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Effective September 1, 2018
Thank you for visiting this website, (the "Site"), which is owned and provided by FCI Residential Corporation ("FCI"). FCI and its related, affiliated, or subsidiary companies are together FCI. All references to we, us, and our in these terms and conditions ("Terms"), are deemed to refer to FCI.
Your access to, and use of, this Site is subject to the provisions contained in these Terms, the terms and conditions of the privacy policy on the Site ("Privacy Policy"), legal notices or terms on particular pages on the Site and all applicable laws.
By accessing and browsing the Site, you automatically accept, without limitation or qualification, these Terms. Please read these important Terms carefully before you use the Site. If you are using the Site for more than your own personal information, education or enjoyment, you could be violating these Terms and the law. If you do not accept these Terms in full, you must leave the Site immediately.
FCI may revise these Terms at any time by updating this page. You should check the Site from time to time to review the current Terms. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms on particular pages on the Site.
Subject to the exceptions regarding certain personal information set forth in the Privacy Policy, all remarks, suggestions, ideas, graphics, materials or other information that you submit to FCI, by email, download, FCI's social media sites, or otherwise (Submissions) are non-confidential and non-proprietary and we are free to use and reproduce such Submissions for any purpose. FCI shall retain exclusive ownership of all present and future rights to Submissions of every kind and will be entitled to use any Submission for any commercial or other purpose whatsoever without any obligation to compensate you or any other person sending the Submission.
You warrant that the Submission contains only your own material and content or material and content that you have undeniable rights to use and that FCI's use of the Submission will not violate any third party's rights. You acknowledge and agree that you are responsible for any Submission you make and that you, and not FCI, have full responsibility for the message, including its legality, reliability, appropriateness, originality, copyright and non-infringement.
Although FCI may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on this Site (Postings), we are under no obligation to do so and assume no responsibility or liability arising from the content of any such Posting or Submission, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such Postings or Submissions on this Site.
You are prohibited from posting or transmitting to or from the Site any material that is unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, indecent, seditious, offensive, abusive, liable to incite racial hatred, discriminatory, menacing, profane, in breach of confidence or privacy, which may cause annoyance or inconvenience, or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability or otherwise be contrary to the law, or infringe the rights of any third party, in any country in the world; for which you have not obtained all necessary licenses and/or approvals; or which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
FCI will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or materials. FCI may in its absolute discretion remove Postings and Submissions at any time, and for any reason.
All material from this Site may not be copied, distributed or republished, displayed, licensed, sold, modified, reused, uploaded, posted or transmitted in any way, without the prior written consent of FCI except as provided below. You may only download material displayed and identified on the Site as specifically available for downloading and provided you do not delete or change any copyright, trademark or other proprietary notices contained on the materials. Such material is for non-commercial, personal use only. You may not distribute, modify, transmit, reuse repost or use the content of the Site for public or commercial purposes, including text, images, audio and video, without FCI's written permission. Modification or use of materials for any other purpose violates our intellectual property rights.
Software downloaded, including the files and images incorporated in or generated by the software and all accompanying data, is licensed to you for your personal, non-commercial use and may not be redistributed, sold, reverse-engineered, disassembled or otherwise converted to any other form. Additionally, software from this Site may be further subject to United States Export laws, rules and regulations, as amended from time to time. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) Crimea-Region of Ukraine, Cuba, Iran, North Korea, Sudan, Syria, or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
The Site may contain links allowing you to leave this Site for other sites that are not under the control of FCI. We have not reviewed all the websites linked to this Site and are not responsible for the content of any other websites linked to this Site. Your linking to any other website is at your own risk, and FCI shall not be liable for any damages or injury arising from access to, or use of, such sites. Please be mindful of this as you link to other outside websites.
FCI does not object to links to our Site from third-party websites; however, any person or entity linking to our Site must strictly abide by the following rules: (1) unless we have a written agreement with you, you may not use any of FCI's trademarks, logos or slogans in or with your links; (2) do not present the link to this Site in any way that suggests FCI has any relationship or affiliation with your site or endorses, sponsors or recommends the information, products or services on your site, unless you have a specific written agreement with us to do so; (3) you may link to this Site using the plain text name of this Site; (4) link only to the home page of this Site; (5) do not, without FCI's written permission: (a) incorporate any content from this Site into your Website (e.g., by in-lining or framing) or (b) use any FCI names, trademarks, slogans, or any other words or codes identifying FCI Site in any "metatag". We will not tolerate links from any website that may adversely affect the name, reputation and goodwill of FCI and its products. FCI reserves the right to cancel permission to link at any time, for any reason. You shall fully indemnify FCI for any loss or damage suffered by FCI for breaching the Terms of linking above.
The trademarks, logos, characters and service marks (collectively Trademarks) displayed on this Site belong to FCI or are used with permission. Nothing contained on this Site should be construed as granting any license or right to use any Trademark displayed on this Site. Your use/misuse of the Trademarks displayed on this Site, or any other content on this Site, except as provided in these Terms, is strictly prohibited. You are also advised that FCI will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution.
FCI, at its discretion, may suspend or terminate the access of and take other action against users, subscribers, registrants and account holders who infringe the copyright rights of others. If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, you may notify us by providing the following information:
A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
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 FCI to locate the material;
Information reasonably sufficient to permit FCI 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;
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
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.
Please send your notice to:
FCI Residential Corporation
Attn: Legal Department
One North Clematis Street, Suite 200
West Palm Beach, FL 33401
As there can be penalties for false claims, we urge you to consult with your legal advisor before filing a notice or counter-notice.
Your use of, and browsing on, this Site is at your own risk. FCI assumes no liability and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account your use of this Site. FCI makes no warranties or representations as to the accuracy of anything contained on the Site. Without limiting the foregoing, EVERYTHING PROVIDED TO YOU ON THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
If you elect to register on our Site and select a user name and password, you are 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. Further, you agree to defend, indemnify and hold harmless FCI and its affiliates from and against any and all claims, damages, costs and expenses, including legal fees, arising from or related to your use of the Site or any breach by you of these Terms.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL FCI OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF FCI HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL FCI BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
While FCI endeavors to ensure that the Site is normally available 24 hours a day, FCI shall not be liable if for any reason the Site is unavailable at any time or for any period.
Access to the Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond FCI's control.
This Site is intended for residents of the United States only, as FCI properties are located in the United States and FCI does not sell or advertise outside the United States. FCI makes no representation that the materials in the Site are appropriate or available for use in locations other than the United States. If you access the Site from locations other than the United States, you are responsible for compliance with any applicable laws.
These Terms represent the complete agreement between the parties and supersede all prior agreements and representations between them. Headings used in these Terms are for reference purposes only and in no way define or limit the scope of the section. If any provision of these Terms is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of these Terms shall remain in full force and effect. The failure of FCI to act with respect to a breach of these Terms by you or others does not constitute a waiver and shall not limit FCI's rights with respect to such breach or any subsequent breaches. These Terms and Conditions shall be governed by and construed under Florida law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to these Terms or your use of this Site must be brought in the state or federal courts of Florida and you consent to the exclusive personal jurisdiction of such courts.
If you have any questions or concerns about these Terms or your dealings with this Site, please contact us at:
FCI Residential Corporation
1 North Clematis Street, Suite 200
West Palm Beach, FL 33401
© Copyright 2019 FCI Residential Corporation. All rights reserved.
