4. Conduct by User. FDAR has elected to provide this Website to inform and educate you and otherwise communicate with you about FDAR and its products. You are granted permission to use the Website only for legitimate and lawful purposes. In the case of consumers accessing and using the Website, FDAR’s permission to use the Website is limited to allowing the consumer to view and download any Materials only for non-commercial, personal usage. Businesses accessing and using the Website may view and download Materials only to the extent necessary to evaluate their participation in FDAR as a development, and not for any other purpose. The foregoing permission is granted on the express understanding and your agreement that you will not: remove any copyright or other notices of ownership of rights within the Materials; or seek to license, transfer, sell, disseminate, alter, display or publish, or copy (except for the purposes set forth above) Materials without the prior written consent of FDAR. Any unauthorized usage of Materials may violate applicable laws, including, without limitation, laws relating to copyrights, trademarks and rights of publicity and privacy.
5. Intellectual Property. All intellectual property which may appear on the Website is the exclusive property of FDAR and its subsidiaries, affiliates and licensors, unless otherwise noted. Such intellectual property includes trademarks, service marks, tradenames, logos, slogans, designs, and any copyrights. No license is granted to any user of the Website with respect to any such intellectual property rights, all of which are expressly reserved by FDAR and its subsidiaries, affiliates and licensors. FDAR reserves the right to enforce these intellectual property rights to the fullest extent as permitted by law.
6. Links to Third Party Sites. FDAR does not own or have control over any other Internet sites which may be linked to the Website. If FDAR provides such links, they are provided for convenience only. FDAR specifically disclaims any and all responsibility or liability for any use of such sites and FDAR does not endorse or approve of any matter which may be located at any such third party sites. If you elect to access and use any third party sites, you do so at your own risk.
7. EXCLUSION OF LIABILITY. NEITHER FDAR NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS OR EMPLOYEES NOR ANY OF THEIR RESPECTIVE AGENTS WILL BE LIABLE FOR ANY DAMAGES OR INJURY ARISING FROM OR RESULTING FROM YOUR USE OF THE WEBSITE. FDAR WILL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO THE FOLLOWING: DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE WEBSITE OR THE MATERIALS PROVIDED THEREIN. SUCH EXCLUSION FROM LIABILITY WILL BE APPLICABLE WHETHER THE CLAIM IS BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF FDAR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS NEGLIGENT.
8. NO WARRANTIES. YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE MATERIALS PROVIDED IN THE WEBSITE ARE PROVIDED “AS IS” AND FDAR DISCLAIMS ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR QUALITY OF MATERIALS PROVIDED IN THE WEBSITE AND NON-INFRINGEMENT.
FDAR PROVIDES NO WARRANTY THAT ANY INFORMATION SENT TO IT BY YOU WILL BE SECURE FROM ACCESS BY THIRD PARTIES. FDAR ALSO DOES NOT WARRANT THAT THE WEBSITE OR THE SERVERS THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
EXCEPTION: IN CERTAIN STATES, THE LAW MAY NOT ALLOW FDAR TO DISCLAIM OR EXCLUDE WARRANTIES, SO THE ABOVE DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.
10. Site Security. You may not violate or attempt to violate the security of the Website. Civil or criminal liability may result if you violate the security of FDAR’s system or the Website. FDAR may choose to pursue any such violations with the assistance of law enforcement authorities.