This Agreement contains an agreement to arbitrate all claims and disclaimers of warranties and liability.
Your Compliance With This Agreement
Your Access And Use Of Fimerica
Your access and use of Fimerica may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of Fimerica or other actions that Fimerica, in its sole discretion, may elect to take. Fimerica reserves the right to suspend or discontinue the availability of Fimerica and/or any portion or feature of Fimerica at any time in its sole discretion and without prior notice.
Fimerica may act as a venue, through chat rooms, bulletin boards and other forums (collectively, the “Forums”), allowing the public to contribute information and make statements. Fimerica is not involved in the actual transmission of information and statements provided for in the Forums. As a result, Fimerica does not approve or endorse any information or statements in the Forums, and you hereby acknowledge and agree that Fimerica has no control over the quality, correctness, timeliness, safety, truth, accuracy or legality of any information provided for by you or any other person or entity in the Forums. You may find information posted in the Forums by other users to be offensive, harmful, inaccurate or deceptive. Please use caution and common sense, and do not rely solely on information or statements published in the Forums. Without limiting the generality of the foregoing, and although Fimerica does not regularly review Forum information or postings, Fimerica reserves the right, but not the obligation, to remove or edit any information in the Forums.
Immediately report problems with the Forums to Fimerica.
Transmissions, Submissions, and Postings to Fimerica
If you transmit, submit or post information to Fimerica that is not Federally trademarked and/or copyrighted, you automatically grant Fimerica and its affiliates the worldwide, fully-paid, royalty-free, exclusive right and license to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content (as defined below). Provided that you have obtained prior written permission from Fimerica to transmit, submit or post information to Fimerica that is Federally trademarked and/or copyrighted, you automatically grant Fimerica and its affiliates the worldwide, fully-paid, royalty-free right to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content.
You shall not transmit, submit or post the following to Fimerica:
- Information that infringes Fimerica’s or any third party’s copyright, patent, trademark, trade secret or other proprietary rights;
- Information that violates any law, statute, ordinance or regulation;
- Information that is trade libelous, unlawfully threatening, unlawfully harassing, defamatory, obscene, explicit or vulgar, or otherwise injurious to Fimerica or third parties or that infringes on Fimerica’s or any third party’s rights of publicity or privacy;
- Information that contains any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- Information containing or constituting chain letters, mass mailings, political campaigning, or any form of “spam”;
- Information that is false, inaccurate or misleading;
- Commercial advertisements or solicitations without written permission from Fimerica; or
- Federally Trademarked and/or Copyrighted information without written permission from Fimerica.
Fimerica’s Intellectual Property Rights
The names “Fimerica”, and design, graphics, logos, page headers, button icons, scripts, taglines, and service names are trademarks or trade dress of Fimerica or its subsidiaries, in the United States and/or other countries (collectively, the “Proprietary Marks”). You may not use the Proprietary Marks without the prior express written permission of Fimerica, which permission may be withheld in Fimerica’s sole discretion. Fimerica makes no proprietary claim to any third-party names, trademarks or service marks appearing on Fimerica. Any third-party names, trademarks, and service marks are property of their respective owners.
The information, advice, data, software and content viewable on, contained in, or downloadable from, Fimerica (collectively, the “Content”), including, without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons, renditions and floor plans, are copyrighted by, or otherwise licensed to, Fimerica or its Content suppliers. Fimerica also owns a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content (the “Collective Work”). All software used on Fimerica (the “Software”) is the property of Fimerica or its software vendors and is protected by United States and international copyright laws. Viewing, reading, printing, downloading or otherwise using the Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to the Content, the Collective Work or the Software.
You shall be solely responsible for any damage resulting from your infringement of Fimerica’s or any third party’s intellectual property rights regarding the Trademarks, the Content, the Collective Work, the Software and/or any other harm incurred by Fimerica or its affiliates as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.
Your Use Of The Content
Fimerica grants you a limited license to access, print, download or otherwise make personal use the Content and the Collective Work in the form of: (i) one machine-readable copy; (ii) one backup copy; and (iii) one print copy, for your non-commercial use; provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing manifestations of the Content and the Collective Work. You may not modify the Content or the Collective Work or utilize them for any commercial purpose or any other public display, performance, sale, or rental, decompile, reverse engineer, or disassemble the Content and the Collective Work, or transfer the Content or the Collective Work to another person or entity.
Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use, other than the non-commercial use of the Content and the Collective Work as permitted by this Agreement, is permitted by you without the express prior written permission of Fimerica, which permission may be withheld in Fimerica’s sole discretion.
You may not use any meta tags or any other “hidden text” utilizing Fimerica’s name or trademarks without the express written permission of Fimerica, which permission may be withheld in Fimerica’s sole discretion.
Access and Interference
Fimerica contains robot exclusion headers. You agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor Fimerica or any portion of Fimerica or for any other purpose, without Fimerica’s express written permission which may be withheld in Fimerica’s sole discretion. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in Fimerica’s sole discretion an unreasonable or disproportionately large load on Fimerica’s infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from Fimerica without the prior written permission of Fimerica and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of Fimerica or any activities conducted on Fimerica; or (iv) bypass Fimerica’s robot exclusion headers or other measures Fimerica may use to prevent or restrict access to Fimerica.
