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2. Use of Website Information
You may use information from the Website solely to facilitate your business operations. You are expressly prohibited from duplicating any significant portion of the database digitally or in print for your own use or use by others. You are also expressly prohibited from violating the copyrights, or other intellectual property rights, of Fossa. You may not remove any copyright notice contained in any materials downloaded from the Website.
Unless otherwise agreed to in writing, all Users of the Website and Services are expressly prohibited from redistributing information obtained from the Website. Your license to use information obtained from the Website is specific to your company, and the information may not be used for purposes outside of your company.
3. Your Responsibilities; Use of Email, Facsimile, and Telephone Data
Your use of the Data will comply with all applicable federal, state, local and foreign laws, statues, rules and regulations (“Laws”), including Laws regarding telemarketing, email and facsimile marketing, customer solicitation and all applicable guidelines of the Direct Marketing Association (“DMA”). If you are not a member of the DMA, you will use your best efforts to comply with the DMA’s guidelines.
Your use of any email Data will comply with all applicable Laws, including the CAN-SPAM Act of 2003, COPPA, Canada’s Anti-Spam Legislation of 2014 (CASL), and any State Registry laws.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, PARTNERS, SUCCESSORS AND ASSIGNS, HARMLESS FOR ANY VIOLATION BY YOU OF THE ABOVE RULES AND REGULATIONS REGARDINGE-MAIL, FAX AND TELEPHONE COMMUNICATIONS.
4. Intellectual Property
The Website and all content and materials located thereon, including, without limitation, any Fossa names and logos, the Services, database, designs, text, graphics and other files, and the selection, arrangement and organization thereof, are the intellectual property of Fossa or its licensors. Except as explicitly provided, neither the Website nor this Agreement grant you any right, title or interest in or to any such content or materials. The Fossa Marks are trademarks or registered trademarks of Fossa. Other trademarks, service marks, graphics, logos and domain names appearing on the Website may be the trademarks of third parties. The Website is Copyright © 2012,Fossa, LLC, ALL RIGHTS RESERVED.
5. Subscription Accounts
A. Generally: Fossa offers paid services (each, a "Plan"). Subscription fees and terms vary and additional conditions, restrictions and limitations may apply to each Plan.
B. Method of Payment: Payments may be made by credit card. Unless otherwise indicated in your Plan Details, your credit card will be charged on a recurring basis as long as your account remains open and active. Your account will remain open and active until your membership is canceled, suspended or terminated. You authorize Fossa to charge your credit card for your recurring subscription fee payments as applicable based upon your Plan Details. Fossa is permitted to bill you as described in your Plan Details, including any applicable tax and any other charges you may incur in connection with your use of the Website or Services.
C. Your Credit Card Information: You are required to provide all information necessary to open and maintain your subscription account. For security purposes, certain plans may require that you enter and maintain valid credit card information regardless of any applicable payment options. You authorize Fossa to share information as is necessary to process your payments. Fossa will use commercially reasonable business practices to secure your credit card information.
D. Cancellation: You may cancel your subscription account at any time and for any reason. When you cancel your account, you will not receive any refund of any subscription fees.
E. Termination: Fossa may suspend or terminate your account at any time, for any reason and without prior notice. Suspected system misuse will result in your immediate termination. You will no longer have access to the Services. Your subscription fee will not be refunded or prorated for partial month usage following termination.
The materials on Fossa's Website are provided "as is." Fossa makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Fossa does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet Website or otherwise relating to such materials or on any sites linked to this site.
The materials appearing on Fossa's Website could include technical, typographical, or photographic errors. Fossa does not warrant that any of the materials on its Website are accurate, complete or current. Fossa may make changes to the materials contained on its Website at any time without notice. Fossa does not, however, make any commitment to update the materials.
6. Your Representations, Warranties and Obligations
You represent, warrant and covenant that you will not upload, post or transmit to or distribute or otherwise publish through the Fossa Services any materials which:
A. restrict or inhibit any other user from using and enjoying the Site or Database;
B. are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, harassing, pornographic, profane, sexually explicit or indecent;
C. constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law;
D. violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right;
E. constitute or contain false or misleading indications of origin or statements of fact.
In addition you agree that you will not:
F. attempt to gain unauthorized access to the Services or the Fossa accounts of others;
G. interfere with or disrupt the Site or servers of networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
H. disparage, defame, libel or make untrue, malicious, offensive statements about Fossa or the Site, or
I. use the Site or Services to violate any applicable, local, state, national or international law or regulation.
7. Limitation of Liability
In no event shall Fossa or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit or due to business interruption) arising out of the use or inability to use the materials on Fossa's Internet site, even if Fossa or a Fossa-authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
8. Links to Other Sites
Fossa has not reviewed all of the sites linked to its Internet Website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Fossa of the site. Use of any such linked Website is at the user's own risk.
10. Governing Law
Any claim relating to Fossa's Website shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions.