This Privacy Statement applies to Fiducial, Inc., and its subsidiaries, including Fiducial Business Centers, Inc., Fiducial Paymaster, Inc., the franchisees of Fiducial Franchises, Inc., Federated Funeral Directors of America, Fiducial Outsourcing Solutions, Jade Associates Inc., and Fiducial Technology, Inc. d/b/a “CloudXpress” (collectively referred to herein after as "Fiducial" or the "Fiducial System").
Your privacy is very important to us and, as a visitor to the www.fiducial.com, www.jade-associates.com, www.ffda.com, www.cloud-xpress.com, and www.fiducialoutsourcingsolutions.com (the “Fiducial sites”), we are committed to respecting and protecting your confidentiality and security. The following explains our online information practices and the choices you may make about the way your information is collected and used.
Effective Date: January 2, 2018.
This policy was last revised on: January 2, 2018.
The Types of Information We Collect
• Non-personally Identifying Information
If you visit the Fiducial sites, certain information will be collected and stored in order that we may continually assess and improve your customer on-line experience. We may collect the following non-personally identifying information from you: the domain name from which you access the Internet, the date and time you access the Fiducial site; the Internet address of the website from which you linked directly to the Fiducial site, the search engine and phrases that you may have used to access the Fiducial site and information related to the pages you may have visited and the length of time you spent on the Fiducial site.
We may use this information to help us make the Fiducial sites more useful to visitors and to enhance the content that visitors find most helpful to them. A visitor is not required to submit personally identifiable information in order to access any of the Fiducial sites. Personally identifiable information is not collected by a Fiducial site unless it is specifically and voluntarily provided by visitors.
• Personally Identifying Information
To provide customized offers and information that relate specifically to your interests or situation, you may need to volunteer certain contact information (such as name, address, phone number, or email address), or more detailed personal information such as your occupation or income level. If you choose to submit information on a Fiducial site, you agree that Fiducial may use such data in accordance with the terms of this privacy statement.
The Way We Use Information
The information you provide to Fiducial will be used to assess your service needs so that a more informed response will be available to you when we contact you as requested, and will not be shared with outside parties without your prior written consent.
Our Commitment to Security
While we cannot guarantee that the information you have provided cannot be seen by third parties, Fiducial maintains physical, electronic, and procedural safeguards that comply with federal regulations to guard its clients' nonpublic personal information.
How Does Fiducial Share the Information It Collects?
To further specify the information that we may disclose and to whom we may disclose, we have provided the following information:
Fiducial may share personal information with the Fiducial System; all members of the Fiducial System are required to use this information only in accordance with the terms of this privacy statement.
Fiducial may engage outside companies to perform various functions, such as assisting with promotions, providing technical services for the website, performing market analysis, and so forth. To perform these functions, the companies may need to have access to the personal data we gather. Fiducial requires each company to sign a confidentiality agreement providing that they may use the personal information only for the purpose of performing these functions and not for any other purpose.
Fiducial does not sell, transfer, or disclose personal information to third party service providers except for processing purposes or in connection with a third party service provider's hosting or maintaining the Fiducial sites.
Fiducial reserves the right to use or disclose any information as necessary to satisfy any law, regulation, or legal request, to cooperate in any law enforcement investigation or an investigation involving a matter of public safety, to preserve the integrity of the Fiducial sites, and to fulfill the request or respond to inquiries from the party providing the information.
Further, should Fiducial ever be involved in a transaction that involves the change of control of the company, such as a merger or acquisition of substantially all of the stock or assets, it is likely that the information that Fiducial has collected will be transferred as part of the transaction, but the acquiring party will continue to be bound by the terms of this privacy statement until further notice is given.
Does Fiducial Collect Information from Children?
Fiducial understands the importance of protecting children's privacy. The Fiducial sites are not designed for or intentionally targeted at children 13 years of age or younger. We assure you that we will not intentionally collect any personal information from children age 13 or younger without the permission or a parent or guardian. Parents are encouraged to monitor and supervise their children's online activities.
