Family Business Office Website Terms and Conditions
Binding Agreement
By using the Family Business Office,
Inc. (FBO) web site, you agree to be bound by the Terms and Conditions
specified below, as they may be amended from time to time. FBO reserves
the right to amend these Terms and Conditions at any time by posting
the amended terms to this web site. Your continued use of the FBO site
constitutes acceptance of the amended terms. If you do not agree with
these Terms and Conditions (as amended from time to time) or are
dissatisfied with the FBO site or any other terms, conditions, rules,
policies, guidelines, or practices of FBO, your sole and exclusive
remedy is to discontinue using the FBO site.
Use of the FBO Web Site; Uploading Information
You
agree to use the FBO web site only for lawful purposes. Unless
specifically stated otherwise, all information and material in this web
site is made available only for the purpose of providing information.
Specifically
you agree not to do any of the following: (i) upload to or transmit on
the FBO web site any defamatory, indecent, obscene, harassing,
excessively violent or otherwise objectionable material, or any
material that is, or may be, protected by copyright, without permission
from the copyright owner; (ii) use the FBO web site to violate the
legal rights (including the rights of publicity and privacy) of others;
(iii) intercept or attempt to intercept electronic mail not intended
for you; (iv) misrepresent an affiliation with any person or
organization; (v) restrict or inhibit other users of the FBO web site;
(vi) upload or otherwise transmit files that contain a virus or
otherwise corrupted data; or (vii) download a file or include in a
message any software, files or links that you know, or have reason to
believe, cannot be distributed legally over the FBO web site or that
you have a contractual obligation to keep confidential (notwithstanding
its availability on the FBO web site).
Any content and/or
opinions uploaded, expressed or submitted to a message board, chatroom
or any other publicly available section to the FBO web site, and all
articles and responses to questions, other than such content provided
by FBO, are solely the opinions and responsibility of the person or
entity submitting them and do not necessarily reflect the opinions of
FBO. You understand and acknowledge that you are responsible for
whatever content you submit, and you, not FBO, have full responsibility
for such content, including its legality, reliability, and
appropriateness. By uploading or otherwise transmitting material to any
area of the FBO web site, you warrant that the material is your own, is
in the public domain, or otherwise free of proprietary or other
restrictions and that you have the right to use it, including by
posting it to the FBO web site. You grant to FBO the right to use all
such content you upload or otherwise transmit to the FBO web site in
any manner FBO chooses, including but not limited to copying,
displaying or performing, or publishing it in any format whatsoever,
and modifying it, incorporation it into other material or making a
derivative work based on it.
FBO reserves the right, but does
not assume any responsibility, to remove from the FBO web site any
material posted by you on the FBO web site which FBO, in its sole
discretion, deems inconsistent with the foregoing commitments,
including any material FBO has been notified, or has reason to believe,
constitutes a copyright infringement. However, FBO can neither review
all material prior to transmission on the FBO web site nor ensure
prompt action with respect to objectionable material after it is
transmitted on the FBO web site. Accordingly, FBO assumes no liability
for any action or inaction regarding transmissions, communications, or
other content that is provided by third parties.
Your failure to
comply with the above provisions may result in the termination of your
password to the FBO web site and may expose you to civil and/or
criminal liability.
Content
All information
contained within the FBO site is property of Family Business Office,
Inc, unless noted otherwise. This information is provided as a service
to anyone; any unauthorized reproductions of this content is strictly
prohibited without prior written consent from Family Business Office,
Inc.
The information contained herein has been obtained from
sources believed to be reliable, but its accuracy and completeness are
not guaranteed. FBO reserves the right at anytime and without notice to
change, amend or cease publication of the information. It has been
prepared solely for informative purposes. FBO may also make
improvements and/or changes in the products and/or the programs
described in this information at any time without notice.
News
feeds, market quotes and other links on this web site are provided by
independent third parties and are not guaranteed to be accurate,
complete, or timely. Neither FBO nor independent third party providers
shall have any liability, contingent or otherwise, for the accuracy,
completeness, timeliness or correct sequencing of the information, or
for any decision made or action taken by you in reliance upon the
Information. The news, market quotes and links provided are shown for
your convenience only. Linked sites are independent and are not owned
or operated by FBO. FBO does not endorse any linked sites, nor does FBO
guarantee the timeliness, accuracy, completeness, or adequacy of any
information posted on the linked sites. FBO does not necessarily agree
with any opinion, outlook, or forecast stated on any linked site. FBO
reserves the right to terminate, modify or change the links, news
sources and market quote sources at any time without notice.
No Recommendation
The
FBO web site is provided for informational purposes only and shall not
be construed to be a recommendation to buy or sell securities. Nothing
on this web site shall be considered a recommendation or solicitation
to buy or sell securities. Nothing on this web site shall be considered
a recommendation or solicitation to buy or an offer to sell a security
to any person in any jurisdiction where such offer, solicitation,
purchase or sale would be unlawful under the securities laws of such
jurisdiction. Any investment decisions you may make on the basis of any
information found on this web site is your sole responsibility.
FBO
does not represent, warrant, endorse or guarantee any advertised
products or services, and the identification or listing of products,
services, links or other information on the FBO site or any linked site
does not constitute or imply any sponsorship, affiliation or
recommendation by FBO. You assume all responsibility and risk
associated with the use of the FBO service and the Internet generally.
