Last Revised: July 28, 2019
FAH grants you a personal, non-exclusive, non-transferable, limited license to use the Service and to view or access the System solely for your personal or internal use and subject to the condition that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to the System. You further agree not to modify the System, or any part thereof, in any form or manner, nor to use any modified versions of the System, for any reason whatsoever, without the express written consent of FAH. You may not attempt to gain any unauthorized access to the System or any of its associated content, including computer systems, software, or networks. No commercial use or redistribution of any content, materials, or information contained on or offered through the System is permitted, unless expressly specified in a prior agreement between you and FAH.
D. AUTHORIZED USER DATA; LICENSE; REPRESENTATION AND WARRANTY
Any use or attempted use of the System (i) for any unlawful, unauthorized, fraudulent or malicious purpose; (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server; (iii) that could interfere with any other party’s use and enjoyment of the System; (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means; (v) to access systems, data or information not intended by FAH to be made accessible to a user; (vi) to attempt to obtain any materials or information through any means not intentionally made available by us; or (vii) any use other than the purpose for which it was intended, is prohibited.
In addition, in connection with your use of the System, you agree you will not:
(a) Upload or transmit any message, information, data, text, software or images, or other content that is unlawful, immoral, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity; (b) Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any FAH representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; (c) Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); (d) Upload files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another; (e) Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; (f) Use of any of the System’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text); (g) Upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, commercial or otherwise; (h) Violate any applicable local, state, national or international law; (i) Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party; (j) Delete or revise any material posted by any other person or entity; (k) Probe, scan, test the vulnerability of or breach the authentication measures of, the System or any related networks or systems; (l) Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any products or services if you are not expressly authorized by such party to do so; (m) Harvest or otherwise collect information about others, including e-mail addresses; or (n) Use any robot, spider, scraper, or other automated or manual means to access the System, or copy any content or information on the System.
Authorized User grants to FAH a worldwide, perpetual, irrevocable, non-transferable, royaltyfree license to use, reproduce, create derivative works of, sub-license and exercise all rights with respect to Authorized User’s data in any media format for data that Authorized User has submitted to FAH.
Any information, communications, or material of any type or nature that you submit to the System (including any FAH page on any social media platform or website) by e-mail, posting, messaging, uploading, downloading, or otherwise (collectively, a “Submission”) is done at your own risk and without any expectation of privacy. FAH does not own any Submissions. However, by providing such Submissions you are granting FAH a nonexclusive, irrevocable, worldwide, sublicenseable, transferable, perpetual, unlimited, assignable, fully paid up and royalty-free right to copy, publish, prepare derivative works of, distribute, process, analyze, use and commercialize, in any way now known or in the future discovered, such Submissions (or any content or materials contained therein). Additionally, all Submissions that you provide via any social media platform is at your own risk, and you hereby represent and warrant that you have the full legal right to so provide such Submissions and that they, and any content or material contained therein, is not confidential or proprietary to any third party, nor are you using it in violation of any law or contractual restriction.
E. DEALINGS WITH OTHER AUTHORIZED USERS, SPONSORS AND ADVERTISERS
Authorized User agrees that FAH will not be responsible or liable for any loss or damage incurred as a result of any interaction or relationship with other Authorized Users, sponsors, or advertisers, or as a result of such parties’ access to and use of the System.
Links provided to other locations or web sites are made available for Authorized User’s convenience only and do not indicate our endorsement or sponsorship of such other location or site or its data. We do not review or control, and are not responsible for any web sites other than the System (and in the case of the System, only as provided for herein), or any data available on such other web sites or locations. FAH disclaims all liability for such websites, for all access to and use thereof, and for use of the links to such websites.
We also disclaim all liability, and make no representations or warranties, with respect to any products or services made available, sold, or provided to you by any third party. Your use of other websites, and any purchases of products or services through other websites, is subject to the terms and conditions of such other websites. You agree that you will bring no suit or claim against FAH arising from or based upon any such use of other websites. Hyperlinks to other websites that are provided on the System do not imply that: (a) FAH is affiliated or associated with any linked sites; (b) FAH is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in connection with or accessible through such links; or (c) any linked site is authorized to use any trademark, trade name, logo, or copyright symbol of FAH.