Cookies and Web Beacons
What About Links to Other Sites?
Fiducial sites may offer links to sites that Fiducial does not operate and over those whom Fiducial has no control. If you visit one of these linked sites, you should review their privacy and other policies. Fiducial is not responsible for the policies and practices of other companies or for any injury or damages to your computer as a result of your visiting any of these linked sites.
Choosing to Opt-Out
While Fiducial does not currently sell individual information to outside companies for use in marketing, we reserve the right to do so in the future. If you do not want your contact information passed on to other companies, simply send an email to webmaster with the phrase "Take my name off the third party mailing list" in the subject line.
Additionally, we may disclose nonpublic personal information to our affiliated companies to provide you with a broad range of services that may suit your needs. If you do not want your personal information passed on to our affiliated companies, simply send an email to webmaster with the phrase "Do not pass my nonpublic personal information to affiliated companies."
How to Contact Us
If you have any questions about this privacy statement, the businesses conducted by Fiducial on this site or your dealings with the website, you can contact us at webmaster.
Changes in Our Policy Fiducial may change this policy from time to time, so we suggest you review the policy periodically. The first section of our policy states the effective date, and anytime we update the policy, we will change the date accordingly.
Terms and conditions of useLast updated: January 2018
These Terms and Conditions (“Terms”) apply to www.Fiducial.com and any other Fiducial Website on or accessible via www.Fiducial.com (collectively, the “Websites”) that either link to these Terms or for which no separate Terms are provided.
Some of the Websites may have their own terms and conditions, and certain content on individual Websites may be subject to additional terms. By accessing any other Websites or content within the Websites, you agree to be bound by any additional terms that govern use of each such Website or such content. To the extent that there are no terms and conditions provided on a Website, these Terms apply.
Please read these Terms carefully as they contain important information regarding your legal rights, remedies and obligations with respect to your use of the Websites, including but not limited to various limitations and exclusions, and indemnities.
By accessing or using the Websites, and the services available via the Websites, you signify that you have read, understand and agree to be bound by these Terms in all respects with respect to the Websites. If you are not willing to be bound by each and every term or condition, or if any representation made herein by you is not true, you may not use, and must cease using, the Websites.
For clarity and comprehension, we have defined certain words used in the Terms and on the Websites. Additional definitions are included elsewhere in the Terms.
"Content" means all materials and content, including designs, editorial, text, graphics, audiovisual materials, multimedia elements, photographs, videos, music, sound recordings, reports, documents, software, information, formulae, patterns, data and any other work.
“Fiducial”, “we” or “us” refer to the Fiducial group of companies. “Fiducial”, “we” or “us”, as used in individual articles and thought leadership pieces available on the Websites may, depending on context, refer to the Fiducial international network as a collective or to individual businesses and offices.
“Fiducial Network” means Fiducial, S.C., Fiducial, Inc. and all of their affiliates, subsidiaries, franchisees and other related parties around the world.
“Fiducial Parties” refers collectively and inclusively to the individual divisions and entities of the Fiducial Network, including their respective officers, directors, partners, principals or equivalent; personnel; affiliates; business associates; licensors; and contractors and subcontractors.
“Registered User” means a user who has registered and created an Account with Fiducial to access enhanced features of a Website.
“User” means all users of a Website.
“you" means you as an individual user of a Website.
About the Websites
The Websites provide information about Fiducial, including thought leadership and the services and products we provide. References to “the site,” “the Website,” “the Websites”, and “www.Fiducial.com” include all software, content and features provided within the relevant Website(s).
The Websites offer a range of interactive features, such as access to premium and personalized content, user profiles, reading lists, commenting and other publicly accessible collaborative features. We may add other features from time to time. Certain features are available only to Registered Users. For more information about registration, please see the Registration section of these Terms.Informational purposes only
The Websites and content available within them is for informational purposes only. Neither the Websites nor the content available within constitutes professional advice, and neither should be relied upon by you or any third party, including to operate or promote your business, secure financing or capital in any form, obtain any regulatory or governmental approvals, or otherwise be used in connection with procuring services or other benefits from any entity. Before making any decision or taking any action, you should consult with professional advisers.
