WEBSITE TERMS AND CONDITIONS OF USE
Effective Date: January 5, 2021
Scope, Overview and Critical Disclaimers
FMI Financial’s website (the “Site”), located at www.fmifinancial.com/, is subject to these Terms and Conditions of Use (“Terms”), which we may update from time to time. Please read these Terms carefully before using this Site. This Site is owned or controlled by FMI Financial. The Site is intended for and applicable only for users age eighteen and older. If you are under eighteen years of age, you may not use this Site. By accessing the Site in any way, including, without limitation, browsing this Site and/or submitting information to FMI Financial, you agree to and are bound by the terms, conditions, policies and notices contained in these Terms, including but not limited to, conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of Illinois law.
From time to time we may update this Site and these Terms. Your use of this Site after we post any changes to these Terms constitutes your agreement to those changes effective immediately and prospectively from the date of such changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. FMI Financial may, in its sole discretion, and at any time, discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you. You agree that you do not have any rights in this Site and that FMI Financial will have no liability to you if this Site is discontinued, or if your ability to access the Site or any content you may have posted on the Site is terminated.
FMI Financial Content
Content on this Site that is provided by FMI Financial or its licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing (“FMI Financial Content”) is the property of FMI Financial and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.
You agree not to download, display or use any FMI Financial Content located on the Site for any purpose, in connection with products or services that are not those of FMI Financial, and in any other manner that is likely to cause confusion among consumers, that disparages or discredits FMI Financial and/or its licensors, that dilutes the strength of FMI Financial’s or its licensor's property, or that otherwise infringes FMI Financial’s or its licensors’ intellectual property rights. You further agree that you will not misuse any FMI Financial Content that appears on this Site.
If you are a trademark or copyright owner and you believe that your rights have been violated, please contact us at info@fmifinancial.com.
Use of the Site
The following requirements apply to your use of the Site:
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No unlawful use. You will not use any electronic communication feature of the Site for any purpose that is harmful, unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, racist, infringing, pornographic, violent, threatening, or hateful, or otherwise objectionable or inappropriate as determined by FMI Financial in its sole and absolute discretion. You will not impersonate any person or organization, including without limitation, the personnel of FMI Financial, or misrepresent an affiliation with another person or organization.
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No intellectual property infringements. You will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights.
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Personal information. You will not post, collect or store personal data about other users or that violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. You will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication.
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Commercial use. You will not use the Site for any commercial purpose not expressly approved by FMI Financial in writing.
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No viruses. You will not upload, post, email, or otherwise transmit any material that contains viruses, corrupted files, or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of the Site, or any computer software, hardware or telecommunications equipment. You will not attempt to damage or damage the Site in any way.
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No ownership rights. You understand and agree that you have no ownership rights in materials you submit to us.
Indemnification
You agree to indemnify and hold FMI Financial, its officers, employees, and contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys' fees and costs, related to your violation of these Terms or any violations thereof by your dependents or which arises from the use of any Content you submitted, posted, or otherwise provided to FMI Financial or this Site.
Representations and Limitations of Liability
To the extent permitted by applicable law, FMI Financial makes no representations about the reliability of the features of this Site and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. FMI Financial makes no representations regarding the amount of time that any Content will be preserved.
You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any Sites that contain or suggest an endorsement by FMI Financial without the prior review and written approval of FMI Financial.
THIS SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE, OR ANY INFORMATION, CONTENT, MATERIALS OR PRODUCTS (INCLUDING SOFTWARE) THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL FMI FINANCIAL (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS OR PROGRAMMERS) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE OR ANY PRODUCTS OR SERVICES AVAILABLE THEREON, NOR SHALL FMI FINANCIAL BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND FMI FINANCIAL’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL FMI FINANCIAL OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF FMI FINANCIAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
Hyperlinks and Third Parties
This Site may hyperlink to platforms not maintained by or related to FMI Financial. Hyperlinks are provided as a service to users and are not sponsored by or affiliated with this Site or FMI Financial, and FMI Financial does not endorse and makes no representations or warranties about the content, completeness, or accuracy of those third party sites. Information you submit at a third party site accessible from this Site is subject to the terms of that sites’ privacy policy, and FMI Financial has no control over how your information is collected, used, or otherwise handled.
