PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THE SERVICE. BY USING THIS SERVICE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN DO NOT USE THIS SERVICE.
Ford Communication Solutions, LLC D/B/A FCS (“FCS”) maintains this website and Client Enablement Portal (this “Service”) as a service to its customers, potential customers, and other interested parties. Please visit us frequently, browse our pages, and download documents, subject to the terms and conditions set out below.
This Service, and the information which it contains, is the property of FCS, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws.
Use of FCS Service and Its Content
FCS and its licensors grant to you a personal, non-exclusive, non-transferable license to use and display the audio and visual information, documents, products and software contained in or made available through the Service (the "Content") solely for your own internal business purposes. All rights not expressly granted by FCS to you are reserved.
A user account is required to access the Service and may be accessed and used only by those authorized individuals who are registered with FCS. To open a user account, you or your company must complete the registration process by providing FCS with current, complete and accurate information as prompted by the registration form. In registering for the Service, you and your company's users agree to submit accurate, current and complete information about you and your organization, and promptly update such information. Should FCS suspect that such information is untrue, inaccurate, not current or incomplete, FCS has the right to suspend or terminate your use of the Service if you fail to update this information to FCS’s satisfaction. You must choose a personal, non-transferable password. User accounts cannot be "shared" or used by more than one individual. User licenses can be transferred to a new user only if a previous user becomes inactive and is unable to access the Service.
User Responsibilities. You are solely responsible for any and all activities that occur under your account and ensuring that you exit or log-off from your account at the end of each session of use. You shall notify FCS immediately of any unauthorized use of your password or account or any other breach of security that is known or suspected by you. You shall also use your best efforts to stop immediately any copying or distribution of Content that is known or suspected by you. FCS shall not be responsible for any unauthorized access to, or alteration of, your transmissions or data, any material, information or data sent or received, regardless of whether the data is actually received by FCS, any transactions entered into through the Service, or any failure by you to abide by this Agreement.
The Content is for general guidance on topics selected by FCS. The application and impact of relevant laws will vary from jurisdiction to jurisdiction. There may also be delays, omissions, or inaccuracies in the Content contained in this Service. The information on this Service is provided with the understanding that FCS and various authors and publishers’ providing such information are not rendering legal, accounting, tax, or other professional advice or services. As such, information on this Service should not be relied upon or used as a substitute for consultation with professional advisors.
FCS may alter, suspend, or discontinue this Service at any time for any reason, without notice or cost. The Service may become unavailable due to maintenance or malfunction of computer equipment or other reasons.
By using this Service, you agree to indemnify, hold harmless and defend FCS from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that is based on your use of this Service in violation of these terms.
No part of this Service may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that FCS authorizes you to view, copy, download, and print FCS documents (such as white papers, press releases, data sheets, and FAQs) that are available on this Service, subject to the following conditions:
1. The documents may be used solely for noncommercial, informational purposes.
2. The documents may not be modified.
3. Copyright, trademark, and other proprietary notices may not be removed.
Nothing contained on this Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Service or any documents displayed on this Service, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of FCS or such third party that may own the trademark or copyright of material displayed on this Service.
User Conduct. You agree to abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with the Service. In addition, without limitation, you agree not to use the Service or information from the Service to: (a) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (b) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (c) transmit through or post on the Service unlawful, harassing, libelous, abusive, harassing, tortious, defamatory, threatening, harmful, invasive of another's privacy, vulgar, obscene or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; (d) transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity; (e) transmit any material that contains software viruses or other harmful or deleterious computer code, files or programs such as trojan horses, worms, time bombs or cancelbots; (f) interfere with or disrupt servers or networks connected to the Service or violate the regulations, policies or procedures of such networks; (g) attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or (h) harass or interfere with another user's use and enjoyment of the Service.
Accuracy of Content and Future Modifications to Service
The information on this Service is believed to be complete and reliable; however, the information may contain technical inaccuracies or typographical errors. FCS reserves the right to make changes to document names and content, product specifications, or other information without obligation to notify any person of such changes.
Availability of Products and Services Mentioned
Information that FCS publishes on this Service may contain references or cross references to products or services that are not available or approved by the appropriate regulatory authorities in your country. Such references do not imply that FCS intends to announce or make available such products or services to the general public, or in your country. Consult your FCS account representative to determine which products and services may be available to you.
Links to Third-Party Services & API Integration
This Service may contain links to non-FCS Services. These links are provided to you as a convenience, and FCS is not responsible for the content of any linked Service. Any outside Service accessed from the FCS Service is independent from FCS, and FCS has no control over the content of that Service. In addition, a link to any non-FCS Service does not imply that FCS endorses or accepts any responsibility for the content or use of such a Service.
