In order to use the FEI Rochester Site, you must be the age of majority in your jurisdiction and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms. You represent that you meet the eligibility requirements in this Section. In any case, you affirm that you are over the age of 13, as the FEI Rochester Site is not intended for children under 13. If you are using or opening an account on the FEI Rochester Site on behalf of a company, entity, or organization (collectively "Subscribing Organization"), then you represent and warrant that you: are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of such Subscribing Organization.
Your privacy is important to FEI Rochester. FEI Rochester’s Privacy Notice at http://www.feirochester.org/privacy-policy/ is hereby incorporated into these Terms by reference. Please read this notice carefully for information relating to FEI Rochester’s collection, use, and disclosure of your personal information.
Modification of the Terms
FEI Rochester reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time without notice to you. All changes shall be effective immediately. In the event of a material change, we will notify you via the most recent e-mail address that you have provided to us in conjunction with your account. Please check these Terms periodically for changes. Your continued use of the FEI Rochester Site after the posting of changes constitutes your binding acceptance of such changes.
FEI Rochester Site Access
FEI Rochester grants you permission to use the FEI Rochester Site as set forth in these Terms, provided that and for so long as (i) you use the FEI Rochester Site solely for your personal or internal business use; (ii) except as expressly permitted in these Terms, you do not download, reproduce, redistribute, retransmit, publish, resell, distribute, publicly display or otherwise exploit any portion of the FEI Rochester Site in any medium without FEI Rochester’s prior written authorization; (iii) you do not alter or modify any part of the FEI Rochester Site other than as may be reasonably necessary to use the FEI Rochester Site for its intended purposes; (iv) you do not engage in any of the prohibited uses described below; and (v) you otherwise fully comply with these Terms. The FEI Rochester Site is controlled and offered by FEI Rochester from its facilities in the United States of America. FEI Rochester makes no representations that the FEI Rochester Site is appropriate or available for use in other locations. If you are accessing or using the FEI Rochester Site from other jurisdictions, you do so at their own risk and you are responsible for compliance with local law.
Ownership; Proprietary Rights
As between the Parties, the FEI Rochester Site including the content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the FEI Rochester site that are provided by FEI Rochester are owned and/or licensed by FEI Rochester.
FEI Rochester Materials
FEI Rochester Materials do not include Non-FEI Rochester Content (as defined below). Except as expressly authorized by FEI Rochester, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the FEI Rochester Site or the FEI Rochester Materials. FEI Rochester reserves all rights not expressly granted in these Terms. User shall not acquire any right, title, or interest to the FEI Rochester Materials, except for the limited rights set forth in these Terms.
The FEI Rochester Site may now or in the future permit you and other users to post or link media, text, audio and video recordings, photos, graphics, commentary or any other content ("User Content"), and to host and/or share such User Content. User Content is not controlled by FEI Rochester. FEI Rochester makes no representations that your User Content will remain available via the FEI Rochester Site in any way and may remove your User Content in its sole discretion.
1.2 Grant of Rights
By submitting User Content to FEI Rochester through the FEI Rochester Site, you hereby grant FEI Rochester and its affiliates a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, transferable license, with the right to grant and authorize sublicenses, to use, reproduce, distribute, modify, adapt, prepare derivative works of, display, perform, and otherwise exploit your User Content in connection with the FEI Rochester Site and FEI Rochester’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the FEI Rochester Site (and derivative works thereof) in any media formats and through any media channels now known or hereafter discovered. You grant FEI Rochester and its affiliates and sublicensees the right to use the name that you submit in connection with such User Content if they choose. You also agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. You also hereby grant to each user of the FEI Rochester Site a non-exclusive license to access your User Content through the FEI Rochester Site, and to use, reproduce, distribute, prepare derivative works of, display, and perform such User Content as permitted by the functionality of the FEI Rochester Site and these Terms.