Suspension and Termination
If you breach any provision of these Terms or our Privacy Policy you may no longer use the Site. We may, in our sole discretion, change, suspend or terminate, temporarily or permanently, the Site or any part thereof or any of its features at any time, for any reason, without any notice or liability to you or any other entity. If these Terms or your permission to use the Site is terminated by us for any reason, the agreement formed by your acceptance of these Terms will nevertheless continue to apply and be binding upon you in respect of your prior use of the Site and anything relating to or arising from such use. FMI Financial assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site. If FMI Financial fails to act with respect to your breach or anyone else's breach on any occasion, FMI Financial is not waiving its right to act with respect to future or similar breaches. If you are dissatisfied with the Site or with these Terms or Privacy Policy, then your sole and exclusive remedy is to discontinue using the Site. The FMI Financial Content, Representations, and Limitations of Liability, Indemnity, Jurisdiction and Miscellaneous provisions in this Agreement shall survive any termination of this Agreement.
Jurisdiction
The Site is controlled and operated by FMI Financial from within the United States, and is not intended to subject FMI Financial to the laws or jurisdiction of any country other than that of the United States. We may limit the availability of the Site in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. These Terms will be governed by and construed in accordance with the laws of the state of Illinois without regard to conflicts of laws principles. By using this Site, you consent to the jurisdiction of, and agree that any and all disputes regarding these Terms will be brought exclusively before, the courts located in Cook County, Illinois. YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED TO THIS SITE AND/OR THESE TERMS, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
Binding Arbitration
You and FMI Financial agree that any controversy or claim arising out of or relating to this Site or use of the Site, this Agreement and/or the Privacy Policy shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for you in your hometown area), or at such other location as may be mutually agreed upon by the parties, in accordance with the applicable procedural rules set forth in the then prevailing Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”), and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The JAMS Rules and Procedures are available at www.jamsadr.com or by calling (800) 352-5267. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. Alternatively, you may assert your claims in small claims court in accordance with the terms of this Agreement if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The arbitrator shall apply Illinois law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor FMI Financial shall be entitled to arbitrate their dispute. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN. YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT OT A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION. DO NOT USE THIS SITE IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISION.
Site Accuracy
Although we intend to provide accurate and timely information on the Site, the Site may not always be entirely accurate, complete, or current and may also include technical inaccuracies or typographical errors. The information published on the Site is provided as a convenience to our customers and is provided for informational or transactional purposes only. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products, and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Site are your sole responsibility and we shall have no liability for such decisions. If you need specific details about any information contained in our Site, you should contact us at info@fmifinancial.com.
Miscellaneous
Your Relationship With FMI Financial
Both you and FMI Financial acknowledge and agree that no partnership is formed and neither you nor FMI Financial has the power or the authority to obligate or bind the other.
Personal Information
Through the use of our Site, you may be given the ability to provide us with personally identifiable information. Please read our Privacy Policy for more information about our information collection and use practices.
Assignment
You will not assign (including without limitation by operation of law, change of control, or otherwise) your rights or licenses to the Site provided under these Terms, either in whole or in part, without the prior written consent of FMI Financial, and any attempted assignment contrary to the foregoing will be void and have no effect. To the extent that you allow a third party to use your device, or access your account, you shall remain solely responsible for the use of the Site by others using the device or accessing your account. We may assign all or a portion of our rights under these Terms without notice to or consent from you.
Force Majure
The failure of FMI Financial to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state, provincial/territorial, or local governmental authorities, epidemics, pandemics, outbreak of communicable disease, quarantines, national or regional emergencies, COVID-19, or for any other reason beyond the reasonable control of FMI Financial, shall not be deemed a breach of these Terms.
Severability
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.
Survival
These Terms shall survive the termination or expiration of this Agreement.
Entire Agreement
These Terms constitute a binding agreement between you and FMI Financial, and are accepted by you upon your use of the Site or your account. These Terms constitute the entire agreement between you and FMI Financial regarding the use of the Site. By using the Site you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.