Changes to and availability of the Websites
The Websites are made available on an “as is” basis with no representation or warranty with respect to their functionality or availability and with no guarantee that they are complete, accurate, or timely nor any guarantee regarding any results you or others may obtain from their use. Access to all or parts of any of the Websites may be suspended at any time without notice.
Submissions, including Comments and Feedback
The Websites may contain functionality that permits you to comment on articles; share materials; provide ideas, proposals, suggestions (“Feedback”); or otherwise make available certain materials through or in connection with your use of the Websites (collectively, “Submissions”).
Whether related to the Websites or otherwise, you acknowledge and agree that your Submissions are not confidential; that your provision of Submissions is gratuitous, unsolicited and without restriction; and that the provision of any Submission does not place Fiducial under any fiduciary or other legal obligation.
We may (but have no obligation to) monitor, evaluate, alter or remove Submissions before or after they appear on the site; however, we have no control over and are not responsible for any use or misuse (including any distribution) by any third party of Submissions.
If you choose to make publicly available any of your personally identifiable or other information through the Websites (for example through posting a comment or other form of Submission), you do so at your own risk and you agree that such Submissions by you will comply with all relevant requirements set out in these Terms.
We may monitor use of the Websites from time to time but have no obligation to do so. If and when we do monitor your use of one or more of the Websites, we will do so in accordance with applicable law.
You will use the Websites only for lawful purposes. If at any time you become aware of any violation, by any person or entity, of any part of these Terms, you will immediately notify us by contacting us here and provide us with assistance, as requested, to stop or remedy such violation.Prohibited conduct
In using the Websites, you must not do any of the following:
• Post, transmit or otherwise make available through the Websites any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libellous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) a virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”).
• Post, transmit, or otherwise make available through the Websites any material protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
• Use the Websites for any commercial purpose or otherwise use the Websites for processing data or other information on behalf of any third party.
• Use the Websites for any purpose that is fraudulent or otherwise tortious or unlawful.
• Interfere with or disrupt the operation of the Websites or the servers or networks used to make the Websites available, including by hacking or defacing any portion of any of the Websites; or violate any requirement, procedure or policy of such servers or networks.
• Restrict or inhibit any other person from using the Websites.
• Create or share content without first obtaining any necessary permissions from third parties or otherwise use the Websites to post or transmit any information that you do not have the right to provide; that would violate any applicable law or regulation; or that would violate, infringe or misappropriate any third party right or interest.
• Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Websites except as expressly authorized herein, without Fiducial’s express prior written consent.
• Reverse engineer, decompile or disassemble any portion of any of the Websites, except where such restriction is expressly prohibited by applicable law.
• Remove or alter any copyright, trademark or other proprietary rights notice on the Websites or content you access via the Websites.
• Frame or mirror any portion of the Websites, or otherwise incorporate any portion of the Websites into any product or service, without Fiducial’s express prior written consent.
• Systematically download and store Websites’ content.
• Use any robot, spider, Websites search/retrieval application or other manual or automatic device to (a) retrieve, index, “scrape,” “data mine” or otherwise gather content from the Websites, (b) reproduce or circumvent the navigational structure or presentation of the Websites, or (c) Harvest or collect information about users of the Websites without Fiducial’s express prior written consent.
If you do not comply with these Terms (or if we have reasonable grounds to suspect or are investigating suspected non-compliance), we may suspend your access to the Websites or take any other steps we consider appropriate. Requirements to Use the Websites
If you are an individual, you represent and warrant that you have reached the age of majority in the jurisdiction in which you reside, and that you are in any event at least 18 years old.