1.3 Your Representations and Warranties Regarding User Content
You shall be solely responsible for your own User Content and the consequences of posting such content. In connection with User Content, you affirm, represent, and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize FEI Rochester to use, all patent, trademark, copyright, or other proprietary rights in and to any and all User Content to enable inclusion and use of User Content in the manner contemplated by FEI Rochester and these Terms, and to grant the rights and license set forth in this Section, and (ii) your User Content, FEI Rochester’s use of such User Content pursuant to these Terms, and FEI Rochester’s exercise of the license rights set forth in this Section, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or © violate any applicable law or regulation.
1.4 Prohibited Uses of User Content
Except as otherwise permitted by these Terms, in connection with your User Content, you further agree that you will not publish, post, submit, transmit through or otherwise make available to the FEI Rochester Site: (i) any falsehoods or misrepresentations that could damage FEI Rochester or any third party; (iii) any material which is unlawful, defamatory, libelous, slanderous, pornographic, obscene, abusive, profane, vulgar, sexually explicit, threatening, harassing, harmful, hateful, racially or ethnically offensive or otherwise objectionable, or which encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or any right of privacy or publicity, or is otherwise inappropriate; (iv) advertisements or solicitations of business, products, or services; or (v) any material that would be harmful to minors in any manner.
2. Non-FEI Rochester Content Disclaimer
You understand that when using the FEI Rochester Site you will be exposed to User Content and other third party content (together, the "Non-FEI Rochester Content") from a variety of sources, and that you may be exposed to Non-FEI Rochester Content that is inaccurate, offensive, indecent, or otherwise objectionable. FEI Rochester does not endorse any Non-FEI Rochester Content or any opinion, recommendation, or advice expressed therein. Under no circumstances will FEI Rochester be liable in any way for or in connection with the Non-FEI Rochester Content, including, but not limited to, for any inaccuracies, errors or omissions in any Non-FEI Rochester Content, any intellectual property infringement with regard to any Non-FEI Rochester Content, or for any loss or damage of any kind incurred as a result of the use of any Non-FEI Rochester Content posted, emailed or otherwise displayed or transmitted through the FEI Rochester Site.
3. Non-Monitoring of Users and Non-FEI Rochester Content
You understand that you, and not FEI Rochester, are entirely responsible for all User Content that you upload, post, e-mail, transmit or otherwise make available through the FEI Rochester Site. FEI Rochester does not control the Non-FEI Rochester Content posted by Users or otherwise made available by other persons and does not have any obligation to monitor such Non-FEI Rochester Content for any purpose. If at any time, FEI Rochester chooses, in its sole discretion, to monitor the Non-FEI Rochester Content, FEI Rochester nonetheless assumes no responsibility for the Non-FEI Rochester Content, no obligation to modify or remove any inappropriate Non-FEI Rochester Content, and no responsibility for the conduct of the user submitting any such Non-FEI Rochester Content. You agree that you must evaluate, and bear all risks associated with the use of any User Content or other Non-FEI Rochester Content, including any reliance on the accuracy, completeness, usefulness, or legality of such User Content or other Non-FEI Rochester Content.
4. Removal of Non-FEI Rochester Content
FEI Rochester and its designees shall have the right (but not the obligation) in their sole discretion to refuse to post or remove any Non-FEI Rochester Content that is available on the FEI Rochester Site in whole or in part at any time for any reason or no reason, with or without notice and with no liability of any kind.
5. Prohibited Uses of the FEI Rochester Site
5.1 As a condition of your use of the FEI Rochester Site, you hereby represent and warrant that you will not use the FEI Rochester Site for any purpose that is unlawful or prohibited (including without limitation, the prohibitions in this Section) by these Terms.
5.2 Any use by you of any of the FEI Rochester Materials and FEI Rochester Site other than for your personal or internal business use is strictly prohibited. You agree not to reproduce, duplicate, copy, sell, trade, resell, distribute, or exploit any portion of the FEI Rochester Site, use of the FEI Rochester Site, access to the FEI Rochester Site, or Non-FEI Rochester Content obtained through the FEI Rochester Site, for any purpose other than for your personal or internal business use.
5.3 You agree not to use the FEI Rochester Site if you do not meet the eligibility requirements described in Section 1 above.
5.4 You agree not to defame, harass, abuse, threaten, stalk or defraud users of the FEI Rochester Site, or collect, or attempt to collect, personal information about users or third parties without their consent.
