Interpretation of the Terms of Use
If any part of the Terms of Use is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited
to, the warranty disclaimers and liability limitations contained
herein, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely
matches the intent of the original provision and the remainder of
the Terms of Use shall continue in effect. Unless otherwise
specified herein (or in any other definitive written agreement
between you and FPE), the Terms of Use constitutes the entire
agreement between you and FPE with respect to the FPE Network and it
supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between you and FPE
with respect to the FPE Network. A printed version of the Terms of
Use and of any notice given in electronic form shall be admissible
in judicial or administrative proceedings based upon or relating to
the Terms of Use to the same extent and subject to the same
conditions as other business documents and records originally
generated and maintained in printed form.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF AND RELIANCE
UPON ANY AND ALL OF THE FPE NETWORK, SERVICES AND/OR CONTENT IS AT
YOUR SOLE RISK AND IS MADE AVAILABLE ON AN "AS IS" AND "AS
AVAILABLE" BASIS. FPE MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS,
WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS,
ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS,
OR TIMELINESS OF THE FPE NETWORK, SERVICES AND/OR CONTENT. FPE
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
Indemnification
YOU AGREE TO INDEMNIFY AND HOLD FPE, ITS THIRD-PARTY VENDORS,
CORPORATE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS
HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING, BUT NOT
LIMITED TO REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD-PARTY DUE
TO OR ARISING OUT OF ANY CONTENT, SUBMITTED, POSTED, OR OTHERWISE
PROVIDED BY YOU TO THE FPE NETWORK AND/OR FPE AND/OR ITS THIRD PARTY
ADVERTISERS AND ANY BREACH BY YOU OR YOUR AFFILIATES, EMPLOYEES,
AGENTS AND REPRESENTATIVES OF THESE TERMS OF USE.
Limitation of Liability
IN NO EVENT SHALL FPE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR
PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF THE FPE NETWORK, WITH THE DELAY OR INABILITY TO
ACCESS OR USE THE FPE NETWORK OR RELATED SERVICES, THE PROVISION OF
OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, SOFTWARE,
PRODUCTS AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH THE FPE
NETWORK, OR OTHERWISE ARISING OUT OF THE USE OF THE FPE NETWORK,
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF MOVE HAS BEEN ADVISED OF THE POSSIBILITY OF
DAMAGES. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH
THE USE OF THE FPE NETWORK, AND ALL OTHER USE OF THE FPE NETWORK, IS
DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS THEREFROM.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE FPE NETWORK, OR WITH
ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE FPE NETWORK.
Copyright
All materials on the FPE Network (as well as the organization and
layout of the FPE Network) are owned and copyrighted or licensed by
FPE, its corporate affiliates or its third-party vendors. © FPE,
Inc. 2007, all rights reserved. No reproduction, distribution, or
transmission of the copyrighted materials on the FPE Network is
permitted without the written permission of FPE. Any rights not
expressly granted herein are reserved.
Pursuant to Title 17, United States Code, Section 512, notifications
of claimed copyright infringement should be sent to Move's
Designated Agent set forth below. All inquiries must be filed in
accordance with Title 17, United States Code, Section 512.
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