Last Revision Date: January 15, 2019
Please read these Terms carefully and immediately cease using our Site if you do not agree to them.
FDR reserves the right, in its sole discretion, to modify, alter or otherwise update this Agreement, or to change or delete any features of this Web Site, at any time, with or without prior notice to you. Such modifications, alterations, and updates of this Agreement shall be effective immediately upon posting upon the Web Site. You agree to be bound by such modified, altered and updated terms if you access or use this Web Site after FDR has posted notice of modifications, alterations or updates. IF YOU DO NOT AGREE WITH ANY OF THE MODIFIED, ALTERED OR UPDATED TERMS, THEN YOU SHOULD NOT USE THIS WEB SITE AFTER SUCH MODIFICATIONS, ALTERATIONS OR UPDATES HAVE BEEN POSTED.
Variations: We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.
Use Of This Web Site And Intellectual Property Rights
FDR controls and (either itself and/or through its third party hosts) operates this Web Site. All content on this Web Site, including, but not limited to, text, images, illustrations, graphics, logos, digital downloads, data, software, headers, icons, scripts, audio clips, and video clips, is the property of FDR or its Third Parties, and is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by and subject to United States and international copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes). The content is owned and controlled by FDR, its affiliated or related entities, or the Third Parties that have licensed or otherwise made available their content or the right to market their products and/or services to FDR.
You may not use any registered or unregistered trademarks, service marks, copyrighted materials or other proprietary information or intellectual property appearing on this Web Site, including, but not limited to, any logos, images or characters, meta tags or similar code, or hidden text or elements containing such information or property, without the express written consent of the owner of the mark or copyright. You may not frame any trademarks, service marks, copyrights, logos, images, text, or other proprietary information or intellectual property of FDR, or otherwise incorporate into another web site any of the content or other materials on this Web Site, without FDR’s express prior written consent. You may not deep link to any page or portion of this Web Site without FDR’s prior written consent.
Violation of trademark and copyright laws (“Infringement”) may result in significant civil liability or criminal penalties under Australia and/or international copyright and trademark laws. You recognize that any reproduction or use of content, copyrights, trademarks, service marks, or other intellectual property on this Web Site, except as authorized by this Agreement, is considered intentional Infringement.
You warrant and represent to FDR that you will not use this Web Site for any purpose that is unlawful, illegal or prohibited by this Agreement, including, without limitation, the sending, posting, transmitting, displaying, distributing, or knowingly receiving of or searching for any threatening, harassing, libelous, defamatory, obscene, scandalous, inflammatory, sexually oriented, pornographic, or profane material, content or images, or other images, content or messages that might be considered lewd, lascivious, excessively violent or otherwise offensive. If you violate any of these responsibilities, your permission to use this Web Site immediately terminates without the necessity of any notice by us to you. FDR, at its sole discretion, retains the right to deny access to this Web Site to anyone for any reason, including for violation of this Agreement.
You agree that any information that you provide will be true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete (or FDR has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete), FDR has the right to suspend or terminate your access and activity relating to, and to refuse any and all current or future use of, this Web Site.
You are specifically prohibited from any use of this Web Site, and you agree not to use or permit others to use this Web Site, without limitation, for any of the following:
- take any action that imposes an unreasonable or disproportionately large load on, or waste of valuable time for, the Web Site’s infrastructure or resources, including, but not limited to, sending or promoting the distribution of “spam,” “junk mail,” chain letters, or other such unsolicited or unlawful mass e-mailing techniques;
- disclose to, or share with, any unauthorized third parties the ID’s, assigned confirmation numbers and/or passwords, or use the ID’s, assigned confirmation numbers and/or passwords for any unauthorized purpose, or otherwise allow or facilitate others to gain access to FDR’s information technology systems, environments, networks, files, data or accounts through the use of the ID’s, assigned confirmation numbers and/or passwords;
- access or attempt to access FDR’s information technology systems, environments, networks, files, data or accounts to which express authorization has not been obtained (including access to data not intended for You), or log into a server or account that you are not authorized to access;
- interfere with, disrupt, disable or damage (or attempt to interfere with, disrupt, disable or damage), in an unauthorized manner, the use or operation of this Web Site or FDR’s, its affiliated or related entities’ or the Third Party’s systems, equipment or applications, or service to any user, host, or network, including by use of any programs, scripts, commands, viruses, worms, web bugs, harmful code, Trojan horses, other contaminants, or otherwise. This includes “denial of service” attacks, “flooding” of networks, deliberate attempts to overload a service or to burden excessively a service’s resources, attempts to “crash” a host, and/or modifying or rerouting any content or services provided at this Web Site;
- attempt to circumvent or subvert system or network security (i.e., authentication) mechanisms, or probe the security of any system, network, or account, associated or used in conjunction with this Web Site;
- upload, post, e-mail or otherwise transmit any information, content, or proprietary rights that you do not have a right to transmit under this Agreement, any law or other contractual or fiduciary relationships; and/or
- use any robot, spider, intelligent agent, meta-searching, other automatic devices, or manual process to search, monitor or copy FDR’s Web Site pages or the content.