Neither you nor any other website may link to the System (or any portion thereof) without the permission of FAH. In any event, without our express, prior, written permission, it is expressly prohibited to: (a) “deep link” to any page of the Website (or any other portion of the System) other than the home page of the Website; (b) “frame” the Website (or any other portion of the System) or any content or otherwise cause the Website (or any other portion of the System) or any content to appear in a window with any other material that does not constitute content; (c) cause the hyperlink to the Website (or any portion of the System), or any content therein, to be displayed in any way that is disparaging to FAH or any entity that is affiliated or associated with FAH; or (d) otherwise imply or state that any type of relationship or special arrangements exist with FAH and any other entity. You agree that you will promptly remove any hyperlink to the Website or any portion of the System upon the written request of FAH. In no event will you use any logo or trademark of FAH as a hyperlink “button,” or in any other manner, without HOA’s express written consent.
G. MODIFICATIONS TO THE SYSTEM
We reserve the right to modify or discontinue the System (including any portion of the Services, Mobile Applications, or the Website) without notice to Authorized User. We are not liable to Authorized User or any third party should we exercise our right to modify or discontinue the System (or any portion thereof). If Authorized User objects to any such changes, his, her or its sole recourse is to discontinue using the System. Continued access and/or use of the System following notice of any such changes shall indicate Authorized User’s assent to and acceptance of such changes.
J. DISCLAIMER OF WARRANTIES FAH does not promise, covenant, represent, warrant, or guarantee that you or any other user of the System will obtain any particular or tangible result through the use of the System, or obtain any other product or service in connection with use of the System. It is solely your responsibility to take appropriate precautions to ensure that any information, materials, software, or data that you submit to or through the System or FAH, or that you access, use, download, or otherwise obtain on or through the System or FAH, are: (a) up-to-date, accurate, complete, reliable, truthful, and suitable to and appropriate for the purpose for which they are intended; and (b) free of viruses and other disabling devices and destructive routines.
AUTHORIZED USER EXPRESSLY AGREES THAT USE OF THE SYSTEM IS AT AUTHORIZED USER’S OWN RISK. THE SYSTEM IS PROVIDED ON AN “AS AVAILABLE” AND “AS IS” BASIS. HOA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SYSTEM.
FAH AND/OR OUR THIRD PARTY SUPPLIERS OR LICENSORS DO NOT REPRESENT, WARRANT, OR COVENANT THAT THE SYSTEM (OR ANY PORTION THEREOF) WILL
BE ACCURATE, CURRENT, COMPLETE, FREE OF TECHNICAL AND TYPOGRAPHICAL ERRORS, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU OR ANY THIRD PARTY MAY CHOOSE TO PUT THEM, THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SYSTEM IS FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS. FAH PERIODICALLY AMENDS, CHANGES, ADDS, DELETES, UPDATES, OR ALTERS THE SYSTEM WITHOUT NOTICE. FURTHER, FAH ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SYSTEM. FAH SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE INFORMATION ON THE SYSTEM.
FAH DOES NOT MAKE ANY WARRANTY THAT THE SYSTEM WILL BE UNINTERRUPTED, TIMELY, OR SECURE OR AS TO THE ACCURACY, OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM OR THROUGH THE USE OF THE SYSTEM, OR THAT DEFECTS IN THE SYSTEM WILL BE CORRECTED. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, ACCURACY, PERFORMANCE, AND RESULTS TO BE OBTAINED THROUGH THE USE OF THE SYSTEM IS WITH AUTHORIZED USER.
NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY AUTHORIZED USER FROM FAH OR THROUGH THE SYSTEM SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. FAH MAKES NO WARRANTY REGARDING ANY TRANSACTIONS OR DEALINGS ENTERED INTO WITH ANY OTHER PARTIES THROUGH THE SYSTEM. AUTHORIZED USER UNDERSTANDS AND AGREES THAT ANY INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT AUTHORIZED USER’S OWN DISCRETION AND RISK, AND THAT AUTHORIZED USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS, HER OR ITS COMPUTER SERVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH INFORMATION.
K. LIMITATION OF LIABILITY
DESCRIPTIONS OF OR REFERENCES TO PRODUCTS, SERVICES, OR PUBLICATIONS ON THE SYSTEM DO NOT IMPLY ENDORSEMENT OF THAT PRODUCT, SERVICE, OR PUBLICATION. FAH MAKES NO WARRANTY OF ANY KIND WITH RESPECT TO THE SUBJECT MATTER INCLUDED HEREIN OR THE PRODUCTS LISTED HEREIN. FAH SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESSED, IMPLIED, OR OTHERWISE.