If you are using the Websites on behalf of a corporation or other organization, you represent and warrant that you have the ability to agree to these Terms on behalf of such organization and all references to "you" throughout these Terms will include such organization, jointly and severally with you personally.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. If any applicable law, rule or regulation prohibits you to access the Websites, you may not access them. If you nevertheless access or use the Websites, you will still be bound to these Terms and shall have all the obligations, responsibilities and liabilities as if you were eligible to do so.
Certain features of the Websites are available only to registered users such as Fiducial eSolutions and Fiducial Connect. Current examples include access to premium content, reading lists, and any on-site commenting or collaboration activities. Additional features may be made available to registered users over time.
How to register
To register, you will need to provide certain information about yourself and create a username and password, or have that registration created for you by Fiducial. This combination of information (“Account”) will be your Account as a Registered User.
Registrations may be accepted, rejected or cancelled by us at any time and for any reason. If your registration is cancelled, you will continue to have access to the Websites; however, you will no longer have access to features available only to Registered Users.
Responsibilities of Registered Users
If you choose to register with us and become a Registered User, you agree you are solely responsible for your Account and any and all activities that occur under your Account, including all activities of any persons who gain access to your Account with or without your permission, and you agree to:
• provide true, current, accurate and complete information about yourself as requested by us from time to time and notify us promptly of any changes to your information so that your Account information is current, complete and accurate;
• maintain the confidentiality and security of your Account, including your username and password;
• notify us immediately of any unauthorized use of your Account, Account password, or service provided through your Account, as well as any breach of security with respect to your Account, Account password, or service provided through it; and
• assist us, if and as we request, to stop or remedy any breach of security related to your Account.
Privacy of Registered Users
Our Privacy Statement explains how we protect and use your information; the Registered User section of the Privacy Statement explains additional information we collect and additional uses of information about Registered Users.
We may, in our sole discretion, suspend, restrict or terminate your use of the Websites (including your Account, if you are a Registered User), effective at any time, without notice to you, for any reason, including because the operation or efficiency of the Websites or our or any third party's equipment or network is impaired by your use of the Websites; we have received a third party complaint which relates to your use or misuse of the Websites; or you have been or are in breach of any term or condition of these Terms. We will have no responsibility to notify any third party, including any third party providers of services, merchandise or information, of any suspension, restriction or termination of your access to the Websites.
Except where expressly stated otherwise, all right, title, and interest in and to the Websites and all Content, source code, processes, designs, technologies, URLs, domain names, marks, and logos forming any part of the Websites (collectively, "Our Content") are (a) fully vested in us, our licensors, or our suppliers and (b) protected by applicable copyrights, trademarks, patents, trade secrets, or other proprietary rights and laws.
You agree that Our Content is licensed subject to these Terms, including the disclaimers and limitations of liability herein. Nothing in your use of the Websites or these Terms grants you any right, title or interest in or to Our Content except the limited right to use the Websites as set out in these Terms.
Unless otherwise expressly authorized by us in writing, you agree not to
• copy, modify, deep link, rent, lease, loan, sell, assign, sublicense, grant a security interest in or otherwise transfer any right or interest in Our Content;
• remove any proprietary notices or labels on or in Our Content; or
• allow any other person or entity to engage in any of the foregoing.
You represent and warrant that you have all rights necessary to grant the licenses referred to in these Terms. You further represent and warrant that your Submissions are (a) complete and accurate and (b) are not fraudulent, tortious, or otherwise in violation of any applicable law or any right of any third party. You irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.
We do not claim ownership of your Submissions; however, you agree that by posting, uploading, inputting, providing, submitting, entering, or otherwise transmitting your Submissions to us or any third party using the Websites:
• You have thereby granted us a royalty-free, non-exclusive, worldwide, fully paid-up, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform, and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze, exploit and practice any comment or submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials);
• You will have thereby confirmed, represented and warranted to us that you have all rights, titles and interests, as well as the power and authority necessary, to grant the license to your Submissions set out above;
• You will indemnify and save us harmless from and against any liabilities, actions, proceedings, claims, causes of action, demands, debts, losses, damages, charges and costs, including reasonable legal costs, any amount paid to settle any action or to satisfy a judgment and expenses of any kind and character whatsoever incurred by us relating to or arising from your Submissions, including instances where any of your Submissions (a) infringes any Third Party Content or other third-party intellectual property rights, or (b) is inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful; and
• You acknowledge and agree that the technical processing and transmission of the Websites, including your Submissions, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices, and that your Submissions may be subject to "caching" or other technical processing or transmission policies and procedures by us or at intermediate locations on the Internet.
