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 email@example.com.
Use of the Site
The following requirements apply to your use of the Site:
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.
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.
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.
Commercial use. You will not use the Site for any commercial purpose not expressly approved by FMI Financial in writing.
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.
No ownership rights. You understand and agree that you have no ownership rights in materials you submit to us.
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
Suspension and Termination
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.
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 firstname.lastname@example.org.
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.
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.
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.
These Terms shall survive the termination or expiration of this 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.