Terms of Use

FMG Newsletters Terms of Use

April 25, 2014

These Terms of Use shall govern your use of the falkmarquesgroup.com website, any Falk Marques Group applications for mobile devices you download, any other Falk Marques Group, LLC or its affiliates online service you access, including any updates, new versions or new releases thereof (any and all of the foregoing are referred to collectively and individually as the “Newsletter”). The Newsletter is provided by Falk Marques Group, LLC (“We” or “FMG”). YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING, USING AND/OR DOWNLOADING THE NEWSLETTER, YOU AGREE TO BE LEGALLY BOUND BY AND HEREBY CONSENT TO THESE TERMS OF USE AND THE PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU MAY NOT USE, ACCESS OR DOWNLOAD THE NEWSLETTER.

  1. By accessing the Newsletter, you represent and warrant that you have attained at least 18 years of age or, if younger than 18, are at least 13 years of age and have a parent’s or guardian’s permission to access or use the Newsletter.
  2. We reserve the right to change the Terms of Use and/or to modify, discontinue, disable or terminate the Newsletter (or any part or feature thereof) at any time, without prior notice. If we make changes to the Terms of Use we will post an updated version on the Newsletter or provide you with notice of the change. Your continued use of the Newsletter following the posting of such updated version constitutes your acceptance of any changes to the Terms of Use. You agree to check the Terms of Use area on the Newsletter from time to time to keep apprised of any such updates.
  3. You acknowledge that we may automatically update or upgrade the version of the Newsletter you may be using on your mobile device. You consent to such automatic updating or upgrading on your mobile device, and agree that the Terms of Use will apply to all such updates or upgrades.
  4. The texts, interviews, photographs, videos, graphics, metadata, quotes, data, information, the overall “look and feel”, and all protectable intellectual property available through the Newsletter (“Content”) is the property of FMG and its licensors. It is provided by us and our licensors to you for your personal use and information only. You may not use the Content or Newsletter for any commercial purpose. You may not remove, alter, forward, scrape, copy, sell, distribute, retransmit, create derivative works or otherwise make available the Content to third parties without our prior written consent, except as occasionally permitted by any sharing functionality in the Newsletter that expressly allows you to share Content or links to Content with a few other individuals. You may not reverse engineer, decompile, disassemble or otherwise attempt to discern the source code or architecture of any feature or component of the Newsletter.
  5. You acknowledge and agree that all intellectual property rights in the Newsletter and the Content (in whole and in part), including, but not limited to, all copyright and trademarks, are and shall remain the property of FMG, its affiliates, and/or our licensors, and you shall not acquire any rights in them. Except for the limited license expressly set forth herein, you are not conferred any right, by implication, estoppel or otherwise, under copyright or other intellectual property rights, either now or in the future. We have arrangements with third party providers of printing services to enable you to purchase re-prints of certain Content (contact: Reprints@FalkMarquesGroup.com).
  6. You acknowledge and agree that you are subject to any additional terms and conditions (including, without limitation, any user guidelines or rules) posted on the Newsletter in connection with any features, component or Content made available through the Newsletter. Any such additional terms and conditions so posted are hereby incorporated by reference into these Terms of Use. Certain additional services may be offered or promoted by FMG and its affiliates within the Newsletter, but are outside the scope of these Terms of Use and will require a separate agreement with the appropriate FMG entity.
  7. The Newsletter may have features that allow you to comment on, engage in discussions with or otherwise upload, submit or post content, information, graphics, videos, images or links to the Newsletter (collectively, “User Material”). User Material is subject to these Terms of Use and any additional terms that are referred to in the area of the Newsletter where you upload, submit or post it. You hereby agree not to upload, submit or post any User Material that (a) is abusive, illegal, defamatory, indecent, obscene, offensive or threatening in any way; (b) encourages anyone to break the law; (c) violates anyone’s copyright, trademark or other proprietary right; (d) interferes with the privacy of another user; (d) contains a virus or any other harmful components; (e) contains false or misleading statements; or (f) gives rise to any liability or violates any applicable local, state, federal or international law or regulation. You represent that you have all the necessary legal rights to upload, submit or post your User Material and you hereby grant FMG and its affiliates and successors a non-exclusive, transferable, worldwide, fully paid-up, royalty-free, perpetual, irrevocable right and license to use, distribute, publicly perform, display, reproduce, modify, translate, sublicense and create derivative works from your User Material in any and all media in any manner, in whole or in part, without any duty to notify or to compensate you. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of User Material that you may have under any applicable law or legal theory.
  8. We have no obligation to store and we may remove or delete any User Material for any reason, at any time and without notice to you.
  9. We respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act.
  10. We do not guarantee the accuracy of or endorse the views or opinions given by any third party content provider, interviewer, person interviewed, advertiser, sponsor or other user. We may link to, reference, or promote websites, applications and/or services from third parties. You agree that we are not responsible for, and do not control such non-FMG websites, applications or services. We may run paid advertisements and sponsorships from third parties on the Newsletter. Any dealings you have with any such third party advertisers or sponsors are solely between you and such advertiser or sponsor.
  11. The Newsletter and Content are provided for informational purposes only. You understand and agree that the Newsletter does not recommend any security, financial product or instrument, nor does mention of a particular security on the Newsletter constitute a recommendation for you to buy, sell, or hold that or any other security, financial product or investment. The Newsletter does not provide tax, legal or investment advice or opinion regarding the suitability, value or profitability of any particular security, portfolio or investment strategy. Neither we nor our licensors shall be liable for any errors, inaccuracies or delays in the Newsletter or any Content, or for any actions taken by you in reliance thereon. You expressly agree that your use of the Newsletter and the Content is at your sole risk.
  12. YOU AGREE THAT YOUR ACCESS TO AND USE OF THE NEWSLETTER AND ANY CONTENT, COMPONENT OR FEATURE AVAILABLE THROUGH THE NEWSLETTER IS ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY REPRESENTATIONS OR WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, RELIABILITY AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL RESPONSIBILITY FOR ANY LOSS, INJURY CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM OR RELATED TO ACCESS, USE OR THE UNAVAILBILITY OF THE NEWSLETTER (OR ANY PART THEREOF).
  13. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FMG, ITS SUBSIDIARIES, ITS AFFILIATES AND THEIR RESPECTIVE MEMBERS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ADVERTISERS, CONTENT PROVIDERS AND LICENSORS (COLLECTIVELY, THE “FMG PARTIES”) WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUESTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES, WHETHER IN NEGLIGENCE, TORT, CONTRACT OR ANY OTHER THEORY OF LIABILITY, EVEN IF THE FMG PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OR COULD HAVE FORESEEN ANY SUCH DAMAGES.
  14. The Newsletter, and components thereof, may be subject to United States export controls. No Newsletter or any part thereof may be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country to which the United States has embargoed goods, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the Newsletter, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
  15. These Terms of Use contains the entire agreement between us regarding your use of the Newsletter and supersedes all previous agreements. Should any provision of the Terms of Use be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions will not be affected thereby. Failure to enforce any provision of the Terms of Use will not constitute or be construed as a waiver of such provision or the right to enforce it. The Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts in the United States, without giving effect to any principles of conflicts of law. You hereby agree that any disputes arising under or in connection with the Terms of Use or the Newsletter shall be submitted for resolution to federal and state courts in Middlesex County in the Commonwealth of Massachusetts, and you hereby waive any jurisdictional, venue or inconvenient forum objections to such courts. The United National Convention on the International Sale of Goods shall not apply to the Terms of Use, the Service or any Content.