No Implied Endorsements
In no event shall any reference to any third party or third-party product or service be construed as an approval or endorsement by FCS of that third party or of any product or service provided by a third party.
NO WARRANTIES
INFORMATION AND DOCUMENTS, INCLUDING PRODUCT SPECIFICATIONS, PROVIDED ON THIS SERVICE ARE PROVIDED “AS IS.” SPECIFICALLY, BUT WITHOUT LIMITATION, FCS DOES NOT WARRANT THAT: (i) THE INFORMATION ON THIS SERVICE IS CORRECT, ACCURATE, RELIABLE OR COMPLETE; (ii) THE FUNCTIONS CONTAINED ON THIS SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS SERVICE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Product descriptions and specifications are subject to change. FCS periodically adds or updates the information and documents on this Service without notice.
It is the user’s responsibility to ascertain whether any information downloaded from this Service is free of viruses, worms, trojan horses, or other items of a potentially destructive nature.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL FCS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SERVICE OR THE INFORMATION CONTAINED ON THIS SERVICE, EVEN IF FCS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL FCS ‘S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED $1000.
Jurisdictional Issues
FCS makes no representation that information on this Service is appropriate or available for use outside the United States. Those who choose to access this Service from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Submissions to FCS and Affiliated Servers
Any information, including but not limited to remarks, suggestions, ideas, graphics, or other submissions, communicated to FCS through this Service is the exclusive property of FCS. FCS is entitled to use any information submitted for any purpose, without restriction (except as stated in FCS’s Privacy Statement) or compensation to the person sending the submission. The user acknowledges the originality of any submission communicated to FCS and accepts responsibility for its accuracy, appropriateness, and legality.
Proprietary Rights. Except for the licenses granted herein, you have no right, title or interest in or to FCS, the Service or any Content of FCS or its licensors, including, without limitation, documentation, stories, articles, text, images, and other multimedia data and all such right, title and interest shall remain exclusively with FCS and its licensors, as applicable. FCS, logo and/or other products and services referenced herein are either trademarks or trade secrets of FCS. The names and logos of other companies and products mentioned herein may be the trademarks of their respective owners.
Termination for Cause
Any unauthorized access, use, copying, disclosure, distribution, or sublicensing by you or with your aid or consent of the Service or Content or any related methods, algorithms, techniques, or processes will be deemed a material breach of these terms and conditions. FCS in its sole discretion, may terminate your password, account or use of the Service and remove and discard any Data within the Service if you breach or otherwise fail to comply with these terms and conditions. In addition, FCS may terminate a free account if you do not first log-on within 30 days after registration or if 90 days have passed since you last logged on. Upon termination of an account, your right to use such account and the Service immediately ceases, and FCS shall have no obligation, except as stated above, to maintain any Data stored in your account or to forward any Data to you or any third party.
Enforcement of these Terms and Conditions
These terms and conditions will be governed by Texas law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You shall bring all disputes, actions, claims, or causes of action related to this Agreement or in connection with the Service only in the federal and state courts located in Dallas, Texas. No text or information set forth on any other purchase order, preprinted form or document shall add to or vary these terms and conditions. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and FCS as a result of these terms and conditions or use of the Service. The failure of FCS to enforce any right or provision in these terms and conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by FCS in writing.
Entire Agreement
FCS may, at its sole discretion and without notice, revise these terms at any time by updating this posting. This is the entire agreement between the parties relating to the subject matter herein and shall be modified by posting a new agreement online.
For Additional Information
If you have any questions about the rights and restrictions above, please contact cs@FCScommuninications.com.
FCS Privacy Statement
FCS has created this privacy statement ("Statement") in order to demonstrate our commitment to customer privacy. Privacy on the FCS web site (the "Site") is of great importance to us. Because we gather important information from our visitors and customers, we have established this Statement as a means to communicate our information gathering and dissemination practices. We reserve the right to change this Statement and will provide notification of the change at least thirty (30) business days prior to the change taking effect.
User Rights. You have the right to, under certain conditions, (i) request FCS to terminate your account, and (ii) request FCS to delete all your data from our system. If you make a request, FCS has thirty (30) days to respond to you. If you would like to exercise any of these rights, please contact us at cs@FCScommunications.com.
Collected Information. We require customers who register to use the services ("Services") offered on our Site to give us contact information, such as their name, company name, address, phone number, and e-mail address, and the number of users within the organization that will be using the Services. At the time you express interest in attaining additional information, or when you register for the service, we may also ask for additional business information, such as title, department name, fax number, or additional company information, such as number of employees, or industry. Customers can opt out of providing this additional information by not entering it when asked. Customers can update or remove their personal information at any time by logging into the Website and editing their Personal Information within the Profile Section. Customers can view their updated profile to confirm their edits have been made.
