FFT USA CORPORATION (“FFT USA”) offers you and other users of our Web site (each a “User”) access to our Web site (the “Site”) and the Materials (as defined below) under the terms and conditions contained below, the Site Privacy Statement, as well as any other terms, conditions, and rules that may be displayed from time to time on the Site (collectively the “Agreement”).
By accessing and using the Site you accept this Agreement and agree to be bound by each of its terms.
Changes to the Agreement
FFT USA may change or modify this Agreement from time to time. All changes and modifications shall be posted on the Site as part of this Agreement and shall be effective ten (10) days after posting on the Site. Your access to or use of the Site and the Materials on or after such effective date constitutes acceptance of any changes. This Agreement may not be otherwise amended except in writing signed by FFT USA. YOU SHOULD READ THIS AGREEMENT EACH TIME YOU ACCESS THE SITE. This Agreement was revised on 30 August 2016.
Use of the Site and the Materials
Subject to the terms and conditions in this Agreement, FFT USA hereby grants to you a nontransferable, nonexclusive license to access and use the Site and the Materials (as defined below) solely for your use in accordance with this Agreement. FFT USA may in its sole discretion add, delete, or change the Site or some or all the Materials at any time.
You agree that you will not use, republish, reproduce, or distribute any of the information or Materials available through the Site or any e-mail or other communication by or between FFT USA, its partners and/or any other User, or make any use of any such information or the facilities of FFT USA in any way that (i) violates this Agreement, (ii) infringes upon the rights of others; (iii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; or (iv) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
You shall be responsible for providing and maintaining all communications lines, telephone/transmission services, and all equipment and technology necessary for you to access and use the Site.
You acknowledge that FFT USA and/or its third-party partners own the software, designs, screens, content, and other information on the Site, including the trademarks, service marks, and logos appearing on the Site (collectively, the “Materials”). You acknowledge that you do not acquire any ownership rights in the aforementioned by printing, downloading, or otherwise making use of the Site or the Materials. To the maximum extent legally possible, you agree that you will not directly or indirectly copy or reproduce all or any part of the Materials, whether electronically, mechanically, or otherwise, in any form without prior written permission from FFT USA; provided, however, that you may make copies of Web pages and the Materials in your internal computer system as part of accessing the Site and for your own internal use.
You acknowledge that FFT USA may be obtaining information about you through your use of the Site and the Materials. You hereby grant FFT USA a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exploit such information, subject, however, to the limitations and rights set forth in the Site Privacy Statement.
You may terminate this Agreement at any time by ceasing to access the Site. FFT USA may terminate this Agreement and the license granted to you at any time with or without cause. In the case of any termination, you agree to continue to abide by the provisions of the Agreement, which shall remain in full force and effect after such termination, except that the license to use the Site and the Materials shall be terminated.
Warranty Disclaimer/Limitation of Liability
YOU AGREE THAT USE OF THE SITE AND THE MATERIALS IS ENTIRELY AT YOUR OWN RISK. THE SITE AND MATERIALS ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR PARTICULAR PURPOSE.
NEITHER FFT USA NOR ANY OF ITS AGENTS, PARTNERS OR CONTENT PROVIDERS SHALL BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SITE, MATERIALS OR ANY INFORMATION OR PRODUCTS OR SERVICES OBTAINED FROM FFT USA OR THROUGH THE SITE.
WITHOUT IN ANY WAY LIMITING ANY OTHER PROVISION CONTAINED HEREIN, YOU AGREE THAT IN NO EVENT SHALL FFT USA, ITS AGENTS, PARTNERS OR CONTENT PROVIDERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY INDIRECT LOSS, DAMAGE, LIABILITY, OR EXPENSE THAT YOU MAY SUFFER THAT IS RELATED TO YOUR USE OF THE SITE OR THE MATERIALS.
You agree to defend, indemnify, and hold harmless FFT USA, its agents, partners, and content providers, and their affiliates and their respective agents and assigns from and against all claims and expenses, including attorneys’ fees, arising out of your use of the Site or the Materials.
FFT USA may give you notice by means of a general notice on the Site, or by e-mail to your e-mail address on record at FFT USA, or in writing sent to your address on record with FFT USA. You may give notice to FFT USA and such notice shall be deemed given when received by FFT USA.
This Agreement shall be governed by the laws of the State of California, without regard to California choice of law principles. The federal and state courts located in Los Angeles County, California, shall have the exclusive jurisdiction over any action relating to this Agreement and each of the parties hereto irrevocably submits to the jurisdiction of such courts. If any term, provision, covenant, or restriction of this Agreement is held by a court of competent jurisdiction or other authority to be invalid, void, unenforceable, or against public policy, the remainder of this Agreement shall remain in full force and effect. The Agreement constitutes the entire agreement among the parties and supersedes all prior agreements and understandings, whether written or oral, with respect to the subject matter of this Agreement. You shall not be entitled to assign or transfer any of your rights hereunder or allow any person to obtain the benefits of such rights without prior written consent from FFT USA.