FMS Partners, LLC is the owner of FMSPartners.com®, (the “Web Sites”). Visitors are invited to visit the Web Sites subject to these terms and conditions.
Scope of Use
You shall not sell, copy, distribute, license, transfer, publish, display, transmit, download, post, or in any way exploit the Content (collectively, the text, graphics, logos, software, photos, audio and visual files constitute the “Content”) in the Web Sites for a fee; provided, however, that a real estate commission shall not be considered a fee for the purposes hereof. Actions which violate the immediately preceding sentence are expressly prohibited by law, and may result in civil and/or criminal penalties. Violators will be prosecuted to the full extent of the law.
ALL INFORMATION ON THE WEB SITES IS PROVIDED TO USERS ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. USE OF THE WEB SITES AND THE CONTENT AVAILABLE ON THE WEB SITES IS AT THE SOLE RISK OF THE USER. FMS PARTNERS, LLC DOES NOT WARRANT THAT USE OF THE WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. USERS ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT THEY MAY OBTAIN FROM THE WEB SITES IS FREE OF VIRUSES OR ANY OTHER DESTRUCTIVE PROGRAMS OR CODE.
Limitation of Liability
FMS PARTNERS, LLC SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, EVEN IF FMS PARTNERS, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING LIABILITY IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEB SITES OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD,TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THE WEB SITES, SOFTWARE, OR RELATED INFORMATION, RECORDS OR PROGRAMS.
Modifications to Rules and Content
FMS Partners, LLC reserves the right to modify the rules and regulations governing the Web Sites at any time. Modifications will be posted on the Web Sites, and users are deemed to be apprised of and bound by any changes to these rules and regulations. In addition, FMS Partners, LLC reserves the right to make improvements and/or changes in the Content of the Web Sites at any time.
Violations of Rules and Regulations
FMS Partners, LLC reserves the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth in the Web Sites, including the right to block access from a particular Internet address to the Web Sites.
Linked Internet Sites
THE LINKS IN THE WEB SITES WILL LET THE USER LEAVE THE Web Sites. THE LINKED SITES ARE NOT UNDER THE CONTROL OF FMS PARTNERS, LLC AND FMS PARTNERS, LLC IS NOT RESPONSIBLE FOR THE CONTENT AVAILABLE ON ANY OTHER INTERNET SITES LINKED TO THE WEB SITE. FMS PARTNERS, LLC, INC IS PROVIDING THESE LINKS TO OTHER INTERNET SITES AS A CONVENIENCE TO USERS, AND ACCESS TO ANY OTHER INTERNET SITES LINKED TO THE WEB SITES IS AT THE USER’S OWN RISK. THE INCLUSION OF ANY LINK DOES NOT IMPLY A RECOMMENDATION OR ENDORSEMENT BY THE Web Sites OF THE LINKED SITE.
Arbitration and General Provisions
Any claims relating to the information available on the Web Sites (“Claims”) shall be governed by the laws of the State of Arizona U.S.A., excluding the application of its conflicts of law rules. Any claim or controversy arising out of or relating to these Terms and Conditions shall be settled exclusively by final and binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The Web Sites are operated by FMS Partners, LLC from its offices within the United States. FMS Partners, LLC makes no representation that the information in the Web Sites is appropriate or available for use in other locations, and access to the Web Sites from territories where the contents of the Web Sites may be illegal is prohibited. Those who choose to access the Web Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.