Site Terms & Privacy Disclosure
FTSI reserves the right, at its sole discretion, to update, revise, supplement, modify, or amend these Terms at any time. Any updates, revisions, supplements, modifications, or amendments shall be effective immediately upon posting on this Site. It is your responsibility to check these Terms periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.
INTELLECTUAL PROPERTY RIGHTS
All materials contained on this Site, including text, graphics, images, user interfaces, photographs, trademarks (click here for a list of FTSI’s trademarks, which will be updated from time to time), logos, computer code, and other material (collectively, “Content”), and all intellectual property rights thereto, including copyrights, trademarks, service marks, trade names, trade dress, and the design, structure, selection, coordination, expression, “look and feel”, and arrangement of such Content, unless otherwise noted, are solely and exclusively owned by FTSI or its affiliates and is protected by applicable copyright, trademark, and patent laws and various other intellectual property rights and unfair competition laws. These rights are valid and protected in all forms, media, and technologies existing now or hereafter developed.
Except as specifically noted herein, no right or license is granted to you under any copyright, patent, trademark, or other intellectual property law. From time to time, FTSI may make fair use on this Site of trademarks owned and used by other parties. When used, FTSI makes no claim to ownership of such marks. You agree not to copy, reproduce, republish, upload, post, publicly display, encode, translate, transmit, modify, or distribute in any way, including to any other computer, server, web site, or other medium, any of the content contained on this Site, except for your own personal, noncommercial informational use, without obtaining the prior written consent of FTSI. You are prohibited from using this Site to infringe on any person's copyright, trademark, trade secret, patent, or other intellectual property rights.
YOUR USE OF THIS SITE AND ITS CONTENT IS AT YOUR SOLE RISK. THE CONTENT ON THIS SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE DO NOT REPRESENT THAT THE CONTENT WILL BE RELIABLE, SECURE, UNINTERRUPTED, ERROR FREE, TIMELY, FREE OF VIRUSES, CONTAMINATION, OR OTHER HARMFUL ELEMENTS, THAT DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE CERTAIN RESULTS. NEITHER FTSI NOR ANY OF ITS AFFILIATES, PARTNERS, OR EMPLOYEES, MAKES ANY REPRESENTATION, EXPRESS OR IMPLIED, WITH RESPECT TO THE TIMELINESS, ACCURACY, OR COMPLETENESS OF ANY OF THE CONTENT ON THIS SITE, AND EXPRESSLY DISCLAIMS ANY LIABILITY OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. FTSI EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ACTION OR FAILURE TO TAKE ACTION, IN RELIANCE ON ANY OF THE CONTENT ON THIS SITE. FTSI DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY FTSI SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH ANY OF THE CONTENT IS TO REFRAIN FROM USING THIS SITE.
The above disclaimer applies to any damages, liability, or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence, or any other cause of action.
FTSI reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend, or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
USE OF SITE
Your use of this Site must always comply with applicable law. In particular, but without limitation, you agree not to use or access this Site to:
- Impersonate, falsely state, or otherwise misrepresent your affiliation with any person or entity;
- Copy, reproduce, republish, upload, post, publicly display, encode, translate, transmit, modify, or otherwise distribute any content that is unlawful, threatening, abusive, harmful, defamatory, vulgar, obscene, libelous, hateful, invasive of another's privacy, or racially, ethnically, or otherwise objectionable;
- Copy, reproduce, republish, upload, post, publicly display, encode, translate, transmit, modify, or otherwise distribute any material that contains software viruses or any computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, network, hardware, or telecommunications equipment;
- Use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site;
- Gain or attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any FTSI server, or to any of the services offered on or through the Site, by hacking, password “mining”, or any other illegitimate means;
- Probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site;
- Reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site, or any FTSI customer, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided by the Site;
- Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or FTSI’s systems or networks, or any systems or networks connected to the Site or to FTSI;
- Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site; or
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to FTSI on or through the Site or any service offered on or through the Site.