Exclusion of competitors: You are prohibited from using our Site, including the Content, in any way that competes with our business.
Information: The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.
Third party sites: Our Site may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. You should make your own investigations with respect to the suitability of those websites.
Discontinuance: We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.
All content, products and services on this web site, unless otherwise expressly stated in writing by fdr, are provided “as is” and without warranties of any kind, either express or implied. Other than those warranties which, under the u.S. Laws applicable to these terms, are implied by law and are incapable of exclusion, restriction, or modification, fdr disclaims any and all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
Neither fdr, its affiliated or related entities, nor the third parties, nor any person involved in the creation, production, hosting and/or distribution of this web site, warrant that the functions, features or services contained in this web site will be uninterrupted or error-free, that defects will be corrected, or that the server that makes the content available will be free of viruses or other harmful components. The content that you access on this web site is provided solely for your convenience and information. Fdr does not warrant or make any representations regarding the results that may be obtained from the use of this web site, or as to the reliability, accuracy or currency of any content, service, and/or merchandise provided or acquired pursuant to your use of this web site.
Your use of this web site is at your own risk. You (and not fdr) assume the entire cost of all necessary servicing (including, without limitation, your internet connection) and repair or correction of your computer, network and/or system.
Limitation Of Liability
In no event shall fdr, its affiliated or related entities or third parties, nor any of its or their respective officers, directors, employees or agents, or any person or entity involved in the creation, production, distribution and hosting of this web site, be liable for any direct, actual, indirect, consequential, incidental, special, punitive or exemplary damages, of any kind, whether arising under contract, warranty, or tort (including negligence) or any other theory of liability, regardless of whether fdr (or its affiliated or related entities or providers) knew or should have known of the possibility of such damages, including, without limitation, from the use or attempted use of this web site or any other linked site.
Governing Law And Jurisdiction
By accessing this Web Site, you agree that this Agreement and your use of the Web Site shall be governed in all respect by the laws of Australia, New South Wales, without regard to any conflict of laws provisions, and shall not be governed by the United Nations Convention on the International Sale of Goods. You further agree to submit to the exclusive jurisdiction and venue in the state and federal courts located in Australia / Sydney (NSW) for all disputes, cases and controversies regarding this Web Site, your use of this Web Site, and any matter arising out of or related to this Agreement.
FDR reserves the right to report any wrongdoing, if and when it becomes aware of it, to any applicable government or law enforcement agencies. You agree to indemnify, defend and hold FDR, its and their officers, directors, employees, affiliated or related entities, Third Parties, agents, licensors, and suppliers, harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys’ fees) resulting from your use of this Web Site, your breach of any provision of this Agreement and/or any negligent acts, omissions or intentional wrongdoing by you.
In order for you to use certain services or software on this Site, you may be required to open an account for the purposes of creating a user name and password. In order to do so, you must complete the registration process by providing current, complete and truthful information as requested. You are also responsible for creating and securing an account name and password. You are entirely responsible for maintaining the confidentiality of your password and account and remain entirely responsible for any and all activities that occur under your account, including charges incurred. FDR will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.
No Legal Advice
The information provided on this Web Site is neither designed nor intended to provide legal or other professional advice but is intended merely to be a starting point for research on the subject of legal technology. While every attempt has been made to ensure the accuracy of this information, no responsibility can be accepted for errors or omissions. Users of this Web Site shall maintain full, professional and direct responsibility to their clients for any information or services rendered by FDR.
FDR RESERVES ANY RIGHTS NOT EXPRESSLY GRANTED OR STATED IN THESE TERMS.
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