| These
Terms of Use explain the contractual agreement between
the Foundation For Design Integrity and you, who use
the Foundation For Design Integrity Web Site and agree
to these Terms of Use.
Changes
to the Terms of Use
Foundation For Design Integrity reserves the right,
to modify, alter, update or remove portions of these
Terms of Use at any time; so, please check them periodically
as you use this web site, because we may add, delete
or modify some or all of our products, programs or
services at any time. You may amend these Terms of
Use only with written agreement by us.
Disclaimers
of Warranties
Web Site. THIS WEB SITE IS PROVIDED BY FOUNDATION
FOR DESIGN INTEGRITY "AS-IS" WITHOUT ANY
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, DATA,
SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED
THROUGH OR IN CONNECTION WITH THE SERVICE. WE SPECIFICALLY
DISCLAIM ANY AND ALL WARRANTIES INCLUDING, BUT NOT
LIMITED TO ANY WARRANTIES CONCERNING THE AVAILABILITY,
ACCURACY, USEFULNESS OR CONTENT OF INFORMATION, PRODUCTS
OR SERVICES AND ANY WARRANTIES OF TITLE, WARRANTY
OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE OR WARRANTIES
ARISING FROM USAGE OF TRADE OR COURSE OF DEALING.
THESE
DISCLAIMER OF WARRANTIES APPLY TO ANY DAMAGES OR INJURY
CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION
OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE
FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS
TO, ALTERATION OF, OR USE OF THE FOUNDATION FOR DESIGN
INTEGRITY WEB SITE, WHETHER FOR BREACH OF CONTRACT,
TORTUOUS BEHAVIOR, NEGLIGENCE, PRODUCT LIABILITY OR
UNDER ANY OTHER CAUSE OF ACTION. BECAUSE SOME STATES
DO NOT ALLOW SOME OR ALL OF THESE DISCLAIMERS, THE
ABOVE DISCLAIMERS MAY NOT APPLY TO YOU. IN SUCH STATES,
WARRANTIES SHALL BE DISCLAIMED TO THE GREATEST EXTENT
PERMITTED BY SUCH STATE LAW.
Limitation
of Liability
Web Site. NEITHER FOUNDATION FOR DESIGN INTEGRITY
OR ANY OF OUR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS,
SUCCESSORS, ASSIGNS OR AFFILIATES SHALL BE LIABLE
TO YOU OR ANY OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING
OUT OF USE OF THE FOUNDATION OF DESIGN INTEGRITY WEB
SITE OR INABILITY TO GAIN ACCESS TO OR USE THE FOUNDATION
FOR DESIGN INTEGRITY WEB SITE. FURTHERMORE, IN NO
EVENT SHALL OUR LIABILITY WITH RESPECT TO THE FOUNDATION
FOR DESIGN INTEGRITY WEB SITE EXCEED US$100.
Links
Our Foundation For Design Integrity Web Site may contain
links to other sites on the Internet that are owned
and operated by third party vendors and other third
parties. We are providing these links as a convenience
only. These links do not imply our endorsement, nor
are we responsible for the content of any linked site.
Your access to linked sites is at your own risk. You
may only provide a hypertext link to the Foundation
For Design Integrity Web Site on another web site
if you comply with all of the following: (a) the link
must "point" to the URL www.ffdi.org and
not to other pages within the Foundation For Design
Integrity Web Site; (b) the link, when activated by
a user, must display the Foundation For Design Integrity
Web Site full-screen and not within a "frame"
on the linking web site; and (c) the appearance, position
and other aspects of the link must not be such as
to damage or dilute the goodwill associated with our
name and trademarks or create the false appearance
we are associated with or sponsor the linking web
site. We reserve the right to revoke our consent to
any link at any time at our sole discretion.
System
Integrity
You may not use any device or software, including
but not limited to any viruses, Trojan horses, worms,
time bombs or other malicious codes, intended to damage
or interfere with the proper working of the Foundation
For Design Integrity Web Site or to surreptitiously
intercept or expropriate any system, data or personal
information from the Foundation For Design Integrity
Web Site. You may not take any action, which imposes
an unreasonable or disproportionately large load on
our infrastructure, including but not limited to denial
of service attacks or "spam" or similar
unsolicited mass E-mailing techniques.
