-confidential, and FDS's property, unless otherwise agreed in
writing with FDS prior to you submitting the information.
In the absence of such written agreement prior to the submission
of the information, FDS and its designees may use any submissions without restriction,
and are granted without limitation, the worldwide, perpetual, royalty-free, irrevocable
right to reproduce, modify, edit, publish, make derivative works from and sell and
distribute such submissions in any and all forms and media, now or hereafter discovered,
and for FDS to license others to do the same.
If we receive a submission that contains personally identifying
information about the provider, such as their name, address and telephone number,
our Privacy Pledge will govern how we'll use or disclose this information. You may
want to refer to our
for more information.
|
|
LIMITATION OF LIABILITY
|
|
FDS and any related bodies corporate do not exclude any rights
and remedies available to you under any State or Territory legislation which cannot
be excluded, restricted or modified. Otherwise FDS and any related bodies corporate
exclude all conditions and warranties that may be implied by law.
To the extent permitted by law, FDS's liability for breach
of any implied warranty or condition which cannot be excluded is restricted, at
FDS's option, to: in the case of services supplied or offered by FDS:
|
-
the re-supply of those services; or
-
the payment of the cost of having those services re-supplied; and
- in the case of goods supplied or offered by FDS:
-
the replacement of the goods or the supply of equivalent goods;
-
the repair of the goods;
-
the payment of the cost of having the goods replaced; or
- the payment of the cost of having the goods repaired.
|
|
You expressly agree and
understand that in no circumstances will FDS or any related bodies corporate be liable
to you for any indirect, incidental, special and/or consequential losses or damages
or loss of profits of whatever nature howsoever arising (including but not limited
to any act or omission by FDS or any related bodies corporate) which result from
(i) the use of, performance of, or access to or any inability to use or access the FDS Network or
any material on the FDS Network; (ii) unauthorised access to or alterations of your
transmissions or data; or (iii) statements or conduct of any third party on the
FDS Network. Excluding liability for negligence the maximum liability of FDS and any
related bodies corporate is equivalent to the total of any amounts you have paid
to FDS and its related bodies corporate in respect of goods or services supplied
to you by FDS or its related bodies corporate through the FDS Network in connection with goods or services provided by FDS related directly to
the specific claim made.
|
|
APPLICABLE LAW
|
|
These T & C and all other specific and additional terms
which govern your use or membership of and access to the FDS Network will be governed
by and construed in accordance with the laws of the State of Illinois , United States of America
.
|
|
|