| Terms
of Website Use for
Fox and Fox, Inc.
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Acceptance
of Terms of Use and Amendments.
Each time you use or cause access to this web site, you agree to be
bound by these Terms of Use, and as amended from time to time with
or without notice to you. In addition, if you are using a particular
service on or through this web site, you will be subject to any rules
or guidelines applicable to those services and they shall be incorporated
by reference into these Terms of Use. Please see our Privacy
Policy, which is incorporated into these Terms of Use by reference.
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Our
Service.
Our web site and services provided to you on and through our web site
on an "AS IS" basis.You agree that the owners of this web
site exclusively reserve the right and may, at any time and without
notice and any liability to you, modify or discontinue this web site
and its services or delete the data you provide, whether temporarily
or permanently. We shall have no responsibility or liability for the
timeliness, deletion, failure to store, inaccuracy, or improper delivery
of any data or information. ***NO
COVERAGES CAN BE BOUND OR CHANGES MADE TO YOUR POLICY, NEW OR EXISTING,
WITHOUT RECEIVING A WRITTEN BINDER FROM OUR OFFICE. SUBMISSION OF
FORMS FROM THIS SITE DO NOT CONSTITUTE A BINDING COVERAGE AGREEMENT***
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Your
Responsibilities and Registration Obligations.
In order to use this web site, you must agree to provide truthful
information when requested, and be at least the age of thirteen (13)
or older. When registering, you explicitly agree to our Terms of Use
and as may be modified by us from time to time and available here.
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Privacy
Policy.
Registration data and other personally identifiable information that
we may collect is subject to the terms of our Privacy
Policy.
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Your
Conduct.
You agree that all information or data of any kind, whether text,
software, code, music or sound, photographs or graphics, video or
other materials ("Content"), publicly or privately provided,
shall be the sole responsibility of the person providing the Content
or the person whose user account is used. You agree that our web site
may expose you to Content that may be objectionable or offensive.
We shall not be responsible to you in any way for the Content that
appears on this web site nor for any error or omission. You explicitly
agree, in using this web site or any service provided, that you shall
not:
(a) provide
any Content or perform any conduct that may be unlawful, illegal,
threatening, harmful, abusive, harassing, stalking, tortious, defamatory,
libelous, vulgar, obscene, offensive, objectionable, pornographic,
designed to or does interfere or interrupt this web site or any service
provided, infected with a virus or other destructive or deleterious
programming routine, give rise to civil or criminal liability, or
which may violate an applicable local, national or international law;
(b) impersonate or misrepresent your association with any person or
entity, or forge or otherwise seek to conceal or misrepresent the
origin of any Content provided by you;
(c) collect or harvest any data about other users;
(d) provide or use this web site and any Content or service in any
commercial manner or in any manner that would involve junk mail, spam,
chain letters, pyramid schemes, or any other form of unauthorized
advertising without our prior written consent;
(e) provide any Content that may give rise to our civil or criminal
liability or which may constitute or be considered a violation of
any local, national or international law, including but not limited
to laws relating to copyright, trademark, patent, or trade secrets.
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Submission
of Content on this Web Site.
By providing any Content to our web site:
(a) you agree to grant to us a worldwide, royalty-free, perpetual,
non-exclusive right and license (including any moral rights or other
necessary rights) to use, display, reproduce, modify, adapt, publish,
distribute, perform, promote, archive, translate, and to create derivative
works and compilations, in whole or in part. Such license will apply
with respect to any form, media, technology known or later developed;
(b) you warrant and represent that you have all legal, moral, and
other rights that may be necessary to grant us with the license set
forth in this Section 7;
(c) you acknowledge and agree that we shall have the right (but not
obligation), in our sole discretion, to refuse to publish or to remove
or block access to any Content you provide at any time and for any
reason, with or without notice.
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Third
Party Services.
Goods and services of third parties may be advertised and/or made
available on or through this web site. Representations made regarding
products and services provided by third parties are governed by the
policies and representations made by these third parties. We shall
not be liable for or responsible in any manner for any of your dealings
or interaction with third parties.
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Indemnification.
You agree to indemnify and hold us harmless, our subsidiaries, affiliates,
related parties, officers, directors, employees, agents, independent
contractors, advertisers, partners, and co-branders from any claim
or demand, including reasonable attorney's fees, that may be made
by any third party, that is due to or arising out of your conduct
or connection with this web site or service, your provision of Content,
your violation of this Terms of Use or any other violation of the
rights of another person or party.
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Disclaimer
of warranties.
Your understand and agree that your use of this web site and any services
or content provided (the "service") is made available and
provided to you at your own risk. It is provided to you "as is"
and we expressly disclaim all warranties of any kind, implied or express,
including but not limited to the warranties of merchantability, fitness
for a particular purpose, and non-infringement.
WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE
WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE,
RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER
FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT
IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE
OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK
AND WITHOUT OUR LIABILITY OF ANY KIND.
