Effective: January 1, 2022
By accessing or using the Website and any of the included content or Services, You signify that you have read, understand and agree to be bound by these Terms. Except as otherwise provided herein, these Terms may not be amended. You understand and agree that FOS may electronically provide You these Terms either through posting links on the Website or other online properties or through e-mail agreements, invoices or any other official communication regarding your relationship with FOS. You also consent to receipt of any of these official communications electronically.
You further agree that the Website and Services are provided strictly for personal and non-commercial use. You will not use the Website or Services for any purpose that is either unlawful or prohibited by these Terms. FOS does and will not grant you express or implied rights to access or use the Website or Services for any other purpose, personal or commercial. The following activities are strictly prohibited: (a) misrepresenting the identity of yourself or another user; (b) tampering with the Website or Services; and (c) conducting fraudulent activities.
The FOS logos and trademarks, as well as other marks, service marks, trade names, trademarks, and logos on this Website and Services are the property of FOS or their respective owners. You may not use, reproduce, copy, or manipulate such logos in any manner without the prior written consent of FOS or the owner.
The entire contents of the Website and Services, i text, images, music, sound, photographs, video, illustrations, icons, graphics, headers, data, information, and software (collectively, “Content”) are subject to copyright, trademark, or other proprietary rights or licenses held by FOS or an FOS affiliate or by third parties who have licensed their rights to FOS. All Content is copyrighted as a collective work under the US and international copyright laws and FOS owns, to the fullest extent allowed by such law, the copyright in the arrangement, coordination, enhancement, and selection of such Content and the Website. Unauthorized use of the Content or other FOS property may violate these laws and is strictly prohibited. You may not download (other than page caching or downloadable forms) or modify the FOS Content, or any portion of it, without the express written consent of FOS. Except as provided in these Terms, you may not make copy, modify, or create derivative works of the Content. In addition, you may not distribute, publish, transmit, reuse, repost, and “frame” the Content in any manner or sell or attempt to sell the Content or use it in a way that might cause confusion among consumers or to disparage or discredit FOS. The use of the Content not associated with FOS is prohibited without written consent.
We grant You a limited, non-transferrable, non-sublicensable right and license to access and use the Website and Services only in accordance with these Terms. FOS reserves the right to refuse or cancel your license to access and the Website and Services, including subscriptions to our online newsletter, without refund, for any reason. Where possible, You will be notified by the e-mail you provided if your access to the Website and Services has been canceled.
The Website and Services are not intended to be used by children under the age of 13.
FEES AND REFUNDS
A non-refundable, annual subscription is required to access some Services, such as certain online newsletters. Subscriptions to other online newsletters are available at no change. You acknowledge that FOS may at any point in time choose to charge a fee for any portion of the Services, including additional online newsletters, provided by the Website or any other entity owned by FOS.
Subscriptions will automatically renew unless the User disables it. When automatic renewal is enabled, FOS will charge the annual membership fee, if any, on the one-year anniversary date of the subscription. The User will receive an email prior to the transaction taking place. Automatic renewal can be disabled by written request to firstname.lastname@example.org. No refunds are available for canceled subscriptions.
If FOS terminates your use of the Website or Services due to breach of these Terms, You will not be entitled to receive any refund. Refunds will only be given if FOS breaches its obligations in these Terms or other written agreement.
NOTICE OF COPYRIGHT INFRINGEMENT AND DIGITAL MILLENNIUM COPYRIGHT ACT
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512 (“DMCA”), FOS has designated an agent to receive notices of claimed copyright infringement. If you believe that your work has been copied and is accessible on the Website or Services in a way that constitutes copyright infringement, please provide FOS’s Copyright Agent with the following information:
FOS’s Copyright Agent may be contacted as provided below:
Attn: Copyright Agent
80 Pine Street
New York, NY 10005
Upon receipt of the written notification containing the information as outlined in items 1 through 6 above FOS may:
United States law provides significant penalties for submitting a false DMCA notice.
This Website, Service and all Content provided on an “as is” basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge that your use of the Website and Services is at your sole risk, that You assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your access to and use of the Website and Services, and that FOS shall not be liable for any damages of any kind related to your access to and use of the Website and Services.
