Website Terms and Conditions
Termination of Access: In addition to any right or remedy that may be available to us under these Terms of Service or applicable law, we may suspend, limit or terminate your account, or all or a portion of your access to the Service, at any time with or without notice and with or without cause. We may also choose to change, suspend or terminate the Service in general at any time without notice. If we terminate your account for no reason, we will refund to you any pre-paid portion of your membership fees that have not yet been used. No refunds will be permitted if you have violated these Terms of Service. In addition, we may refer any information on illegal or fraudulent activities, including your identity, to the proper authorities or to the Marketers and Affiliate Networks. You can terminate your account at any time upon thirty (30) days prior written notice by contacting us at email@example.com and notify us of your desire to terminate your account. Such termination by you will be applicable upon the next full billing cycle, but no previously paid fees will only be refunded to you at our discretion.
Effect of Termination: Upon termination of your account for any reason, you must cease using the Service. However, subject to your agreement with the Marketer(s), Affiliate Network(s) and/or Skimlinks, you may continue to promote offers that were contained within the Service, though FMTC will no longer be involved in maintaining such data. The provisions of the following sections shall survive the termination of these Terms of Service, in addition to any payment obligations accrued prior to the effective date of such termination (Unauthorized Use of the Service; Communications with FMTC; No Control Over Links; Proprietary Rights; No Warranty; Limitations of Liability; Indemnification; Governing Law; Arbitration; Severability; Waiver – Remedies; and Assignment).
Use of Name and Logo: Each party agrees that the other may use its logo, company name and web address to disclose the relationship herein. FMTC may place your logo and name in its listing of clients on its website, online communications and print communications.
No Control Over Links: You understand that the Links, all content accessed through the Links and all transactions generated through the Links are controlled by the Marketers, Affiliate Networks and Skimlinks. We make no representations or warranties regarding the accuracy or proper operation of the Links and assume no liability for any use of or transactions through the Links. You agree to only assert such claims against the Marketers, Affiliate Networks and Skimlinks, and not against FMTC. We encourage you to be aware when you leave our Service and to read the terms and conditions and privacy statements of each and every web site that you visit. We are not responsible for the practices or the content of such other web sites or services.
Proprietary Rights: We are the exclusive owner or authorized licensors of this web site and the Service, including all copy, software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained therein. You acknowledge that the unique compilation of the Links is our intellectual property. Except as set forth herein, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. The Service may not be reverse engineered, decompiled or modified, nor may derivative works be created based on the Service, without the prior written consent of FMTC. All rights not granted under these Terms of Service are reserved by FMTC.
No Warranty. While FMTC makes reasonable efforts to ensure that the Service operates as intended, the Service is dependent upon the Internet, the Marketers and Affiliate Networks and other services and providers outside of the control of FMTC. By using the Service, you acknowledge that FMTC does not and cannot guaranty that the operation of the Service will be completely uninterrupted, error free or that the Service and the information it stores will be entirely free from viruses, hackers, intrusions, unscheduled downtime or other failures. You expressly assume the risk of such problems by using the Service. the service, including all software, content, operations and materials, are provided “as is.” except as specifically set forth herein, FMTC makes no representations or warranties of any kind whatsoever for the operation of the service. further, FMTC disclaims any express or implied warranties, including, without limitation, non-infringement, title, merchantability, fitness for a particular purpose and any warranties arising out of course of dealing, usage or trade.
Limitations of Liability. in no event will FMTC be liable under any theory of tort, contract, strict liability or other legal or equitable theory for any lost profits, lost data, lost opportunities, costs of cover, exemplary, punitive, personal injury/wrongful death, special, incidental, indirect or other consequential damages, each of which is hereby excluded by agreement of the parties regardless of whether or not FMTC has been advised of the possibility of such damages. in no event shall FMTC’s liability for any direct damages exceed the amounts actually paid by you to FMTC during the most recent three (3) months. You acknowledge that FMTC has entered into this agreement relying on the limitations of liability stated herein and that FMTC would not offer you the Service without those limitations, which are an essential basis of the bargain.
Indemnification: You agree to indemnify, defend and hold us and our representatives and agents harmless from and against any and all third party claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, (i) any breach by you of any of these Terms of Service, (ii) your use of the Links, (iii) your websites, products or services, (iv) any agreement or interaction between you and a Marketer, Affiliate Network, Skimlinks or end user or (v) a violation by you of applicable law, rule or regulation.
Governing Law: The laws of the State of Texas shall govern these Terms of Service. SUBJECT TO THE ARBITRATION PROVISION BELOW, YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN TRAVIS COUNTY, TEXAS FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS OF SERVICE OR YOUR ACCESS OR USE OF THE SERVICE.
Arbitration: Each party agrees that any and all disputes, controversies and claims relating in any way to the Service or this Agreement (including the arbitration of any claim or dispute and the enforceability of this paragraph) shall be submitted to and resolved by means of a confidential arbitration before a single arbitrator administered by the American Arbitration Association under its then current Commercial Arbitration Rules and conducted in Travis County, Texas. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an action involving any other current or former user of the Service, whether through class action proceedings or otherwise. Notwithstanding the foregoing, FMTC shall not be prohibited from initiating an action in court without proceeding to arbitration to collect unpaid fees or protect its intellectual property rights.
International Access: Our Service is provided from the United States of America and all servers which make them available reside in the U.S.A. The laws of other countries may differ regarding the access and use of this Service or functions available through the Service. We make no representations regarding the legality of this Service in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.
Severability: If any part of these Terms of Service shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Service.
Waiver – Remedies: The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Service by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Service. Our rights and remedies under these Terms of Service shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
Assignment. You may not assign these Terms of Service, or any rights or remedies hereunder, to any third party without our prior written consent. These Terms of Service shall inure to the benefit of a party’s permitted successors and assigns.
Contact Information: Should you have any questions regarding these Terms of Service, you may contact us at firstname.lastname@example.org.
Last updated: January 2015