Terms and Conditions - FCS: The Financial Communications Society

Acceptance of Terms

By accessing or using any of the functionality (the “Services”) available on the website owned or operated by the Financial Communications Society, Ltd. (“FCS”), you agree to accept and comply with the terms, conditions and notices stated herein or as may be modified by FCS from time-to-time with or without specific notice to you (the “Terms of Use”). These Terms of Use constitute a binding contract between FCS and you. You are responsible for regularly reviewing the Terms of Use. You can review the most current version of the Terms of Use at any time by visiting the FCS website at www.thefcs.org. If you do not wish to be bound by these Terms of Use, please do not access or use any content or functionality accessible on the FCS website, or immediately discontinue such use.

Additional terms may govern your use of certain Services accessible at the FCS website or webpages within the FCS website. In the event that any provision, term or guideline contained on a particular website or webpage in the FCS website conflicts with these Terms of Use, the particular terms of such website or webpage shall control over these Terms of Use except with respect to the General Terms set forth below, which shall at all times control.

Content of the FCS Website/License Grant

The FCS website and all of its contents including, but not limited to, all information, text, messages, images, photos, illustrations, designs, icons, video clips, sounds, files, trademarks, copyrighted material, trade dress, software, specifications, catalogs, literature, technical information, advertisements and other content or materials located on the FCS website (collectively, “Content”) is owned by FCS, unless otherwise noted. FCS grants you a limited license to access and use the Services and Content accessible at the FCS website solely for informational, personal and non-commercial purposes (including printing individual pages from the FCS website provided any printed copy of Content displayed on the FCS website includes all copyright and other proprietary notices contained thereon). You are strictly prohibited from downloading (other than page caching) modifying or making any other use of the Services or Content accessible at the FCS website, except with express written consent of FCS. You understand that all third-party Content posted on, transmitted through or linked from the FCS website is the sole responsibility of the third-party originator of such Content. All Content provided through the FCS website is provided to you AS IS, and you agree that your use of and reliance on any Services or Content is at your own risk, and that under no circumstances shall FCS be liable for any losses of any kind suffered by you that may be proximately caused by your use of the Services or Content accessible at the FCS website.

You acknowledge that FCS disclaims any duty or obligation to screen or approve third-party Content accessible on the FCS website, and that FCS shall have the right (but not the obligation) in its sole discretion to reject, modify, delete or relocate any Services or Content that are available, or may be available, via the FCS website, for any reason.

Use of the FCS Website

FCS provides the FCS website for informational purposes only. Unless specified otherwise, FCS offers you access to the FCS website solely for your personal and non-commercial uses. You agree to access or use the FCS website only for legal purposes that are permitted by these Terms of Use. Among other things, you agree not to:

except with the express written permission of FCS, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works based upon, frame in another Web page, use on any other website, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the FCS website, including, without limitation, engaging in the practices of “screen scraping,” “indexing,” “database scraping” or any other activity with the purpose of obtaining lists of users or other information, such as the use of internet robot or spider software to extract data or content from the FCS website;
damage, disable, overburden or impair the FCS website or interfere with any other party’s use and enjoyment of the FCS website; or
obtain or attempt to obtain any materials or information through any means not made readily accessible by FCS through the FCS website.

Except with the express written or electronic authorization of FCS, you agree that you will not access or attempt to access password protected, secure or non-public areas of the FCS website.

You agree that FCS may in its sole discretion and at any time terminate your access to and use of the FCS website, or any part thereof, with or without notice. You further agree that use of the FCS website and any of its Services shall be immediately terminated if you violate these Terms of Use. FCS reserves the right, in its sole discretion, to modify or discontinue the Services or access to Content, or any portion thereof, with or without notice, and without liability to you.

The Services or Content provided through the FCS website may also be located on third-party websites or applications, via a link, click-through advertising or otherwise. Nothing contained in any of the Services or Content is an offer or promise by FCS to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. In addition, FCS does not make any representations or warranties with respect to such third-party services or content, and is not responsible for their accuracy, sufficiency, veracity, completeness or timeliness. You are responsible for confirming the sufficiency and reliability of any third-party services, and you hereby release FCS from any and all claims, demands, liability and damages (actual or consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your use of such services or content. Please note that you may be subject to additional and/or different terms, conditions and privacy policies when you use third-party services, content, software or sites.

General Terms

Applicable Law

These Terms of Use are governed by the laws of the State of New York, U.S.A. without regard to conflicts of laws principles. You hereby consent to the exclusive jurisdiction and venue of federal or state courts sitting in New York, NY in all disputes arising out of or relating to accessing or using the FCS website. Access or use of the FCS website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.

You agree that no joint venture, partnership, employment or agency relationship exists between you and FCS as a result of the Terms of Use or accessing or using the FCS website, Services or Content. FCS’s performance under the Terms of Use is subject to existing laws and legal process, and nothing in the Terms of Use shall interfere with FCS’s right to comply with governmental, court and law enforcement requests or requirements relating to your access or use of the FCS website or information provided to or gathered by FCS with respect to such use.

Severability/Entire Agreement

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 FCS), the Terms of Use constitutes the entire agreement between you and FCS with respect to your access to and use of the Services and Content available on the FCS website and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and FCS with respect to the FCS website.

Disclaimer of Warranties

You expressly understand and agree that: your use of and reliance upon any and all of the FCS website, Services and/or Content is at your sole risk and is made available on an “as is” and “as available” basis. FCS makes no express or implied representations, warranties, or guarantees with regard to the appropriateness, accuracy, sufficiency, correctness, veracity, value, completeness or timeliness of the FCS website, Services and/or Content. FCS 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 of FCS by User

You agree to fully indemnify and hold FCS, its third-party vendors, corporate affiliates, members, directors, officers, employees and agents harmless from and against any and all claims and demands, including, but not limited to, reasonable attorneys’ fees and expenses, made by any third party due to or arising out of any content, submitted, posted or otherwise provided by you to the FCS website and/or FCS and/or its third-party advertisers, or any breach by you or your affiliates, employees, agents and representatives of these Terms of Use.

FCS Limitation of Liability

In no event shall FCS be liable for any direct, indirect, punitive, incidental, special or consequential damages 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 FCS website, with the delay or inability to access or use the FCS website 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 FCS website, or otherwise arising out of the use of the FCS website, whether based on contract, tort, negligence, strict liability or otherwise, even if FCS has been advised of the possibility of such damages. Any Services or Content made available or obtained through the use of the FCS website, and all other use of the FCS website, 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 FCS website, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using the FCS website.

FCS Copyright

All materials on the FCS website (as well as the organization and layout of the FCS website) (collectively, the “Materials”) are owned and copyrighted or licensed by FCS, its corporate affiliates or its third-party vendors. You may copy information from the FCS website for your personal or educational use only, provided that each copy includes any copyright or trademark notice or attribution as they appear on the pages copied. The Materials may not otherwise be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes, without the express written permission of FCS. You may not use any content contained in the Materials in any manner that may give a false or misleading impression or statement. Nothing on the FCS website shall be construed as conferring any license of any intellectual property rights, whether by estoppel, implication or otherwise.

FCS Trademarks

The FCS website includes the display of various trademarks, service marks and/or registered trademarks of the FCS.

Any inquiries concerning usage of FCS copyrights or trademarks should be addressed to: Financial Communications Society, 529 Hanford Place, Westfield, NJ 07090.