Effective Date: May 3, 2017
This is a legal agreement between you (“you” or “user”) and us and states the material terms and conditions that govern your use of our Sites. This agreement, together with all updates, supplements, additional terms, and all of FVP’s rules and policies collectively constitute and are referred to as the “Agreement” between you and FVP. THIS AGREEMENT APPLIES TO USERS OF THE FVP SITES AS SUCH, MEANING THAT IF YOU HAVE AN AGREEMENT WITH FVP IN ANOTHER CAPACITY (AS AUTHOR, CONTRACTED SERVICE PROVIDER, ETC.), IT IS A SEPARATE AGREEMENT AND NEITHER SUPERSEDES NOR IS SUPERSEDED BY THIS AGREEMENT.
BY ACCESSING THE SITES, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE AND CONDITIONS OF USE STATED HEREIN, PLEASE LEAVE THIS SITE IMMEDIATELY.
COPYRIGHT AND OWNERSHIP
The Sites are owned and operated by FVP. All of the content featured, displayed or offered for sale on the Sites, including, but not limited to, text, graphics, photographs, images, audio, video, illustrations, downloadable files, ebooks, and any other content (the “Content”, collectively), is owned by FVP, its licensors, vendors, authors, and/or its content providers. All elements of the Sites are protected by copyright, trademark, and other laws relating to intellectual property rights. Except where otherwise explicitly indicated, all material found on our Sites is for personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Sites. Except as permitted under applicable copyright laws, you must obtain permission before using any copyrighted material that is available on the Sites for any purpose other than personal informational use. You may not use material from our Sites on any other website or publicly accessible network. (If you are an author currently under contract with FVP, use of Site content in your capacity as a contracted author rather than a site User is governed by your separate written or verbal agreement with FVP or Myra Fiacco.) You must comply with all applicable domestic and international laws, ordinances, and regulations regarding your use of our Sites. Your use of our Sites constitutes agreement not to remove any copyright, trademark, watermark, or proprietary notice from material found on our Sites.
SITE ACCESS LICENSE
FVP grants you a limited, revocable, non-exclusive, non-transferable license to access and make personal, non-commercial use of our Sites and their content and not to download (other than page caching or unless otherwise allowed by FVP or permitted by law) or modify all or any portion of our Sites and their content. This license does not include any re-sale or commercial use of our Sites or their content; any collection and use of any product listings, descriptions, or prices; any derivative use of our Sites or their content; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Our Sites and/or any portion thereof may not be reproduced or exploited in any way for any commercial purpose without our express prior written consent. You agree not to use any framing methods to enclose any portion of our Sites or their content, or that of our content providers, authors, or affiliates. You shall not use any meta data, tags, or other hidden text intended to trigger a search engine hit that utilizes our name or trademark without our express prior written consent. Also, please don’t try to hack or take down our site by any means, including flooding our site with queries or “pings.” Any attempt to do so will force us to terminate your account or access. In severe cases, we reserve the right to legally prosecute you in a manner and jurisdiction of our choosing.
For all charges for any products and services sold on our Site, FVP or its vendors or agents will bill your credit card or an alternative payment method. When you provide credit card information to us or our vendors, you affirm that you are the authorized user of the credit card that is used to pay for the products and services. In the event legal action is necessary to collect on balances due, you agree to reimburse FVP and its vendors or agents for all expenses incurred to recover sums due, including attorney’s fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all internet access services and telecommunications services needed for use of our Sites.
LINKS TO THIRD PARTIES AND NO ENDORSEMENT
This site contains links to other websites controlled by third parties. These links are included for your convenience and do not imply affiliation with or endorsement by FVP, neither does the presence of a link to a third-party site imply that the owner or operator of the linked site endorses FVP. FVP is not responsible for the contents or use of any linked site, or any consequence of making the link.
You may not use FVP’s name or any language, pictures or symbols which could, in FVP’s assessment, imply our endorsement in any written or oral material of any kind without our express prior written consent.
Data collection and use, including data collection and use of personal information is governed by FVP’s Privacy Practices, which is incorporated into and is a part of this Agreement.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE SITE AND ALL OF ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE ARE UNDER NO OBLIGATION TO UPDATE, MAINTAIN, KEEP CURRENT, OR KEEP IN STOCK ANY OF THE MATERIAL OR PRODUCTS LISTED OR MADE AVAILABLE ON THE FVP SITE. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE THEREOF AT ANY TIME AT OUR SOLE DISCRETION. FILLES VERTES PUBLISHING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE, OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU ALONE WILL BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury resulting from negligence;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER FILLES VERTES PUBLISHING NOR ANY OF ITS AFFILIATES OR THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE OR RESPONSIBLE FOR ANY DIRECT OR INDIRECT DAMAGES RELATING TO OR RESULTING FROM YOUR USE OF OR INABILITY TO USE THIS SITE OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE, OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF EMAIL MESSAGES YOU SEND US. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, OR MATERIALS AVAILABLE FROM THIS SITE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In the event that conflicts cannot be resolved one-on-one with a representative of Filles Vertes Publishing, you explicitly waive your rights to a jury trial and/or a class-action suit, and consent to arbitration services rendered in Kootenai County, Idaho, in the United States of America.
HOW TO CONTACT US
Filles Vertes Publishing
Post Office Box 1075