A SPECIAL NOTE ABOUT CHILDREN: Our Website is not designed or intended for use by children under the age of 13, and our Services may not be purchased by children under the age of 13. If you are under 18, you should use the Website only with consent of a parent or guardian.
1. Your FMTC Account.
If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us and your payment information. You may not use false or misleading information in connection to your account, or trade on the name or reputation of others, and FMTC may change or remove any information that it considers inappropriate or unlawful, or otherwise likely to expose FMTC to claims of third parties. You agree that we may take steps to verify the accuracy of information you have provided to us.
You are responsible for taking reasonable steps to maintain the confidentiality of your username and password. You must immediately notify FMTC of any unauthorized uses of your information, your account or any other security breaches. FMTC WILL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS BY YOU, INCLUDING ANY DAMAGES OF ANY KIND INCURRED AS A RESULT OF SUCH ACTS OR OMISSIONS.
2. Responsibility of users of the Website and Services.
Your access to, and all of your use of the Website and Services must be lawful and must be in compliance with these Terms, and any other agreements between you and FMTC. When accessing or using the Website and/or the Services, you must behave in a lawful, civil and respectful manner at all times. We specifically prohibit any use of the Website and/or Services, and you agree not to use the Website, for any of the following:
You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. FMTC shall take reasonable precautions to prevent the transmission of harmful content from its technology systems to your technology systems.
FMTC DISCLAIMS ANY LIABILITY FOR ANY HARM OR DAMAGES RESULTING FROM YOUR ACCESS OR USE OF THE WEBSITE OR SERVICES.
FMTC has the right (though not the obligation) to terminate or deny access to and use of the Website and/or Services, to any person for any reason, in FMTC’s sole discretion.
3. Limitation of warranties of FMTC, its suppliers and its licensors.
USABILLA, AND ITS LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE SERVICES AND THE WEBSITE, INCLUDING THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, INFORMATION AND MATERIALS. WE ALSO DO NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE SERVICES AND THE WEBSITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR WEBSITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF THE SERVICES, OR YOUR ACCESS TO, USE OF, OR BROWSING OF THE WEBSITE. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
WITHOUT LIMITING THE FOREGOING, THE SERVICES, AND ALL CONTENT ON THE WEBSITE, ARE PROVIDED “AS IS,” WITH NO WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, SECURITY, ACCURACY, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
4. Limitation of Liability of FMTC.
UNDER NO CIRCUMSTANCES SHALL FMTC, ITS SUBSIDIARIES AND AFFILIATES, THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, AND OTHER REPRESENTATIVES, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM THE USE OF OUR SERVICES OR THE WEBSITE, EVEN IF FMTC IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL FMTC EXCEED THE TOTAL SUMS RECEIVED BY FMTC FOR THE SERVICES PROVIDED TO YOU DURING THE 12MONTH PERIOD IMMEDIATELY PRIOR TO THE DATE THE DAMAGES FIRST OCCURRED.
5. Your Representations and Warranties.
If you are located in the United States and use or access Services or Website from the United States, these Terms, the Services and any and all agreements between you and FMTC, shall be governed by and construed in accordance with the laws of the state of New York, without giving effect to the United Nations Convention on the Contracts for the International Sale of Goods. All disputes between you and FMTC shall be resolved under the International Arbitration Rules of the American Arbitration Association in front of a sole arbitrator. The place of arbitration shall be New York, New York. The language of the arbitration shall be English. Any award, verdict or settlement issued under such arbitration may be entered by any party for order of enforcement by any court of competent jurisdiction.
If you are located outside the United States and use or access our Services or Website from outside the United States, these Terms, the Services and any and all agreements between you and FMTC, shall be governed by and construed in accordance with the laws of the Netherlands, without giving effect to the United Nations Convention on the Contracts for the International Sale of Goods. All disputes between you and FMTC shall be exclusively resolved by the Dutch Courts in Amsterdam.
ANY CAUSE OF ACTION AGAINST FMTC, REGARDLESS WHETHER IN CONTRACT, TORT OR OTHERWISE, MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
If any part of these Terms is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.