Compliance and Complaints
We do not have any obligation to censor or review any of your Submissions, to censor or review any Third-Party Content, or to monitor use of the Websites. However, you agree that we may, without notice or liability, disclose to third parties any of your information or your Submissions; monitor use of the Websites; and monitor, review, and retain your Submissions if we believe in good faith that such activity is reasonably necessary to provide the Websites to customers, ensure adherence to or enforce the terms of these Terms, comply with any laws or regulations, respond to any allegation of illegal conduct or claimed violation of third party rights, or protect us or others.
If we receive a complaint relating to your use of the Websites, you acknowledge and agree that we may, in our sole and absolute discretion and without notice or liability, investigate the complaint, restrict, suspend or terminate any service involved, and/or remove your Submissions from our servers. Third-Party Content
The Websites may contain links to websites and other materials made available by third parties (collectively, "Third Party Content"). If you use such functionality, you are directing us to access, route and transmit to you the applicable Third Party Content.
Third Party Content may be protected by applicable copyrights, trademarks, patents, trade secrets or other proprietary rights and laws. Nothing in your use of the Websites or these Terms grants you any right, title or interest in or to this Third Party Content except for the limited right to use the Websites as set out in these Terms.
We neither control nor endorse, nor are responsible for, any Third Party Content and we make no representations or warranties with respect to them. The availability of any Third Party Content through the Websites does not imply the endorsement of, or affiliation with, any provider of such Websites or materials. Your use of any Third Party Content is at your own risk and is subject to any terms, conditions and policies applicable to them (such as terms of service or privacy policies of the providers of the Third Party Content).
Trade and Service marks
You may not use the “Fiducial,” “Jade,” “Federated,” or “Fiducial Outsourcing Solutions” trade names, trademarks, service marks, logos or designs, or any other mark held by Fiducial, in connection with any product or service that is not of any Fiducial division nor in any manner that is likely to cause confusion. Nothing contained on the Websites should be construed as granting any right to use any trade names, trademarks, service marks, logos or designs without the express prior written consent of the owner.
The Websites may include open source components, which are licensed for use and distribution by us under applicable open source licenses. Use of these open source components is governed by and subject to the terms and conditions of the applicable open source license.
U.S. Copyright Infringement Claims
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Websites infringe your copyright, you (or your agent) may send to Fiducial a written notice by mail or e-mail, requesting that Fiducial remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Fiducial a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to Fiducial’s DMCA agent as follows: By mail to Fiducial Inc., 10100 Old Columbia Rd, Columbia, MD 21046; by e-mail to moc.laicudiF%40ecnailpmoC; or by fax to the fax number that we will provide to you if you request such fax number by contacting Fiducial’s DMCA agent by mail, e-mail or telephone at the addresses or phone number provided in this Section. Fiducial’s DMCA agent’s phone number is (410) 290-8296. We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.
Liability and Warranties
FIDUCIAL MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SITE, WHICH IS PROVIDED “AS IS”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE ALL IMPLIED WARRANTIES REGARDING THE SITE, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Limitation of Liability
The Websites are provided for information purposes only and, to the maximum extent permitted by applicable law, we and our associated persons exclude all liability for any loss or damage of whatever kind and however arising in connection with your use of, or inability to use, the Websites and any materials you obtain via the Websites.
