FA Terms of Use

  

Agreement and Ownership

 

These terms of use apply to every FA product except they are exclusively written not to be. Every product of FA is the property of FA and its licensors. BY USING ANY FA PRODUCT THESE TERMS OF USE ARE APPLYING TO, YOU AGREE TO THEM.

 

FA reserves the right to modify or change these Terms of Use at any time. It is your responsability to check these Terms of Use for changes. Your continued use of the product means that you accept and agree to the changes. As long as you agree to those Terms of Use, FA grants you a personal, non-exclusive, non-transferable, limited privilege to enter and access the product.

  

Content

 

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained in the product is owned, controlled or licensed by or to FA, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

 

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without FA’s express prior written consent.

 

You may use information on FA products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by FA for downloading from the site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

  

Your Use of the Product

 

You may not use any “deep-link”, “page-scrape”, “robot”, “spider”, “decompiler” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Product or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Product or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Product. FA reserves the right to bar any such activity.

 

You may not attempt to gain unauthorized access to any portion or feature of the Product, or any other systems or networks connected to the Product or to any FA server, or to any of the services offered on or through the Product, by hacking, password “mining” or any other illegitimate means.

 

You may not probe, scan or test the vulnerability of the Product or any network connected to the Product, nor breach the security or authentication measures on the Product or any network connected to the Product. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Product, or any other customer of FA, including any FA ID not owned by you, to its source, or exploit the Product or any service or information made available or offered by or through the Product, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Product.

 

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Product or FA’s systems or networks, or any systems or networks connected to the Product or to FA.

 

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Product or any transaction being conducted on the Product, or with any other person’s use of the Product.

 

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to FA on or through the Product or any service offered on or through the Product. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

 

You may not use the Product or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of FA or others.

  

Purchases and other Terms of Use

 

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Product, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Product or for any service offered on or through the Product, the latter terms shall control with respect to your use of that portion of the Product or the specific service.

 

FA’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing in this Product should be construed to alter such agreements.

 

FA may make changes to any products or services offered in the Product, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Product with respect to products and services may be out of date, and FA makes no commitment to update the materials in the Product with respect to such products and services.

  

Accounts, Passwords and Security

 

Certain features or services offered in or through the Product may require you to open an account (including setting up a FA ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify FA immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by FA or any other user of or visitor to the Product due to someone else using your FA ID, password or account as a result of your failing to keep your account information secure and confidential.

 

You may not use anyone else’s FA ID, password or account at any time without the express permission and consent of the holder of that FA ID, password or account. FA cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

  

Privacy

 

FA’s Privacy Policy applies to use of this Product, and its terms are made a part of these Terms of Use by this reference. To view FA’s Privacy Policy, find it on the FA website. Additionally, by using the Product, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Product may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

  

Links

 

This Product may contain links to other independent third-party products (“Linked Products”). These Linked Products are provided solely as a convenience to our visitors. Such Linked Products are not under FA’s control, and FA is not responsible for and does not endorse the content of such Linked Products, including any information or materials contained on such Linked Products. You will need to make your own independent judgment regarding your interaction with these Linked Products.

  

Disclaimers

 

FA DOES NOT PROMISE THAT THE PRODUCT OR ANY CONTENT, SERVICE OR FEATURE OF THE PRODUCT WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE PRODUCT AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE PRODUCT IS SUBJECT TO CHANGE WITHOUT NOTICE. FA CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE PRODUCT WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. FA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FA DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE PRODUCT AND/OR ANY FA SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PRODUCT AND ANY LINKED PRODUCTS. YOUR SOLE REMEDY AGAINST FA FOR DISSATISFACTION WITH THE PRODUCT OR ANY CONTENT IS TO STOP USING THE PRODUCT OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

 

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

 

FA reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Product, or any portion of the Product, for any reason; (2) to modify or change the Product, or any portion of the Product, and any applicable policies or terms; and (3) to interrupt the operation of the Product, or any portion of the Product, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

  

Limitation of Liability

 

Except where prohibited by law, in no event will FA be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if FA has been advised of the possibility of such damages.

 

If, notwithstanding the other provisions of these Terms of Use, FA is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Product or any Content, FA’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Product paid in the six months prior to the date of the initial claim made against FA (but not including the purchase price for any Apple hardware or software products or any FA Care or similar support program), or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

  

Indemnity

 

You agree to indemnify and hold FA, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against FA by any third party due to or arising out of or in connection with your use of the Product.

  

Violation of these Terms of Use

 

FA may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Product, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) FA’s rights or property, or the rights or property of visitors to or users of the Product, including FA’s customers. FA reserves the right at all times to disclose any information that FA deems necessary to comply with any applicable law, regulation, legal process or governmental request. FA also may disclose your information when FA determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

 

You acknowledge and agree that FA may preserve any transmittal or communication by you with FA through the Product or any service offered on or through the Product, and may also disclose such data if required to do so by law or FAe determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of FA, its employees, users of or visitors to the Product, and the public.

 

You agree that FA may, in its sole discretion and without prior notice, terminate your access to the Product and/or block your future access to the Product if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Product. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to FA, for which monetary damages would be inadequate, and you consent to FA obtaining any injunctive or equitable relief that FA deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies FA may have at law or in equity.

 

You agree that FA may, in its sole discretion and without prior notice, terminate your access to the Product, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Product or any service offered on or through the Product, or (4) unexpected technical issues or problems.

 

If FA does take any legal action against you as a result of your violation of these Terms of Use, FA will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to FA. You agree that FA will not be liable to you or to any third party for termination of your access to the Product as a result of any violation of these Terms of Use.

  

Miscellaneous

 

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered in the Product, in violation of any applicable laws or regulations, including without limitation Germany export laws and regulations.

 

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and FA with regard to your use of the Product, and any and all other written or oral agreements or understandings previously existing between you and FA with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with FA, FA will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. FA’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by FA of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between FA and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

 

FA provides access to FA international data and, therefore, may contain references or cross references to FA products, programs and services that are not announced in your country. Such reference does not imply that FA in your country intends to announce such products, programs or services.

  

FA Care Paragraph

 

Any feedback you provide at FA Care shall be deemed to be non-confidential. FA shall be free to use such information on an unrestricted basis.

 

The information contained in these Terms of Use are subject to change without notice.

 

Copyright © 2016 FA. All rights reserved.

 

Updated by Florent Anders on Aug. 22, 2016.