Effective as of: December 1, 2011
Date of Last Revision: December 1, 2011
a. sell, lease, transfer, lend, timeshare, syndicate or commercially use the Sites, Site Materials or the Services;
b. decompile, reverse engineer, disassemble or otherwise attempt to derive any source code from the Sites, the Site Materials or the Services;
c. distribute, publicly perform or publicly display the Sites, the Site Materials or the Services;
d. modify, adapt, translate, or create any derivative works of the Sites, the Site Materials, the Services or any portion thereof;
e. use any data mining, crawlers, spiders, robots or similar data gathering or extraction methods;
f. download, index or in any non-transitory manner store or cache any portion of the Sites, the Site Materials, the Services or any information contained therein, except as expressly permitted on the Sites;
g. remove, deface, obscure, or alter any copyright, trademark or other proprietary rights notices affixed to or provided in connection with the Sites, the Site Materials or any Services;
h. create or attempt to create a substitute or similar product or service through the use of or access to the Sites, the Site Materials, the Services or any proprietary information related thereto; or
i. use the Sites, the Site Materials or the Services other than for their intended purpose.
4. Copyright Complaints. If you believe that material on any of the Sites infringes upon any copyright which you own or control, send a notification of such claimed infringement to Fidelis's Designated Agent as set forth below:
Name of Agent Designated to Receive Notification of Claimed Infringement:
Director of Finance
116 New Montgomery Street
San Francisco, CA 94105
To be effective, a notification of claimed infringement must be a written communication provided to the Designated Agent and include substantially the following:
a. A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single Site are covered by a single notification, a representative list of such works at that Site.
c. 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 Fidelis to locate the material.
d. Information reasonably sufficient to permit Fidelis to contact the complaining party, such as a current, valid address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
e. 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.
f. 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 receipt of such notification, Fidelis or the Designated Agent will remove or disable access to such material and give notice of a claim of copyright infringement to the user or subscriber who authored the claimed infringing content by means of any one or more of the following methods at Fidelis's sole option: a general notice on the Sites, electronic mail to the content provider's email address in Fidelis's records, or by written communication sent by first-class mail to such user's postal address in Fidelis's records.
Counter Notification. A provider of content subject to a claim of infringement may make a counter notification. To file a counter notification with Fidelis, please provide the Designated Agent a written communication containing the following:
a. A physical or electronic signature.
b. 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.
c. A statement under penalty of perjury that you have 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.
d. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your postal address is located, and that you will accept service of process from the complaining party who submitted the infringement notification or his, her or its principal or agent.
Upon receipt of such counter notification, Fidelis will promptly provide the complaining party that provided the notice of claimed infringement with a copy of the counter notification, and inform the complaining party or entity that Fidelis will replace the removed material or cease disabling access to it in 10 business days. Fidelis will replace the removed material and cease disabling access to it between 10 and 14 business days following receipt of the counter notice, unless Fidelis's Designated Agent first receives notice from or on behalf of the copyright owner that such person or entity has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on Fidelis's Site(s).
5. Trademarks. All marks displayed on the Sites are trademarks of Fidelis or its suppliers or licensors, and may not be used, in whole or in part, without the express prior written permission of Fidelis or the applicable trademark holder. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Fidelis.
7. License. You are granted a limited, non-exclusive right to create a text hyperlink to publicly available Sites for noncommercial purposes, provided such link does not portray Fidelis or any Site or Service in a false, misleading, derogatory or otherwise defamatory manner or light, and provided further that the linking site does not contain any adult or illegal material or any material that is, in Fidelis's sole opinion, offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use any Fidelis mark to link to the Sites without the express prior written permission of Fidelis. Except as expressly stated above, you are not conveyed any right or license by implication, usage, custom, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Fidelis or any third party.
8. Third Party Content and Applications. The Sites may include third-party content and may provide links to web pages and content of third parties ("Third-Party Content"). In addition, the Sites may include certain applications, features, programs and services provided by third parties ("Third-Party Applications"). Fidelis does not monitor Third-Party Content or Third-Party Applications and makes no representations or warranties with respect thereto. Fidelis is not responsible or liable in any manner for any Third-Party Content or Third-Party Applications, or for any loss, liability, harm or damages of any sort incurred as the result of your use thereof or access thereto. The Third-Party Content and Third-Party Applications are provided "as is." Third-Party Content and/or Third-Party Applications may be subject to additional terms and conditions or agreements between you and the provider thereof, and you agree to fully comply with all such additional terms, conditions and agreements. You use such Third-Party Content and Third-Party Applications at your own risk.