You acknowledge and accept that use of the Websites is subject to the risks inherent in any connection and transmission on the internet, in particular in relation to security risks and vulnerabilities, technical performance and risk of interruption. Accordingly, neither Fiducial nor any Fiducial Parties are liable to you in any circumstances for any losses or damages caused by disruption or failure of internet networks or for any interruptions to or restrictions on the accessibility of the Websites arising for any reason, including, but not limited to, by reason of a virus, security related vulnerability, or technical or operational failure of any nature.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FIDUCIAL DISCLAIMS ALL LIABILITY AND SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS OR REVENUES, GOODWILL, WORK STOPPAGE, SECURITY BREACHES, VIRUSES, COMPUTER FAILURE OR MALFUNCTION, USE, DATA OR OTHER INTANGIBLE LOSSES OR COMMERCIAL DAMAGES, EVEN IF ANY OF SUCH PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH LOSSES, ARISING UNDER OR IN CONNECTION WITH THESE TERMS, THE SITE, THE USE OF OR INABILITY TO USE THE SAME, OR ANY OTHER SUBJECT MATTER HEREOF.
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FIDUCIAL SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PERSON FOR ANY ERRORS OR OMISSIONS IN THE WEBSITES; ANY INFORMATION MADE AVAILABLE THROUGH THEM; ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON THE WEBSITES OR THE INFORMATION MADE AVAILABLE THROUGH THEM; OR FOR ANY LOSS OR DAMAGES - INCLUDING CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES - THAT ARISE OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITES OR ANY INFORMATION OR MATERIALS OBTAINED BY YOU VIA OR IN CONNECTION WITH THE WEBSITES.
To the maximum extent permitted by applicable law, you agree to defend (at the indemnified party’s option), indemnify, and hold Fiducial and its insurers harmless from and against any and all losses, damages, liabilities, costs (including reasonable attorneys’ fees) and expenses in connection with any claim arising out of or in connection with any content or information posted or transmitted by you using the Websites or otherwise arising out of your use of the Websites or use of the Websites by any third party who is given or gains access to the Websites due to your action or inaction. Fiducial has the right at any time to forego the indemnification and assume the defense of any claim. Notwithstanding the foregoing, it is not the intent of Fiducial to affect the rights of Fiducial or its insurers to assume the defense or settlement of any claim against Fiducial for which insurance coverage is sought under any applicable insurance policy.
Disclaimers and Assumptions of Risk
FIDUCIAL DISCLAIMS ALL LIABILITY AND RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT CONTAINED ON THIS SITE.
The Websites and all information provided to you via the Websites is provided “as is” and “as available.” To the maximum extent permitted by applicable law, Fiducial disclaims all express, implied, and statutory warranties with respect to the same, including without limitation all express, implied, and statutory warranties with respect to the same, including without limitation any implied warranties of merchantability, fitness for a particular purpose, accuracy, completeness, non-infringement, non-interference, error-free service, and uninterrupted service. Fiducial does not represent or warrant that the Websites, services and information provided through the Websites, or software or information downloaded from the Websites will be accurate, current, uninterrupted, error-free, omission-free, or free from viruses or other harmful components.
BY MAKING AVAILABLE THE WEBSITES, FIDUCIAL IS NOT MAKING AN OFFER OF ANY FINANCIAL, TAX, ACCOUNTING, LEGAL OR OTHER PROFESSIONAL SERVICES OR GOODS, AND THE INFORMATION PRESENTED ON THE WEBSITES SHOULD NOT BE CONSTRUED AS LEGAL, TAX, ACCOUNTING OR ANY OTHER PROFESSIONAL ADVICE OR SERVICE.
Some jurisdictions prohibit the disclaimer of certain warranties or conditions or the limitation of certain types of liability. In such circumstances, to the extent that such prohibitions prohibit any exclusions and limitations in these Terms, such exclusions and limitations will not apply to you strictly to the extent necessary to make these Terms consistent with such prohibitions.
