The following terms of use (“Terms of Use”) govern your use of this website, which is owned and operated by FMP Direct, Inc.  (“Company”, “we” or “us”).  BY USING THIS WEBSITE, YOU ACCEPT AND AGREE TO THE TERMS OF USE AS APPLIED TO YOUR USE OF THIS WEBSITE.  If you do not agree to the Terms of Use, you may not access or otherwise use this website. You should read through the Terms of Use carefully. The Terms of Use constitute a legally binding agreement between you and the Company. You represent and warrant that you have any and all authorizations as may be necessary to enter into this agreement and that your use of this website, including use of any content therein, does not violate any applicable law. This website uses cookies. By using this website and agreeing to the Terms of Use, you also consent to this website’s use of cookies in accordance with the terms of our Privacy Policy.

PROPRIETARY RIGHTS

The Company (and/or its licensors) is the sole and exclusive owner of all right, title and interest in and to this website, all the content, code, data and materials thereon, the look and feel, design and organization of this website, and the compilation of the content, code, data and materials on this website, including but not limited to all intellectual property and proprietary rights therein. Your use of this website does not grant to you ownership of any content, code, data or materials you may access on this website. Any commercial use or exploitation of this website is strictly prohibited. You may view the content on this website on your personal computer or other internet-compatible device, and make single copies or prints of the content on this website for your personal, non-commercial use only. You may not otherwise copy, reproduce, distribute or otherwise exploit any content, code, data or materials on this website. If you make other use of website, except as otherwise provided above, you may violate copyright and other laws of the United States, as well as applicable state laws and may be subject to liability for such unauthorized use.

ACCEPTABLE USE AND SERVICES

This website is hosted in the United States and is intended exclusively for U.S. residents. Services are provided to our clients and potential clients that interact with us through this website. We assist our clients in their marketing and general business goals. This website is intended to be business facing and only engages actively to pursue new business and connect with other businesses. It is not consumer-facing and does not collect any information aside from information submitted to us by you or through use of cookies and permissible third-party services associated to their use as described in our Privacy Policy. You represent and warrant that you will not use this website in any manner that could damage, disable, overburden, or impair this website or interfere with any other party’s use and enjoyment of this website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this website.

DISCLAIMERS OF WARRANTIES

THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED “AS IS”, AND “AS AVAILABLE”, WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THIS WEBSITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THIS WEBSITE WILL MEET YOUR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THIS WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL THE COMPANY OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR ANY THIRD PARTY COMPANIES (COLLECTIVELY, THE “PROTECTED PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, OR ANY APPLICATIONS, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES. IN NO EVENT SHALL THE PROTECTED PARTIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF YOU OR ANY OTHER PERSON ON OR THROUGH THIS WEBSITE. IN NO EVENT SHALL THE PROTECTED PARTIES’ TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS TERMS OF USE, THIS WEBSITE, OR THIS WEBSITE’S CONTENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED FIFTY DOLLARS ($50).

INDEMNIFICATION

You hereby indemnify to the fullest extent the Company and the other Protected Parties from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of this Terms of Use or misuse of this website.

CHANGES TO TERMS OF USE

We may change the Terms of Use at any time and from time to time, without notice to you, by posting such changes on this website. By using this website following any modifications to the Terms of Use, you agree to be bound by any such modifications to the Terms of Use.

AGREEMENT AND GOVERNING LAW

This Terms of Use, including any legal notices and disclaimers contained on this website, constitute the entire agreement between the Company and you in relation to your use of this website, and supersede all prior agreements and understandings with respect to the same. This Terms of Use and the relationship between you and us shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to Arizona’s principles of conflicts of laws, and you submit to the exclusive jurisdiction of the state and federal courts located in Arizona for the resolution of any disputes. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, we and you nevertheless agree that the court should endeavor to give effect to the intentions as reflected in such provision, and the other provisions of the Terms of Use shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of this website or the Terms of Use must be filed by you within one (1) year after such claim or cause of action arose or it shall be forever barred.

CONTACTING US

If you have any questions about FMP Direct, Inc. Inc. or this Terms of Use, please email us at info@fmpdirect.com or calling us at 847-816-1919.

This Terms of Use was last updated on December 22, 2022.