Disclaimer and Limitation of Liability
THE
FBO SITE AND INFORMATION PROVIDED ON THE SITE IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. NEITHER FBO NOR ANY PERSON
ASSOCIATED WITH FBO MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT
TO THE QUALITY, ACCURACY OR AVAILABILITY OF THE FBO SITE. SPECIFICALLY,
BUT WITHOUT LIMITING THE FOREGOING, NEITHER FBO NOR ANYONE ASSOCIATED
WITH FBO WARRANTS OR REPRESENTS THAT THE FBO WEB SITE OR THE
INFORMATION PROVIDED ON THAT WEB SITE WILL BE ACCURATE, RELIABLE,
ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE
FBO SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS; OR THAT THE FBO SITE WILL OTHERWISE MEET YOUR
NEEDS OR EXPECTATIONS. FBO DISCLAIMS ALL WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. IN NO EVENT WILL
FBO OR ITS CONTRACTORS BE LIABLE FOR ANY DANAGES OF ANY KIND, UNDER ANY
LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF , OR
INABILITY TO USE, THE FBO SITE OR ANY LINKED SITE, INCLUDING ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DAMAGES
RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF
FILES OR ELECTRONEC COMMUNICATIONS, OR ERRORS, OMISSIONS, OR OTHER
INACCURACIES IN THE FBO WEB SITE OR THE CONTENT TRANSMITTED ON THE FBO
WEB SITE, WHETHER OR NOT THERE IS NEGLIGENCE BY FBO AND WHETHER OR NOT
FBO HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
SOME OF THE FOREGOING EXCLUSIONS ARE NOT PERMITTED IN CERTAIN STATES OR COUNTRIES, AND MAY NOT APPLY TO YOU.
Indemnification
You
agree to indemnify and hold harmless FBO, its affiliates, agents,
third-party information providers, merchants, licensors and others
involved in the delivery of the FBO web site or the delivery of
products, services or information over the FBO web site, and their
respective officers, employees and directors, from and against any and
all liabilities, expenses, damages, and costs, including reasonable
attorney's fees, resulting form any violation by you of this Agreement
or otherwise arising out of your use of the FBO web site.
Privacy; Protection of Personal Information
FBO's
use of your personal information is in accordance with our privacy
policy and is incorporated by reference into these Terms of Service.
Comments and Submissions
FBO
welcomes your comments. All comments, suggestions or other information
sent by you to this site (other than postings to publicly available
portions of this site such as message boards or chat rooms) are for
internal use by FBO or its advertisers or business partners or in
response to solicitations on this site, will become FBO's property. You
agree that all intellectual property rights therein are transferred to
FBO.
Compliance
This site is operated from a site
in the State of Texas, USA. FBO makes no representation that materials
in this site are appropriate or available for use in other locations.
If you access this site from other locations, you are responsible for
complying with local laws.
Contact
Please contact us at Family Business Office, Inc., 817-684-8600 or e-mail to fbo@familybusinessoffice.net
if you become aware of any content that you believe to be in violation
of these Terms of Services, including without limitation, claims that
any content on the FBO web site infringes the copyright of a third
party.
Miscellaneous
These Terms and Conditions
shall be governed in all respects by and construed in accordance with
the laws of the State of Texas, USA, without regard to its conflicts of
law principles. These Terms and Conditions, as they may be amended from
time to time, completely and exclusively state the agreement between
you and FBO with respect to the FBO web site, and no other terms that
may have been communicated to you orally or in any other manner shall
have any force or effect. Any cause of action you may have with respect
to the FBO web site must be commenced within one (1) year after the
claim or cause of action arises or such claim or cause of action is
barred. Exclusive jurisdiction over any cause of action be in Circuit
Court of Tarrant County, Texas. You agree to submit to the jurisdiction
of such courts.
If any part of these Terms and Conditions is
unenforceable, the unenforceable part shall be construed to reflect, as
nearly as possible, the original intentions of the parties. The other
provisions of these Terms and Conditions shall remain in full force and
effect.
FBO's failure to insist upon or enforce strict
performance of any provision of these Terms and Conditions shall not
constitute a waiver of the provision. Neither a course of dealing or
conduct between you and FBO nor any trade practices shall be deemed to
modify these Terms and Conditions.
Personal Information
Internally,
any personal information gathered is used to communicate with you,
process and respond to your requests, and provide you with information
regarding the products and services we make available. Personal
information is never sold, rented, or used for other purposes. FBO
employees and contractors are bound by strict confidentiality
agreements and any misuse of client information will be grounds for
disciplinary action.
Client Center
To access the
Client Center portion of our site, FBO members are assigned a username
and password. "Cookies" are used to verify this identification
information when logging onto this portion of our site. Cookies are
identifiers which a website can send to your browser to keep on your
computer, and contain information such as a user ID that allows access
to secure portions of a site, or to track the pages you've visited.
Links
This
website contains links to other sites. Please be aware that FBO is not
responsible for the privacy practices of such other sites. We encourage
our users to be aware when they leave our site and to read the privacy
statements of other sites that collect personally identifiable
information. This privacy statement applies solely to information
collected by this site.
Affiliates
On occasion,
FBO will rely on third party affiliates to assist us in providing the
services and products we offer to you. Any affiliate receiving
information from FBO will receive only the minimal amount of
information necessary to support the services offered by FBO, and will
be contractually obligated to preserve that information supplied to
them for any purpose other than to support FBO services.