5.5 You agree not to intentionally interfere with or damage, impair or disable the operation of the FEI Rochester Site or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, spyware, adware, or other malicious code.
5.6 You agree not to remove, circumvent, disable, damage or otherwise interfere with any security-related features of the FEI Rochester Site, features that prevent or restrict the use or copying of any part of the FEI Rochester Site, or features that enforce limitations on the use of the FEI Rochester Site.
5.7 You agree not to attempt to gain unauthorized access to the FEI Rochester Site, or any part of it, other accounts, computer systems or networks connected to the FEI Rochester Site, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the FEI Rochester Site or any activities conducted through the FEI Rochester Site
5.8 You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the FEI Rochester Site. You agree neither to modify the FEI Rochester Site in any manner or form, nor to use modified versions of the FEI Rochester Site, including (without limitation) for the purpose of obtaining unauthorized access to the FEI Rochester Site.
5.9 You agree that you will not use any robot, spider, scraper, or other automated means to access the FEI Rochester site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the FEI Rochester Site.
5.10 You agree not to utilize framing techniques to enclose any trademark, logo, or other FEI Rochester Materials without our express written consent. You agree not to use any meta tags or any other "hidden text" utilizing FEI Rochester’s name or trademarks without FEI Rochester’s express written consent.
5.11 You agree to immediately deactivate and delete any links to the FEI Rochester Site, which FEI Rochester finds objectionable in its sole discretion, upon receipt of notice from FEI Rochester. You agree not to use any FEI Rochester logos, graphics, or trademarks as part of the link without our express written consent.
5.12 You agree not to make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the FEI Rochester Site. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
5.13 You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the FEI Rochester Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
5.14 You agree not to modify, adapt, translate, or create derivative works based upon the FEI Rochester Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
5.15 You agree not to impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
6. Account Information
In order to access some features of the FEI Rochester Site, you will have to create an account. You represent and warrant that the information you provide to FEI Rochester upon registration and, at all other times, will be true, accurate, current, and complete. You also represent and warrant that you will ensure that this information is kept accurate and up-to-date at all times. You acknowledge, consent, and agree that FEI Rochester may access, preserve and disclose your account information and User Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the Terms; © respond to claim that any User Content violates the rights of third parties; (d) provide certain customized features of the FEI Rochester Site to you, if any, or respond if you contact FEI Rochester for any reason; or (e) protect the rights, property, or personal safety of FEI Rochester, the users, and the public.
If you register you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your account ID or password), you shall immediately notify FEI Rochester. You may be liable for the losses incurred by FEI Rochester or others due to any unauthorized use of your account.
8. Dealings with Advertisers and other Users
Your correspondence or business dealings with, or participation in promotions of, advertisers and other Users found on or through the FEI Rochester Site are solely between you and such advertiser or User. YOU AGREE THAT FEI ROCHESTER WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS OR USERS ON THE FEI ROCHESTER SITE.
9. Links and Third Party Websites
FEI Rochester, Users, or third parties may provide links on the FEI Rochester Site to other sites including the content therein ("Reference Sites"). FEI Rochester has no control over such Reference Sites or content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability, or reliability of Reference Sites or content linked to by the FEI Rochester Site. FEI Rochester provides links to you only as a convenience, and the inclusion of any link on the FEI Rochester Site does not imply our affiliation, endorsement, or adoption of the linked site or any information therein. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON REFERENCE SITES OR AVAILABLE THROUGH REFERENCE SITES, IS SOLELY AT YOUR OWN RISK. Our terms and policies do not govern your use of any site other than the FEI Rochester Site. You should review applicable terms and policies, including the privacy and data gathering practices, of any Reference Sites.
10. Availability of Service
FEI Rochester may make changes to or discontinue any of the media, web communities, products, or services available within the FEI Rochester Site at any time, and without notice. The media, products, or services on the FEI Rochester Site may be out of date, and FEI Rochester makes no commitment to update these materials on the FEI Rochester Site.