You acknowledge and agree that FTSI may, in its sole discretion and without recourse or prior notice, terminate your access to the Site and/or block your future access to the Site if FTSI determines that you have violated these Terms or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms will constitute an unlawful and unfair business practice and will cause irreparable harm to FTSI, for which monetary damages would be inadequate, and you consent to FTSI obtaining any injunctive or equitable relief that FTSI deems necessary or appropriate in such circumstances. You acknowledge and agree that such remedies are in addition to any other remedies FTSI may have at law or in equity.
You acknowledge and agree that FTSI may, in its sole discretion and without recourse or prior notice, terminate your access to the Site, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) discontinuance or material modification of the Site or any service offered on or through the Site; and (3) unexpected technical issues or problems.
If FTSI does take any legal action against you as a result of your violation of these Terms, FTSI will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to FTSI. You agree that FTSI will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms.
USE BY JOURNALISTS AND NEWS AGENCIES
Journalists and news agencies may make fair use of FTSI’s trademarks (including its logos) and approved photographs and graphics (which are located at http://www.ftsi.com/news/Pages/media-relations.aspx), solely for the purpose of identifying FTSI and its affiliates in connection with legitimate news reporting in traditional print media, on television, and on the Internet. Such use: (i) shall not infringe, dilute, or otherwise damage the intellectual property rights of FTSI, its affiliates, or any third party; (ii) does not suggest, confer, or otherwise transfer any licensing rights, any intellectual property rights, or any other rights whatsoever to any of FTSI’s intellectual property; and (iii) does not serve to waive any of FTSI’s federal, state, or common law rights, claims, or actions therein.
FTSI has the right to use, without any payment or accounting to you or others, any concepts, ideas, plans, creative materials, or other information which you (and those on your behalf) transmit to or through this Site, unless otherwise agreed in writing by FTSI.
FTSI recognizes and respects the privacy of our customers and Site visitors. We do not collect personal information about visitors to this Site unless it is provided voluntarily. If you send email inquiries to FTSI, your personal information, including your email address, will be used only for the purpose of responding to your inquiry and will not be shared with third parties. Such information may be retained for the purpose of tracking the types of questions received by FTSI.
You acknowledge and agree that FTSI may disclose any information it has about you (including your identity) if FTSI determines that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact, or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) FTSI’s rights or property, or the rights or property of visitors to or users of the Site, including FTSI’s customers. FTSI reserves the right at all times to disclose any information that FTSI deems necessary to comply with any applicable law, regulation, legal process, or governmental request. FTSI also may disclose your information when FTSI determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that FTSI may preserve any transmittal or communication by you with FTSI through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or FTSI determines that such preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce these Terms; (3) respond to claims that any such data violates the rights of others; or (4) protect the rights, property, or personal safety of FTSI, its employees, users of or visitors to the Site, and the public.
This Site is not directed at children under the age of 13 and does not knowingly collect personal information from children under the age of 13. If FTSI obtains actual knowledge that it has obtained personal information about a child under the age of 13, that information will be immediately and permanently deleted from FTSI’s records.
LINKS TO OTHER WEBSITES
This Site may include links to other Internet websites that are beyond the control of FTSI. FTSI is not responsible for the content of any such sites, makes no representations regarding such sites, cannot guarantee their practices regarding data privacy, and does not necessarily endorse or approve of the information, material, products, and services offered by such sites. You acknowledge and agree that your linking to other sites, your use of such sites, and your use of any information, material, products, and services offered by such sites are solely at your own risk.
LIMITATION OF LIABILITY AND INDEMNIFICATION
IN NO EVENT SHALL FTSI BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF FTSI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS FTSI, ITS OWNERS, PARTNERS, AFFILIATES, AGENTS, AND EMPLOYEES AND THEIR RESPECTIVE OWNERS, SHAREHOLDERS, UNITHOLDERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, COSTS, AND EXPENSES, INCLUDING WITHOUT LIMITATION CLAIMS BASED UPON THE NEGLIGENCE OF FTSI, ITS OWNERS, PARTNERS, AFFILIATES, AGENTS, AND EMPLOYEES, AND THEIR RESPECTIVE OWNERS, SHAREHOLDERS, UNITHOLDERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, DUE TO, ARISING FROM, IN CONNECTION WITH, OR RELATED TO YOUR USE OF THIS SITE, THE MATERIAL THIS SITE CONTAINS, ANY SITES LINKED TO THIS SITE, AND YOUR VIOLATION OF ANY LAW, RULE, OR REGULATION.