FCS uses the information that we collect to set up Services for individuals and their organizations. We may also use the information to contact customers to further discuss customer interest in our company, the Services that we provide, and to send information regarding our company or partners, such as promotions and events. Customers are invited to receive an email newsletter by providing an email address. Customer email addresses and any personal customer information will not be distributed or shared with any third parties. Customers can opt out of being contacted by us for marketing purposes at any time by sending an email to cs@FCScommuninications.com. Customers are also asked to provide an email address when registering for the Service, in order to receive a username and password. We may also email information regarding updates to the Service or company, and will send a Customer Newsletter. Again, email will not be distributed or shared and customers can opt out of receiving any communication by emailing cs@FCScommunications.com at the time it is distributed, or at the time any customer registers for the Service.
Except as we explicitly state at the time we request information, or as provided for in the FCS Terms of Use, we do not disclose to any third- party the information provided. Other third parties, such as content providers, may provide content on the web Site but they are not permitted to collect any information nor does FCS share any user information with these parties.
Customers of the Service will be using the Site to host data and information ("Data"). FCS will not review, share, distribute, print, or reference any such Data except as provided in the FCS Terms of Use, or as may be required by law. Individual records may at times be viewed or accessed only for the purpose of resolving a problem, support issue, or suspected violation of the Terms of Use, or as may be required by law. Of course, customers are responsible for maintaining the confidentiality and security of their user registration and password.
FCS may also collect certain information from visitors to and customers of the Site, such as Internet addresses. This information is logged to help diagnose technical problems, and to administer our Site in order to constantly improve the quality of the Service. We may also track and analyze non- identifying and aggregate usage and volume statistical information from our visitors and customers and provide such information to third parties.
Cookies. When you interact with the FCS Website we strive to make that experience easy and meaningful. When you come to our Web site, our Web server sends a cookie to your computer. Cookies are files that Web browsers place on a computer's hard drive and are used to tell us whether customers and visitors have visited the Site previously.
Standing alone, cookies do not identify you personally. They merely recognize your browser. Unless you choose to identify yourself to FCS, either by opening an account you remain anonymous to FCS. Cookies come in two flavors: session and persistent-based. Session cookies exist only during an online session. They disappear from your computer when you close your browser software or turn off your computer. Persistent cookies remain on your computer after you've closed your browser or turned off your computer. They include such information as a unique identifier for your browser.
FCS uses session cookies containing encrypted information to allow the system to uniquely identify you while you are logged in. This information allows FCS to process your requests. Session cookies help us make sure you are who you say you are after you've logged in and are required in order to use the FCS application. FCS uses cookies, that only FCS can read and use, to identify the fact that you are a FCS customer or prior FCS Website visitor (whatever the case may be). We are especially careful about the security and confidentiality of the information stored in cookies. For example, we do not store account numbers or passwords in persistent cookies. Users who disable their Web browsers' ability to accept cookies will be able to browse our Website but will not be able to successfully use our Service.
Third-Party Sites. The Site contains links to other web sites. FCS is not responsible for the privacy practices or the content of these other web sites. Customers and visitors will need to check the policy statement of these others web sites to understand their policies. Customers and visitors who access a linked site may be disclosing their private information. It is the responsibility of the user to keep such information private and confidential.
Security. Our Site has security measures in place to help protect against the loss or misuse of data. FCS securely stores your data within the United States of America. When our Site is accessed using latest version of any modern browser, Secure Socket Layer (SSL) technology protects information using both server authentication and data encryption to help ensure that Data is safe, secure, and available only to you. FCS also implements an advanced security method based on dynamic data and encoded session identifications, and hosts the Site in a secure server environment that uses a firewall and other advanced technology to prevent interference or access from outside intruders. FCS will keep your data unless you request it to be deleted from our system or if FCS deems it necessary to delete the data.
Finally, FCS provides unique user names and passwords that must be entered each time a customer logs on. These safeguards help prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of Data. The client is responsible for security of their own logins, and FCS will not be liable for shared login information and/or any alteration of data.
Opt-Out Policy. FCS offers its visitors and customers a means to choose how we may use information provided. If, at any time after registering for information or ordering Services, you change your mind about receiving information from us or about sharing your information with third parties, send us a request specifying your new choice. Simply send your request to cs@FCScommunications.com.
Additional Information. Questions regarding this Statement or the practices of this Site should be directed to FCS's Security Administrator by e-mailing such questions to cs@FCScommunications.com.