11. User Disagreements
You are solely responsible for your involvement with other users of the FEI Rochester Site. FEI Rochester reserves the right, but has no obligation, to monitor disagreements between you and other users. FEI ROCHESTER DISCLAIMS ALL LIABILITY RELATED TO ANY USER DISAGREEMENT.
12.1 FEI Rochester
You agree that FEI Rochester, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have through the FEI Rochester Site or your use of the FEI Rochester Site, and remove and discard all or any part of your account or any User Content, at any time. You agree that your access to the FEI Rochester Site or any account you may have or portion thereof may be terminated without prior notice, and you agree that FEI Rochester shall not be liable to you or any third-party for any such termination. These remedies are in addition to any other remedies FEI Rochester may have at law or in equity.
If you are dissatisfied with the FEI Rochester Site, please let us know at FEIRochester@rochester.rr.com. Your input is valuable to us. Your only remedy with respect to any dissatisfaction with (i) the FEI Rochester Site, (ii) any term of these Terms, (iii) any policy or practice of FEI Rochester in operating the FEI Rochester Site, or (iv) any content or information transmitted through the FEI Rochester Site, is to terminate these Terms and your account. You may terminate these Terms at any time by closing your account and discontinuing your use of any and all parts of the FEI Rochester Site and providing notice of termination at FEIRochester@rochester.rr.com.
13. Indemnification; Hold Harmless
You agree to indemnify and hold harmless FEI Rochester, and its parent, subsidiaries, affiliates or any related companies (including those which share substantially common ownership), and the officers, directors, employees, agents and representatives of any of them from any and all claims, losses, obligations, damages, liabilities, costs, debt, and expenses (including attorney’s fees) arising out of (i) your use or misuse of the FEI Rochester Site; (ii) your User Content, including FEI Rochester’s use, display or other exercise of its license rights granted herein with respect to your User Content; (iii) your violation of these Terms; (iv) your violation of the rights of any other person or entity, including claims that any User Content infringes or violates any third party intellectual property rights; (v) your breach of the foregoing representations, warranties, and covenants; and (vi) any unauthorized use of your account not caused by FEI Rochester. FEI Rochester reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of FEI Rochester. FEI Rochester will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
14. Disclaimers; No Warranties
YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 19, THE TERM FEI ROCHESTER INCLUDES FEI ROCHESTER’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, AFFILIATES, AND SUBCONTRACTORS.
14.2 No Warranties
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FEI ROCHESTER DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FEI ROCHESTER OR THROUGH THE FEI ROCHESTER SITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
14.3 "As is" and "As available" and "With All Faults."
YOU EXPRESSLY AGREE THAT THE USE OF THE FEI ROCHESTER SITE IS AT YOUR SOLE RISK. THE FEI ROCHESTER SITE, USER CONTENT, NON-FEI ROCHESTER CONTENT, AND ANY OTHER THIRD-PARTY MEDIA, CONTENT, SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE FEI ROCHESTER SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
14.4 Website Operation and Non-FEI Rochester Content
FEI ROCHESTER DOES NOT WARRANT THAT THE FEI ROCHESTER MATERIALS, USER CONTENT, NON-FEI ROCHESTER CONTENT, FEI ROCHESTER SITE, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE FEI ROCHESTER SITE OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DOES NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
FEI ROCHESTER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE FEI ROCHESTER SITE OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
14.6 Harm to Your Computer
YOU UNDERSTAND AND AGREE THAT YOUR USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE FEI ROCHESTER SITE (INCLUDING RSS FEEDS) OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
15. Limitation of Liability and Damages
15.1 Limitation of Liability
UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL FEI ROCHESTER OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE FEI ROCHESTER MATERIALS AND USER CONTENT ON THE FEI ROCHESTER SITE OR ANY REFERENCE SITES, THE FEI ROCHESTER SITE ITSELF, OR ANY OTHER INTERACTIONS WITH FEI ROCHESTER, EVEN IF FEI ROCHESTER OR A FEI ROCHESTER AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15.2 Limitation of Damages
IN NO EVENT SHALL FEI ROCHESTER OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE FEI ROCHESTER SITE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS ($100 USD).