M. Proprietary Rights.
FAH respects the intellectual property rights of others and expects you to do the same. We have expended substantial time, effort and funds to create the System and to collect and provide the features, materials and services that are available on or through the System. You understand and agree that FAH owns, or (where required, appropriate, or applicable) has been licensed by third parties to use, all right, title, and interest in and to the System and the features, materials and services made available on or through the System, and all information, text, data, computer code, music (whether auditory or written), artwork, databases, graphics, images, sound recordings, audio and visual clips, logos, software, and other materials contained therein, and the compilation, collection, design, selection, and arrangement thereof (collectively, the “Content”) as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content. You acknowledge that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest by accessing and using the System and the Content. Such intellectual property and proprietary rights may include, but are not limited to, various patents, copyrights, trademarks and service marks, registered trademarks and service marks, trade dress protection, and trade secrets, and all such rights are and shall remain the property of FAH or its licensors and contentproviders.
All copyright and trade secret rights in and to the System (or any portion thereof) are and shall be the exclusive property of FAH. To the extent, if any, that Authorized User has or obtains any rights in or to the System, Authorized User hereby irrevocably assigns to FAH, and agrees that FAH shall be the sole and exclusive owner of, all right, title and interest in and to the System, including without limitation all copyright, trade secret and other proprietary rights therein that may be secured in any place under laws now or hereafter in effect.
The posting of information or other materials or Content on the System by FAH does not constitute a waiver of any proprietary right in such information, materials, or Content (such as, but not limited to, copyright, patent, trademark, or other intellectual property rights) and does not transfer any rights to a user of the System or to any other third party, except as expressly provided herein.
Names, logos, and other materials displayed on the System constitute trade names, logos, trademarks, and service marks (“Marks”) are owned by or licensed to FAH. Authorized User is not authorized to use these Trademarks without the prior written consent of FAH. As between FAH and Authorized User, FAH and its licensors are and shall be the owner of all Marks and all goodwill associated with such Marks.
O. COPYRIGHTS and USE RESTRICTIONS
The data included as part of the System, including without limitation, text, databases, software, code, and graphics, is (a) copyrighted by FAH under United States copyright laws, (b) subject to other intellectual property laws, and (iii) owned by FAH. Such data may not be copied, reproduced, republished, uploaded, publicly displayed, encoded, translated, transmitted, or redistributed in any way to any other compute, server, website, or via any other medium for publication or distribution, or for any commercial enterprise, without our express prior written consent. Authorized User must abide by all copyright notices, information, or restrictions contained in or linked to any data described herein.
P. ACCOUNTS, PASSWORDS, AND SECURITY
If you elect to subscribe to any online services provided via the System, including the ability to manage an account online, you will be required to submit certain personal and non-personal data for the purpose of verifying your identity and your authority to manage the account. Each Authorized User can select a unique username and password that enables access to the online account enabled services. We monitor the use of the usernames and passwords in order to collect and maintain records of all individual transactions conducted through the System by Authorized Users, and those records are associated with each Authorized User’s individual account profile (“Account Profile”) within the System. This Collected Information will be used exclusively by FAH, our agents, suppliers and third-party service providers for internal use, to respond to your service requests, and as necessary to provide for the safety of our volunteers and any people served by FAH.
Authorized Users may access their Account Profiles at any time to update Personal Data contained within that Account Profile. Subsequent uses or disclosures of information by FAH will reflect those changes. Certain information is necessary in order for FAH to provide certain services; therefore, if you delete such necessary information, you may not be able to make full use of the Services offered on the System.
Q. TYPOGRAPHICAL ERRORS
The System could include technical inaccuracies or typographical errors. FAH shall have no liability in connection with any such inaccuracies or errors, nor shall FAH have any obligation to identify and/or correct any such inaccuracies or errors.
All responsibility or liability for any damages caused by viruses contained within the electronic files or on the System is disclaimed.
S. INTERNATIONAL USAGE
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on the System. The System is controlled and operated in the United States. IF YOU ARE ACCESSING THE SITE FROM OUTSIDE THE UNITED STATES, AND ARE RESTRICTED UNDER THE LAW OF YOUR JURISDICTION FROM DOING SO, DO NOT ACCESS OR USE THE SYSTEM (OR ANY PORTION THEREOF).
V. CONTACT US