Legal
Compliance
You agree to comply with all applicable laws, statutes,
ordinances and regulations regarding your use of our
Foundation For Design Integrity Web Site.
User
Communication, Feedback and Submissions
The Foundation For Design Integrity Web Site may have
functionality that permits public communication, including
public postings and E-mail links. You agree not to
submit, publish, distribute or transmit through this
site or its E-mail links any content that is libelous,
defamatory, obscene, threatening, invasive of privacy
or publicity rights, abusive, illegal, hateful, racially
or ethnically discriminatory or that would constitute
or encourage a criminal or civil offense, violate
the rights of any party or that would otherwise give
rise to liability or violates any law. You agree that
you will not submit, publish, distribute or transmit
anything through this web site that will violate any
right of any third party, including copyright, trademark,
privacy or other personal or proprietary rights. We
do not endorse any information posted or content on
the Foundation For Design Integrity Web Site, and
we are not liable for any information posted on the
Foundation For Design Integrity Web Site. We reserve
the right to take any action with respect to information
posted on the Foundation For Design Integrity Web
Site. However, we cannot, nor do we control the information
provided by users or content providers that is made
available through our system. By its very nature,
other people's information may be offensive, harmful,
and inaccurate or in some cases mislabeled or deceptively
labeled.
Ownership
The Foundation For Design Integrity Web site and all
intellectual property rights included in or related
to
this web site (including but not limited to copyrights,
trademarks, service marks, domain name rights, patents
and data rights), are owned by Foundation For Design
Integrity, and all right, title and interest in the
Foundation For Design Integrity Web Site and the intellectual
property rights remain our property. Please note that
pictures of Foundation For Design Integrity products
and designs on the Foundation For Design Integrity
Web Site are NOT in the public domain and may not
be used without our written permission. These Terms
of Use do not give you permission to reproduce, reverse
engineer, recompile, disassemble, modify or create
derivative works with respect to the Foundation For
Design Integrity Web Site. Furthermore, you may not
remove any copyright, trademark or other intellectual
property or proprietary notice or legend contained
on the Foundation For Design Integrity Web Site or
its content. You may not use our trademarks for any
purpose whatsoever.
Termination
of Usage
You may terminate these Terms of Use solely by discontinuing
your use and access to the Foundation For Design Integrity
Web Site.
Indemnification
You agree to indemnify, defend and hold Foundation
For Design Integrity harmless from and against any
and all claims, demands, actions, costs, liabilities,
losses and damages of any kind (including attorneys'
fees) resulting from your breach of any provision
of these Terms of Use and/or any intentional wrongdoing
by you. Any such indemnification shall be conditioned
on our: (a) immediately notifying you in writing of
any such claim, demand, action, cost, liability, loss
or threat of any thereof; (b) cooperating with you
in the defense or settlement thereof; and (c) allowing
you to control such defense or settlement. We shall
be entitled to participate in such defense at our
own cost and expense.
Other
General Provisions
No agency, partnership, joint venture, employee-employer
or franchiser-franchisee relationship is intended
or created by these Terms of Use between Foundation
For Design Integrity and you. These Terms of Use are
an agreement between Foundation For Design Integrity
and you and are not intended to be for the benefit
of any third party. If any provision of these Terms
of Use is held to be invalid or unenforceable, such
provision will be struck and the remaining provisions
enforced. Headings are for reference only. Our failure
to act with respect to a breach by you or others does
not waive our right to act with respect to subsequent
or similar breaches. We reserve the right to report
any wrongdoing, if we become aware of it, to the applicable
government agencies or otherwise. These Terms of Use,
and all writings and web pages incorporated by reference
into these Terms of Use, set forth the entire understanding
and agreement between Foundation For Design Integrity
and you with respect to the subject matter hereof.
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