15.3 Third Party Products and Services
SOME USERS MAY USE THE FEI ROCHESTER SITE TO MARKET PRODUCTS AND/OR SERVICES. THE ABOVE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY SUCH PRODUCTS OR SERVICES MARKETED, SOLD OR PROVIDED BY USERS, OR OTHERWISE BY THIRD PARTIES OTHER THAN FEI ROCHESTER AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE FEI ROCHESTER SITE OR THIRD PARTY SITES, INCLUDING WITHOUT LIMITATION ANY REFERENCE SITES.
16. Limitations by Applicable Law; Basis of the Bargain
16.1 Limitations by Applicable Law
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
16.2 Basis of the Bargain
YOU ACKNOWLEDGE AND AGREE THAT FEI ROCHESTER HAS OFFERED ITS PRODUCTS AND SERVICES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND FEI ROCHESTER, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND FEI ROCHESTER. YOU ACKNOWLEDGE AND AGREE THAT FEI ROCHESTER WOULD NOT BE ABLE TO PROVIDE THE FEI ROCHESTER SITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
17. Digital Millennium Copyright Act Compliance
17.1 Notification of Infringement
It is FEI Rochester’s policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA"). In addition, we will promptly terminate without notice the accounts of those determined by us to be "repeat infringers". If you are a copyright owner or an agent thereof, and believe that any User Submission or other Non-FEI Rochester Content infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing our Copyright Agent designated below with the following information in writing (see 17 U.S.C § 512©(3) or consult your own legal counsel to confirm these requirements): (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the FEI Rochester Site are covered by a single notification, a representative list of such works from the Site; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit FEI Rochester to locate the material; (iv) Information reasonably sufficient to permit FEI Rochester to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Upon taking down allegedly infringing material, we will notify the party which originally posted the material of such takedown. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
17.2 Counter Notification
If you elect to send our Copyright Agent a counter notice, to be effective it must be a written communication that includes the following (please consult your legal counsel or See 17 U.S.C. Section 512(g)(3) to confirm these requirements): (i) A physical or electronic signature of the subscriber; (ii) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (iii) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (iv) The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which FEI Rochester may be found, and that the subscriber will accept service of process from the person who provided notification under subsection ©(1)© or an agent of such person. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
17.3 Designated Copyright Agent
FEI Rochester’s Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows: [NAME], [EMAIL], [TELEPHONE], [FAX].
FEI Rochester may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on the FEI Rochester Site. If Notice is by e-mail or mail, it will be provided to the e-mail or regular mailing address provided by you with your account information and it is your responsibility to update such account information for any changes. Notice to you will be deemed given twenty-four hours after email is sent, unless FEI Rochester is notified that the email address is invalid, and if through postal mail, three days after the date of mailing. You may provide FEI Rochester with notices by email to the address indicated in subsection (l) below.
18.2 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law.
You agree that any action at law or in equity arising out of or relating to these Terms or the FEI Rochester Site shall be filed only in the state or federal courts in and for Monroe County, New York and you hereby consent and submit to the personal and exclusive jurisdiction and venue of such courts for the purposes of litigating any such action.
A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of FEI Rochester to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
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 and shall not affect the validity and enforceability of any remaining provisions.
The Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by FEI Rochester without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
18.7 Independent Contractor
You agree that no joint venture, partnership, employment, or agency relationship exists between you and FEI Rochester as a result of these Terms or use of the FEI Rochester Site. You further acknowledge that by submitting User Content or other Non-FEI Rochester Content, no confidential, fiduciary, contractually implied or other relationship is created between you and FEI Rochester other than pursuant to these Terms.
Sections 5, 6, 16, 18, 19, 20, 21, 22 and 23 will survive any termination of these Terms or your account whether by you or FEI Rochester.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
18.10 Entire Agreement
This is the entire agreement between you and FEI Rochester relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. These Terms shall not be modified except in a writing, signed by both parties, or by a change to these Terms or Guidelines made by FEI Rochester as set forth in Section 3 above.
Claims. YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU ARISING OUT OF OR RELATED TO THE FEI Rochester SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Disclosures.The services hereunder are offered by FEI Rochester, FEIRochester@rochester.rr.com.
Last Updated: January 16, 2018