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1. Acceptance of Terms of Use; Revisions
These FS CHALLENGE Web Site Terms of Use ("Terms of Use") shall apply to all persons who use or visit a
FS CHALLENGE web site ("Site"). By using or visiting this Site, you acknowledge that you have read, understood,
and agree to be legally bound by these Terms of Use both now and in the future. These Terms of Use constitute a
legally binding agreement between you and FS CHALLENGE. If you are not willing to be bound by these Terms of Use,
do not use this Site. FS CHALLENGE reserves the right to change or revise the Terms of Use at any time in its sole
discretion. You will be bound by any such revisions so you should visit this page periodically to become familiar with
any such revisions.
2. Rights to Materials Appearing on the Site; Limited License to Use
a. All materials appearing on this Site are protected by law, including, but not limited to, United States Copyright
Law and international treaties. All material appearing on this Site is copyrighted by FS CHALLENGE or the original
creator of the material. All brand names, service marks and trademarks are property of their owners. FS CHALLENGE or
the original creators reserve all rights to the materials. Except as may be specifically stated otherwise in other
materials on this Site or in the limited license set out in paragraph 2 b, below, you may not copy, reproduce, distribute,
display, download, republish, post or transmit any materials in any form or by any means, including, but not limited to,
electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of FS CHALLENGE or the
owner of the copyright. In addition, you may not create any derivative works of any materials without FS CHALLENGE's prior
written consent. Also, you may not "mirror" any material appearing on this Site on any other server, without FS CHALLENGE's
written permission.
b. FS CHALLENGE grants you the limited license to view, copy, print and distribute the materials on this Site for personal,
non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary
notices contained in the materials. FS CHALLENGE grants you a limited license to use the materials on this site to operate
FS CHALLENGE products, however you may not transfer the materials to third parties without FS CHALLENGE's prior written
consent. This license will terminate automatically if you breach any of these terms or conditions. Upon termination, you
must immediately destroy any downloaded and printed materials. Unauthorized use of any material appearing on this Site may
violate intellectual property rights or other rights of FS CHALLENGE or others. Some materials may contain other proprietary
notices and copyright information which applies to those materials.
c. Except as explicitly stated above, nothing on the Site shall be construed as conferring, by implication, estoppel or
otherwise, any right or license under any patent, trademark, copyright, moral right or any other intellectual property
right of FS CHALLENGE or any third party.
d. U.S. Government Restricted Rights. The materials appearing on this Site are provided with "RESTRICTED RIGHTS." Use,
duplication, or disclosure by the U. S. Government is subject to any restrictions set forth in DFARS 252.227-7013,
FAR 52.227-14 and FAR 52.227-19 (or the successors thereto) and any other applicable laws and regulations. By using
any of the materials the U. S. Government acknowledges FS CHALLENGE's rights in them.
3. Compliance with Laws
In using or accessing this Site, you agree to comply with all applicable federal, state and local laws and regulations.
Materials appearing on this Site are subject to the export control laws and regulations of the United States and may also
be subject to the laws of the country in which you reside. FS CHALLENGE specifically prohibits access to the materials on
this Site from locations where it is illegal to obtain such access. Anyone who accesses this Site from locations outside
the United States does so on their own initiative and is responsible for compliance with applicable local laws.
This Site is controlled and operated by FS CHALLENGE from its offices within the United States.
4. Content Notice; Disclaimer of Warranties
The materials on this site are provided "AS IS" and without warranty of any kind whatsoever, whether express,
implied or statutory (including, but not limited to, any implied warranties of merchantability, fitness for a
particular purpose or noninfringement as well as any which arise from a course of dealing, course of performance,
usage or trade practice). FS CHALLENGE specifically disclaims all such warranties to the fullest extent permitted by
law. FS CHALLENGE does not warrant or represent that the materials on this site are accurate or reliable or that the
materials are free from errors or viruses. FS CHALLENGE assumes no responsibility for and disclaims all liability for
any errors or omissions in the materials appearing on the site or in materials which are referred to within the site
or other web sites which are linked to this site (including any results arising from the use of this site). FS CHALLENGE
shall have the right to change this site or any products or services referred to in it at any time without notice.
5. Disclaimer and Limitation of Liability
In no event shall FS CHALLENGE be liable for any direct, indirect, special, consequential or incidental damages of any
kind, including but not limited to, loss of data or profit, loss of business opportunity or loss of potential savings,
arising out of the use, the inability to use, or reliance upon any materials appearing on this Site. This limitation of
liability shall apply even if FS CHALLENGE or any of its employees, officers, directors or agents has been advised of the
possibility of such damages and even if any remedy available to you fails of its essential purpose. This limitation of
liability applies regardless of whether the action is based on contract or tort (including negligence and strict
liability). Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above
limitation on such damages may not apply to you. This Site may refer to certain non-FS CHALLENGE products or services.
Any such references are for information purposes only and do not constitute an endorsement or recommendation of such
products or services.
6. Trademarks
The trademarks, service marks, and logos (the "Trademarks") used and displayed on this Site are the registered and
unregistered Trademarks of FS CHALLENGE or third parties. Nothing on this Site should be construed as granting, by
implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site, without the
written permission of FS CHALLENGE or the Trademark owner.
7. User Feedback
Any feedback, idea or other information ("Information") that you provide or transmit to or post on this Site by any means
will be considered as non-confidential and non-proprietary. FS CHALLENGE will have no obligation to protect any such
Information, and FS CHALLENGE may use it or disseminate it for any purpose whatsoever, including, but not limited to,
the development, manufacture and marketing of products or services.
8. Prohibited Uses
You are prohibited from transmitting, uploading, or posting to or from this Site any information or material that is
profane, obscene, pornographic, threatening, abusive, libelous, defamatory, or otherwise illegal or any other material
that may cause any civil liability. You are also prohibited from transmitting, uploading or posting any material that
contains any virus or similar device.
9. Links to Other Web Sites
This Site may contain links to web sites controlled or maintained by other persons or companies. FS CHALLENGE provides
these links solely for your convenience and FS CHALLENGE does not endorse the linked sites in any manner. FS CHALLENGE
will not be liable or responsible for the accuracy or reliability of any information appearing on those web sites.
10. Availability of Products and Services
This Site may contain information regarding products or services which are not available in your country. Your local FS
CHALLENGE sales representative can provide you with information regarding which products and services are available in
your country.
11. Confidential Information and Privacy
Notwithstanding the foregoing, all personal data you provide to FS CHALLENGE through this Site will be handled in
accordance with FS CHALLENGE's Online Privacy Policy.
12. Use of Secure Areas of the Site
Certain portions of the Site may be accessible only through the use of passwords or other security devices. Only
authorized users may access or use such portions of the Site. Use of such portions of the Site by unauthorized persons
or unauthorized use by authorized users shall constitute a material violation of these Terms & Conditions and may
constitute a crime.
13. Remedies
If you violate these Terms of Use, FS CHALLENGE shall have the right to seek all legal and equitable remedies available
to it.
14. Applicable Law
This Site is maintained by FS CHALLENGE from its offices in Saint Louis, Missouri U.S.A. Any claim relating to, and the
use of, this Site and the materials contained herein shall be governed by the laws of the state of Missouri, USA.
15. Complete Agreement
These Terms of Use and the terms of any documents linked to herein constitute the entire agreement between the parties
and supersede all prior discussions, statements, agreements, negotiations or otherwise regarding the subject matters
addressed herein.
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