Some jurisdictions may not allow disclaimers of implied warranties
and the above disclaimer may not apply to you only as it relates to
implied warranties.
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Limitation
of liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING
OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE
COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY
TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS
OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER
RELATING TO THE SERVICE. In some jurisdictions, it is not permitted
to limit liability and therefore such limitations may not apply to
you.
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Reservation
of Rights.
We reserve all of our rights, including but not limited to any and
all copyrights, trademarks, patents, trade secrets, and any other
proprietary right that we may have in our web site, its content, and
the goods and services that may be provided. The use of our rights
and property requires our prior written consent. We are not providing
you with any implied or express licenses or rights by making services
available to you and you will have no rights to make any commercial
uses of our web site or service without our prior written consent.
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Applicable
Law.
You agree that this Terms of Use and any dispute arising out of your
use of this web site or our products or services shall be governed
by and construed in accordance with local laws where the headquarters
of the owner of this web site is located, without regard to its conflict
of law provisions. By registering or using this web site and service
you consent and submit to the exclusive jurisdiction and venue of
the county or city where the headquarters of the owner of this web
site is located.
- Miscellaneous
Information.
(i) In the event that this Terms of Use conflicts with any law under
which any provision may be held invalid by a court with jurisdiction
over the parties, such provision will be interpreted to reflect the
original intentions of the parties in accordance with applicable law,
and the remainder of this Terms of Use will remain valid and intact;
(ii) The failure of either party to assert any right under this Terms
of Use shall not be considered a waiver of any that party's right and
that right will remain in full force and effect; (iii) You agree that
without regard to any statue or contrary law that any claim or cause
arising out of this web site or its services must be filed within one
(1) year after such claim or cause arose or the claim shall be forever
barred; (iv) We may assign our rights and obligations under this Terms
of Use and we shall be relieved of any further obligation.
Privacy
Introduction.
We take your right to privacy seriously and want you to feel comfortable
using our web site. This Privacy Policy deals with personally identifiable
information (referred to as "Data" below) that may be collected
by us on our site. This Policy does not apply to other entities that we
do not own or control or persons that are not our employees, agents or
within our control. Please take time to read our Terms of Use.
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Collection
of Data.
Our process requires a significant amount of information collection
in order that we may appropriately serve you. Required fields are
indicated. Providing us with other information is at your option.
Please take note that your name, e-mail address, or other submissions
that you make on this site may contain your real name or other personally
identifiable information. Like many web sites, we may also automatically
receive general information that is contained in our server log files
such as your IP address and cookie information. Information about
how advertising may be served on this site (if at all) is set forth
below.
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Use
of Data.
We may use Data to customize and improve your user experience on this
site. We will make efforts so that your Data will not be provided
to third parties unless (i) provided for otherwise in this Privacy
Policy; (ii) we obtain your consent, such as when you choose to opt-in
or opt-out to the sharing of Data; (iii) a service provided on our
site requires the interaction with or is provided by a third party,
by way of example an Application Service Provider; (iv) pursuant to
legal process or law enforcement; (v) we find that your use of this
site violates our this Policy, Terms of Service, other usage guidelines
or as deemed reasonably necessary by us to protect our legal rights
and/or property; (vi) or (vi) this site is purchased by a third party
whereby that third party will be able to use the Data in the same
manner as we can as set forth in this Policy. In the event you choose
to use links that appear on our site to visit other web sites, you
are advised to read the privacy policies that appear on those sites.
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Cookies.
Like many web sites, we set and use cookies to enhance your user experience,
such as retaining your personal settings. Advertisements may appear
on our web site and, if so, may set and access cookies on your computer
and is subject to the privacy policy of those parties providing the
advertisement. If advertising is present on our site, the companies
serving the advertising do not have access to our cookies. These companies
usually use non-personally identifiable or anonymous codes to obtain
information about your visits to our site.
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Children.
We do not allow persons who are ages eighteen or younger to submit
information to this site. For more information, please contact our
webmaster.
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Editing
or Deleting Your Account Information.
You may request deletion of your e-mail address by contacting our
webmaster. Other data that you may have provided to us will continue
to remain within our files at our discretion even though your e-mail
is deleted. Please see our Terms of Use for more information.
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Changes
to this Privacy Policy.
We may make changes to this Policy from time to time. We will notify
you of substantial changes to this Policy either by posting a prominent
announcement on our site and/or by sending a message to the e-mail
address you have provided to us that is contained within your user
settings.
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No
guarantees.
While this Privacy Policy states our standards for maintenance of
Data and we will make efforts to meet them, we are not in a position
to guarantee these standards. There may be factors beyond our control
that may result in disclosure of data. As a consequence, we disclaim
any warranties or representations relating to maintenance or nondisclosure
of Data.
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Contact
Information.
If you have any questions about this Policy or our web site, please
feel free to contact our webmaster.
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