SHOULD ANY OF THE ABOVE PROVISIONS BE HELD UNENFORCEABLE FOR ANY REASON, IN WHOLE OR IN PART, THE TERMS SHALL BE MODIFIED TO THE EXTENT REQUIRED BY LAW TO MAKE THEM ENFORCEABLE, OR, IF NECESSARY, THE TERMS SHALL BE DEEMED TO BE AMENDED TO DELETE THE UNENFORCEABLE PART OR PROVISION, AND THE REMAINDER SHALL HAVE THE SAME FORCE AND EFFECT AS IF SUCH PART OR PROVISION HAD NEVER BEEN INCLUDED HEREIN. ALL OTHER TERMS AND CONDITIONS WILL REMAIN IN EFFECT IN THE EVENT ANY PROVISION SHOULD BE FOUND UNENFORCEABLE.
COMPLIANCE WITH LAWS
This Site is operated from servers located in the State of Texas. You agree that your use of this Site will be in compliance with all relevant and applicable laws and regulations which shall include, but not be limited to, U.S. export control laws and executive orders. IT IS YOUR OBLIGATION TO VERIFY AND COMPLY WITH APPLICABLE LAWS AND REGULATIONS OF THE UNITED STATES AND OF THE STATE OF TEXAS CONCERNING YOUR USE OF THIS SITE. You shall be fully responsible and liable for any violations of this paragraph and all relevant and applicable laws and regulations referenced herein.
FTSI makes no representation regarding accessing the materials on this Site from jurisdictions where such content is illegal or prohibited. Users who choose to access this Site from other jurisdictions do so at their own risk and are responsible for compliance with local laws and regulations. FTSI may terminate your access to this Site at any time and for any or no reason.
APPLICABLE LAW AND VENUE
You acknowledge and agree that these Terms will be interpreted under the laws of the State of Texas, regardless of any conflicts of laws rules and regardless of the laws of any other jurisdiction which may be asserted. Any dispute or claim which you may have ("Claim") arising from your access or use of this Site shall first be submitted in writing to FTSI within 30 days from the occurrence of the event upon which the Claim is alleged to be based, or such Claim shall be deemed waived. In the event such Claim has been timely submitted to FTSI and has not been resolved within a reasonable time, any litigation arising between the parties shall be brought exclusively in the state district court of Tarrant County, Texas, or the United States District Court for the Northern District of Texas, Fort Worth Division (provided the amount in controversy exceeds the minimum jurisdictional limit required to file in federal court) and by using this Site you hereby submit to personal jurisdiction therein; provided, however, that the foregoing shall not be construed to limit FTSI’s right to enforce a judgment or order from either of these courts in another jurisdiction. You hereby irrevocably and unconditionally waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, any objection to venue with respect to any action or proceeding in any such court, and any right of jurisdiction on account of the place of residence or domicile of any party thereto.
If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms shall remain in full force and effect. These Terms constitute the entire agreement between you and FTSI with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and FTSI with respect to such use are hereby superseded and cancelled. FTSI’s failure to insist on or enforce strict performance of these Terms shall not be construed as a waiver by FTSI of any provision or any right it has to enforce these Terms, nor shall any course of conduct between FTSI and you or any other party be deemed to modify any provision of these Terms. These Terms shall not be interpreted or construed to confer any rights or remedies on any third parties.
HOW TO CONTACT US
If you have any questions or concerns about this Site or its implementation, you may contact us at:
FTS International Services, LLC
Attention: Information Technology Department – Web Hosting
777 Main Street, Suite 2800
Fort Worth, Texas 76102