When you visit Fimerica or send email to Fimerica, you are communicating with Fimerica electronically. You consent to receive communications from Fimerica electronically. Although Fimerica may choose to communicate with you by regular mail, Fimerica may also choose to communicate with you by e-mail or by posting notices on Fimerica. You agree that all agreements, notices, disclosures and other communications that Fimerica provides to you electronically satisfy any legal requirement that such communications be in writing.
Your Responsibility For Equipment And Related Costs
You are responsible for obtaining and maintaining all telephone, computer hardware, Internet access services and other equipment or services needed to access and use Fimerica, and all costs and fees associated with Internet access or long-distance charges incurred with regard to your access and use of Fimerica.
Third Party Links
There may be provided on Fimerica links to other Web sites belonging to Fimerica’s advertisers, business partners, affiliates and other third parties. Such links do not constitute an endorsement by Fimerica of those Web sites, nor the products or services listed on those Web sites. Fimerica is not responsible for the activities or policies of those Web sites. Fimerica does not endorse the products of any particular advertiser, business partner, affiliate or other third party. Your use of any advertiser, business partner, affiliate, or third party is strictly your decision. Fimerica does not provide any guarantee for the services, offerings, products, and Fimerica does not guarantee the loan terms or rates offered by any particular lender, advertiser, business partner, affiliate or other third party on Fimerica are the best terms or lowest rates available in the overall market.
Fimerica Makes No Representations Or Warranties Regarding The Content
The content and all services and products associated with Fimerica are provided to you on an “as-is” and “as available” basis. Fimerica.com makes no representations or warranties of any kind, express or implied, as to the operation of Fimerica or the information, content, materials, products or services included on or associated with Fimerica. You expressly agree that your use of Fimerica and all products and services included in or associated with Fimerica is at your sole risk.
Fimerica does not make any representations, warranties or guarantees, express or implied, regarding the accuracy, correctness, or completeness of the content or the services and products associated with Fimerica, nor the safety, reliability, title, timeliness, completeness, merchantability, conformity or fitness for a particular purpose of the content or the services and products associated with Fimerica. It is your sole responsibility to independently evaluate the accuracy, correctness or completeness of the content and the services and products associated with Fimerica.
Fimerica makes no representation, warranty or guarantee that the content that may be available for download from Fimerica is free of infection from any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
The Content is intended only to assist you with decisions regarding financial products and other service and products available and is broad in scope and does not consider your personal financial situation. Your personal financial situation is unique and the information and advice may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, Fimerica recommends that you obtain additional information and advice from your accountant and other financial advisors who are fully aware of your individual circumstances.
Limitations On Fimerica’s Liability
FIMERICA SHALL IN NO EVENT BE RESPONSIBLE TO, OR LIABLE TO, YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (II) YOUR ACCESS AND USE OF FIMERICA; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE FIMERICA FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF THE CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; (V) YOUR RELIANCE UPON OR USE OF THE CONTENT OR THE COLLECTIVE WORK, OR (VI) ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH FIMERICA, OR OTHERWISE ARISING OUT OF THE USE OF FIMERICA, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FIMERICA OR ADRETURNS MG, LLC AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.
Your Indemnification Of Fimerica
You shall defend, indemnify and hold harmless Fimerica and its officers, directors, shareholders, partners, employees, assignees, transferees, independent contractors, agents, representatives, lender partners, and affiliates from and against all claims and expenses, including, but not limited to, attorneys’ fees, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; (ii) your failure to provide accurate, complete and current personally identifiable information requested or required by Fimerica; (iii) your access or use of Fimerica; and/or (iv) access or use of Fimerica under any password that may be issued to you.
Amendments Of This Agreement
Fimerica reserves the right to update, amend and/or change this Agreement at any time in its sole discretion and without notice. Updates to this Agreement will be posted here. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. You can determine the version by the “Updated” date above. Your continued access and use of Fimerica following the posting of any such changes shall automatically be deemed your acceptance of all changes.
You acknowledge that Fimerica may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, Fimerica shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of record of Kent County, Michigan, or the United States District Court, Western District of Michigan. You consent to the jurisdiction of such court and waive any objection to the laying of the venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
Governing Law; Arbitration
This Agreement is to be governed by and construed in accordance with the internal laws of the State of Michigan, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of or relating to this Agreement, except for an injunctive action regarding a breach or threatened breach of any provision of this Agreement by you as provided above, shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in Kent County, Michigan.
THEREFORE, YOU DO NOT HAVE THE OPPORTUNITY TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS AND YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. BY USING FIMERICA YOU CONSENT TO THESE RESTRICTIONS.
You and Fimerica shall select the arbitrator, and if you and Fimerica are unable to reach agreement on selection of the arbitrator within thirty-days (30) after the notice of arbitration is served, then the American Arbitration Association shall select the arbitrator. Arbitration shall not commence until the party requesting it has deposited One Thousand Dollars ($1,000.00) with the arbitrator for the arbitrator’s fees and costs. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrator to pay the arbitrator’s fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.
Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Fimerica, jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Kent County, Michigan.
Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and Fimerica and your and Fimerica’s respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence, in no event shall either you or Fimerica be entitled to punitive damages and both you and Fimerica hereby waive your and Fimerica’s respective rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue or business.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.
All covenants, agreements, representations and warranties made in this Agreement, as may be amended by Fimerica from time to time, shall survive your acceptance of this Agreement and the termination of this Agreement.
If you have questions, comments, concerns or feedback regarding this Agreement or Fimerica, please contact us here.