Other legal provisions
We reserve the right to amend these Terms at any time without notice to you, but we will use reasonable efforts to publish each amendment before such amendment becomes effective. The latest, fully-amended version of these Terms will be published on the Websites. You are responsible for regularly reviewing the Websites to obtain timely notice of such amendments. If any amendment is unacceptable to you, you may terminate the agreement between you and us regarding the use of the Websites as set out in these Terms. If you continue to use the Websites after the effective date of any amendment, you will be conclusively deemed to have accepted such amended version of these Terms.
Each of the Websites has a Privacy Statement. You acknowledge that you have read the Privacy Statement located on each of the Websites, as it may be updated from time to time (the "Privacy Statement"). You further acknowledge that, to the extent required under applicable law, by using such Website you consent to the collection, use, and disclosure by us of your personal information (whether previously collected or to be collected) for the purposes identified therein. You also consent to our use of such personal information in accordance with such Privacy Statement, which is incorporated herein by reference and forms an integral part of these Terms.
Without limiting any of our rights, we may suspend, restrict or terminate your use of the Websites without notice if, in our sole and absolute discretion, we determine or believe that you have violated any of the Terms, including but not limited to any of your responsibilities as set out above.
Your use of the Websites, and the content and features accessed through them, constitutes your agreement to these Terms; such agreement will be deemed for all legal purposes to be in writing and legally enforceable as a signed written agreement.Interpretation
In these Terms, (i) the captions and headings are for convenience only and do not constitute substantive matter and are not to be construed as interpreting the contents of these Terms, (ii) the word "including", the word "includes" and the phrase "such as", when following a general statement or term (whether or not non-limiting language such as "without limitation" or "but not limited to" or other words of similar import are used with reference thereto), is not to be construed as limiting, and the word "or" between two or more listed matters does not imply an exclusive relationship between the matters being connected, and (iii) all references to Websites addresses or URLs will also include any successor or replacement Websites containing substantially similar information as the referenced Websites(s).
No implied waiver
If you do not comply with these Terms, and we do not take action immediately, this does not mean we are giving up any rights that we/they may have (such as taking action in the future).
Any cause of action you may have with respect to these Terms or the Websites must be commenced within one year after the claim or cause of action arose, or it will be barred.
Any notice, consent, waiver, approval, authorization or other communication to be delivered in connection with these Terms and Conditions:
• by us to you will be deemed to have been effectively and validly given if delivered or sent to any of the contact particulars then listed in your Account;
• by you to us will be deemed to have been effectively and validly given only if in writing and delivered or submitted to us.
We may at any time assign our rights and obligations under these Terms, in whole or in part, without notice to you. You may not assign these Terms without our prior, written consent. These Terms will inure to the benefit of and bind you and us and our respective personal and legal representatives, successors and permitted assigns.
You agree that no joint venture, partnership, fiduciary, employment or agency relationship exists between us and you as a result of these Terms or use of the Websites.
Neither party will be responsible for a failure to fulfil its obligations under these Terms or for delay in doing so if such failure or delay is due to circumstances beyond its reasonable control, such as acts of nature, acts of government, war, riots, strikes and accidents in transportation, but excluding a lack of financing, cash or credit.
These Terms, as amended from time to time, including any and all documents, Websites, rules, terms and policies referenced herein, including but not limited to the Privacy Statement, constitutes the entire agreement between us and you with respect to your use of the Websites.
If a particular term or portion of these Terms and Conditions is found to be unenforceable, this will not affect any other terms.
Governing Law and Dispute Resolution
Unless Terms and Conditions available on a particular Website state otherwise, these Terms will be governed by New York law and any dispute or proceedings arising from your use of the Websites shall be subject to the exclusive jurisdiction of the New York state courts located in Manhattan County, New York and the U.S Federal District Court for the Southern District of New York.
The Privacy Statement and Terms are current as of the date on the top of this page. We may update the Terms and Privacy Statement at any time by publishing an updated versions here. If you continue to use the Websites after any such changes, that will indicate you accept those changes.
© 2018 Fiducial. All rights reserved.
Please let us know if you have any questions with these terms and conditions.