Last edited 8/1/21
By accessing, browsing, submitting information to and/or using the Websites, you agree and acknowledge on your own behalf (referred to throughout the Terms as “you”) that you have read, understand and agree to be bound by these Terms and to comply with all applicable laws including, without limitation, all federal, state and local tax and tariff laws, regulations, and/or directives. If you do not agree to the Terms, please do not use the Websites.
Purpose of the Websites. The Websites are provided solely for informational purposes and the purposes of enabling communication between you and the Company. The information provided is intended to be general in nature and does not necessarily address all the terms, exclusions, and conditions applicable to our insurance products. Information provided regarding policy information should not be construed as confirmation of coverage under any policy.
Use of the Websites. The Company grants you a non-exclusive right to access and use the Websites and the data, material, content or information herein (collectively, the “Content”) solely for your personal use. Your right to access and use the Websites shall be limited to non-commercial purposes unless you are otherwise expressly authorized by the Company to use the Websites for commercial purposes. You agree to use the Website only for lawful purposes, comply with all rules governing any transactions on and through the Websites and comply with applicable laws.
User Account Responsibility. If you are given or create a password to access the Website, you are responsible for maintaining the confidentiality of your account and your password. You are responsible for all activities that occur under your account and you agree to notify the Company immediately of any unauthorized use of your account. The Company is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.
Prohibited Uses. You agree that you will not:
Use the Websites in any manner that could damage, disable, overburden, or impair the Websites or interfere with any other party’s use and enjoyment of them;
Attempt to gain unauthorized access to any Website account, computer systems or networks associated with the Company or the Websites;
Obtain or attempt to obtain any materials or information through the Websites by any means not intentionally made available or provided by the Company;
Use any robot, spider, or other automatic device, process or means to access the Websites for any purpose, including monitoring or copying any of the material on the Websites;
Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
Attack the Websites via a denial-of-service attack or a distributed denial-of-service attack; or
Impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
Not all mobile devices or handsets may be supported by this service. The Company and any mobile carriers are not liable for delayed or undelivered messages. Message and data rates may apply to any text messages. Message frequency depends on the nature of your request. You hereby agree to be responsible for all costs, charges and fees you incur from your service or device provider as a result of choosing to receive such messages from the Company.
Third Party Applications. You acknowledge that your access and use of any third party applications or software on our Websites and Content (the “Third Party Applications”) is at your discretion and risk, and the Company has no liability to you arising from your use of the Third Party Applications. The Company hereby disclaims any representation, warranty, or guaranty regarding the Third Party Applications, whether expressed, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty, or guaranty regarding the availability, quality, reliability, features, appropriateness, accuracy, completeness, or legality of the Third Party Applications, and you agree to indemnify and hold the Company harmless for any direct, indirect, punitive, incidental, special, or consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, arising out of or in any way connected with the use or performance of the Third Party Applications.
Intellectual Property Notices. The Websites and Content are protected by copyrights, trademarks, or are subject to other proprietary rights. Accordingly, you are not permitted to use the Websites or Content in any manner, except as expressly permitted by the Company in these Terms. The Websites or Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivatives with the express written consent of the Company or applicable owner.
You acknowledge and agree that you are solely responsible for complying with the applicable restrictions on use of any and all Content, copyrighted materials and trademarks that you see, hear, and use on the Websites. You understand that any unauthorized use of such intellectual property would result in irreparable injury for which money damages would be inadequate. You further acknowledge that, in the event of any such unauthorized use, the Company or the applicable intellectual property owner will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.
Questions regarding the use of any intellectual property provided on the Websites should be directed to dylan@FppFinancial.com
Digital Millennium Copyright Act Compliance.
Notification. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Services infringes your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to our copyright agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following
a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the service are covered by a single notification, a representative list of such works from the service;
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 Company to locate the material;
information reasonably sufficient to permit the Company 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;
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;
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. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Upon removing any allegedly infringing material, the Company will notify the alleged infringer 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.
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):
a physical or electronic signature;
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;
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;
adequate information by which we can contact you, including your name, address, and telephone number; and
a statement that the subscriber consents to the jurisdiction of a 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 the Company may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your counter notice. 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.