While attempts to ensure that the Content is complete and current, it cannot guarantee that the Content will not contain errors, inaccuracies, or omissions.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL FOS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUCCESSORS OR ASSIGNS OR OTHER REPRESENTATIVES BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE-WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, INABILITY TO USE, OR RESULTS OF USE OF, THE WEBSITE, THE SERVICES OR ANY CONTENT ON THE WEBSITE OR SERVICS, EVEN IF FOS OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THIS WEBSITE, THE SERVICES AND THE CONTENT THEREON, OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE AND SERVICES. IF ANY PORTION OF THIS LIMITATION IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN FOS’S TOTAL LIABILITY TO YOU SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100). UNDER NO CIRCUMSTANCES SHALL FOS BE LIABLE FOR ANY LOSS, DAMAGE, OR HARM CAUSED BY A USER’S RELIANCE ON INFORMATION FROM A THIRD PARTY OBTAINED THROUGH THE WEBSITE OR SERVICES. IT IS THE RESPONSIBILITY OF A USER TO EVALUATE SUCH INFORMATION, OPINION, ADVICE, OR OTHER CONTENT AVAILABLE.
SOME JURISDICTIONS MAY PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
LINKS TO THIRD-PARTY WEBSITES
The Website and Services may contain links to other websites that are neither owned nor operated by FOS, although some such websites may have an affiliation with FOS (collectively, “Third-Party Websites”). Such links are provided for your convenience only. FOS makes no representations whatsoever about any Third-Party Websites which you may access through the Websites or Services, as FOS has no control over the content appearing on such Third-Party Websites. Moreover, a link to a Third-Party Website does not imply and does not constitute FOS’s sponsorship, endorsement, approval, or responsibility for the content on, or the use of, such Third-Party Website. No rights to use or copy the information on a Third-Party Website is granted or implied. Please note that the terms and conditions of use and privacy policies applicable to Third-Party Websites may differ significantly from those of FOS. You are encouraged to review the applicable policies of such Third-Party Websites.
DISPUTE RESOLUTION; GOVERNING LAW AND FORUM
If You believe that you have a dispute, claim, or issue against FOS, please contact us first. If, thereafter, you wish to file a claim or another form of dispute You must first notify FOS through a written notice mailed to 80 Pine Street, Suite 3202, New York, NY 10005 that must include a description of the dispute or claim as well as information that would allow FOS to contact You. FOS and You will then engage in a good faith effort to resolve the issue(s). If no resolution is reached within sixty (60) days after FOS receives written notification of a claim, all disputes shall be resolved by binding arbitration under the rules and auspices of the American Arbitration Association, to be held in New York County, State of New York, in English, with a written decision stating the legal reasoning issued by the arbitrator(s) at either party’s request, and with arbitration fees and reasonable attorneys’ fees of both parties to be borne by the party that ultimately loses. At any time, FOS may seek to obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction.
These Terms are governed by the laws of the State of New York, without respect to its conflict of laws principles. If it becomes necessary, You hereby irrevocably and unconditionally consent to submit to the jurisdiction of the state or federal courts within New York County in the State of Florida for any litigation arising out of or relating to use of the Website or Services (and agree not to commence any litigation relating thereto except in such courts).
In any legal action against us arising from the use of the Website and Services, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorneys’ fees.
When you visit the Website or Services or send e-mails to us, you are communicating with us electronically. You consent to receive communications (including legal notices) from us electronically. We will communicate with You by email or by posting notices on the Website or Services. You agree that all agreements, notices, disclosures, and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing.
These Terms constitute the entire agreement between You and FOS with respect to the Website and Services. These Terms supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between You and FOS with respect to the Website or Services. No modification of these Terms shall be effective unless it is authorized by FOS. If any provision of these Terms is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.
We may modify these Terms from time to time. We will notify you of changes by posting changes the Website or by other appropriate means and the effective date of the updated policy. Your continued access to and use of the Website and Services after the effective date constitutes your consent to the updated Terms.
Should you have any questions, concerns or feedback regarding these Terms, please contact us by email at email@example.com.
You can also mail us at:
New York, NY 10005