9. Third-Party Products, Services, Advertisements and Promotions. Fidelis may provide information about or links to third-party products or services on the Sites or may display third-party advertisements or promotions on the Sites. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Fidelis is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such advertisers or third-party information on the Sites.
10. User Content and Conduct. The Sites or the Services may include public or restricted access discussion forums, or other interactive areas or services ("Interactive Areas") in which you or other users may create, post or store any content, messages, materials, data, information, text, music, sound, photos, video, graphics, code or other items or materials on the Sites ("User Content"). Interactive Areas are provided "as is". You are solely responsible for your use of such Interactive Areas and use them at your own risk. If you post User Content, you agree that your User Content will be accessible and viewed by others. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Sites any of the following:
a. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
b. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
c. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
d. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
e. Any unauthorized commercial use such as, but not limited to, engaging in unsolicited promotions, political campaigning, advertising, or solicitations, hyperlinking off of the Sites, or collecting names and emails addresses for the purpose of sending unsolicited emails;
f. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
g. Viruses, corrupted data or other harmful, disruptive or destructive files; and
h. User Content that, in the sole judgment of Fidelis, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Sites, or which may expose Fidelis or its users to any harm or liability of any type.
This list of prohibitions provides examples and is not complete or exclusive.
a. you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Sites and license such User Content to Fidelis and its affiliates as herein provided;
b. the User Content is accurate and not misleading; and
11. Representations; Registration Data; Account Security. In consideration of your use of any of the Sites, the Site Materials and the Services, you represent you are of legal age to form a binding contract. In consideration of your use of any of the Sites, the Site Materials and Services, you agree:
a. To provide accurate, current and complete information about yourself as may be prompted by any registration forms on the Sites ("Registration Data");
b. To maintain and be solely responsible for the security of your password and identification;
c. To maintain and promptly update the Registration Data, and any other information you provide to Fidelis, to keep it accurate, current and complete; and
d. To accept all risks of unauthorized access to the Registration Data and any other information you provide to Fidelis.
12. Submissions Relating to Site(s) or Services. You acknowledge and agree that, except for User Content submitted in an Interactive Area, any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials, images or other information regarding the Sites, the Site Materials, the Services or Fidelis provided by you on the Sites or other sites are non-confidential and shall be the sole property of Fidelis. Fidelis shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
14. Disclaimer. EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY FIDELIS, THE SITES, THE SITE MATERIALS CONTAINED THEREIN, THE SERVICES, AND ALL CONTENT MADE AVAILABLE ON, CONTAINED IN, OR ACCESSED THROUGH THE SITES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. FIDELIS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FIDELIS DOES NOT REPRESENT OR WARRANT THAT THE CONTENT AND MATERIALS ON THE SITES OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. FIDELIS DOES NOT REPRESENT OR WARRANT THAT THE SITES OR THEIR HOST SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Fidelis reserves the right to change or delete any and all Site Materials or User Content contained in the Sites and any Services offered through the Sites at any time without notice.
15. Limitation of Liability. IN NO EVENT SHALL FIDELIS, ITS OFFICERS, DIRECTORS, AFFILIATES, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITES, THE SITE MATERIALS, THE SERVICES, THE INTERACTIVE AREAS, OR THE USER CONTENT, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM FIDELIS, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO FIDELIS'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FIDELIS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITES, THE SITE MATERIALS, THE SERVICES, THE INTERACTIVE AREAS OR THE USER CONTENT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO FIDELIS FOR ACCESS TO OR USE OF THE SITES. IF YOU ARE A STUDENT, YOU ACKNOWLEDGE THAT NO PORTION OF YOUR TUITION SHALL BE CONSIDERED COMPENSATION PAID FOR ACCESS TO OR USE OF THOSE SITES ACCESSIBLE TO STUDENTS AS PART OF THEIR PROGRAM OR COURSE OF STUDY. HOWEVER, IF YOU PAY RESOURCE FEES OR ACCESS FEES TO FIDELIS, A PORTION OF SUCH FEES MAY BE CONSIDERED COMPENSATION FOR YOUR USE OF SUCH SITES.