The Company’s designated copyright agent or authorized official to receive notifications and counter-notifications of claimed infringement is:
Dylan Foster, FPP Financial, LLC. 4637 W. Buckskin Trl. Phoenix, AZ. 85083
A summary of the DMCA can be obtained from the U.S. Copyright Office.
Screensavers/Wallpaper. We permit the downloading of screensavers and/or wallpaper for personal, private, non-commercial use only. The images are owned by us and they may not be modified or altered in any way. All downloads are available “as is”, with all faults. The Company does not warrant that the screensaver or wallpaper is free of defects and disclaims any and all liability for damage to any end user’s computer as a result of downloading screensavers or wallpaper.
United States Only. The Company is based in the state of Ohio in the United States. The Company provides these Websites for use only by persons located in the United States. We make no claims that the Websites or any of its contents are accessible or appropriate outside of the United States. Access to the Websites may not be legal by certain persons or in certain countries.
Disclaimer. All information or services provided by the company to you via the websites, including, without limitation, all content, are provided “as is” and “where is” and without any warranties of any kind. The company and its third party licensors expressly disclaim all warranties, whether express, implied or statutory, including, without limitation, the warranties of merchantability, fitness for a particular purpose, title and non-infringement. Notwithstanding any provision contained herein to the contrary, the company and its third party licensors make no representation, warranty or covenant concerning the accuracy, quality, suitability, completeness, sequence, timeliness, security or availability of the websites or any content posted on or otherwise accessible via the websites. You specifically acknowledge that the company and its third party licensors are not liable for the defamatory, obscene or unlawful conduct of other third parties or users of the websites and that the risk of injury from the foregoing rests entirely with you. Neither the company nor any of its third party licensors represent, warrant or covenant that the websites will be secure, uninterrupted or error-free. The company further makes no warranty that the websites will be free of viruses, worms or trojan horses or that it will function or operate in conjunction with any other product or software. You expressly agree that use of the websites is at your sole risk and that the company, its affiliates and their third party licensors shall not be responsible for any termination, interruption of services, delays, errors, failures of performance, defects, line failures, or omissions associated with the websites or your use thereof. Your sole remedy against the company for dissatisfaction with the websites or the content is to cease your use of the websites and/or the content.
Limitation of Liability. Under no circumstances shall the company or any of its third party licensors be liable to you or to any third party for any direct, indirect, incidental, consequential, punitive, special or exemplary damages (including, without limitation, loss of profits, loss of use, loss of data, loss of information or programs on your data handling system, transaction losses, opportunity costs, interruption of business or costs of procuring substitute goods) resulting from, arising out of or in any way relating to the websites, or the content, data, content or information accessed via the websites or any hyperlinked websites, or any disruption or delay in the performance of the websites, regardless of the form of the claim or action, whether based on contract, tort, strict liability, statute or otherwise, and regardless of whether or not such damages were foreseen, unforeseen or foreseeable, even if the company or its third party licensors have been advised of the possibility of such damages.
Indemnity. You agree to defend, indemnify and hold harmless the Company and its affiliates, licensors and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Websites, including, but not limited to, any use of the Websites’ Content, services, or products other than as expressly authorized in these Terms or your use of any information obtained from the Websites.
Termination and Restriction of Access. In its sole discretion, the Company may terminate or suspend your access to the Websites for breach of these Terms. The Company shall not be liable for any losses or damages arising from any such termination of service.
Arbitration. At its sole discretion, the Company may require you to submit any disputes arising from use of the Websites, or breach of these Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Ohio law. By using the Websites, you hereby consent to submission of any dispute to be final and binding arbitration.
Limitation on Time to File Claims. Any cause of action or claim you may have arising out of or relating to these Terms or the Websites must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
Governing Law & Jurisdiction. These Terms are governed by the laws of the State of Arizona, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in Maricopa Count, Arizona, U.S.A. in all disputes arising out of or relating to the use of the Websites.
General. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms or use of the Websites. You may not assign these Terms without the prior written consent of the Company in all instances. The Company may assign these Terms, in whole or in part, at any time. The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Websites or information provided to or gathered by the Company with respect to such use.
If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect.
Company Contact Information. Questions can be directed to the Company at: dylan@FppFinancial.com.