Last Updated February 18, 2019
In consideration of your use of the Website and the Service, you represent that you are of legal age to form a binding contract with FAGI in connection therewith.
2.1. FAGI may charge fees for access to certain parts of the Website and Content, including, but not limited to, a subscription to the digital version of Full Alliance Group, Inc. In order to access these areas, you may be required to become a registered member of the Website (“Member”). You shall pay all fees and charges (including related taxes) incurred through your Member account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to, charges for any products or services offered for sale through the Website.
3.2. Third Party Communications. FAGI disclaims all liability for any Third Party Communications (as defined below), that you may receive and any actions you may take or refrain from taking as a result of any Third Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third Party Communications. FAGI assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third Party Communications. As used herein, “Third Party Communications” means any communications directed to you from any third party directly or indirectly in connection with this Website or Content (e.g., advertising, forums, etc.).
3.3. THE CONTENT AVAILABLE ON OR THROUGH THE WEBSITE, THE SERVICE, THE INTERACTIVE AREAS, THE CONTENT, AND POSTINGS IS NOT INTENDED, AND SHALL NOT BE CONSTRUED, TO: (I) CONSTITUTE PROFESSIONAL MEDICAL, HEALTH, LEGAL, TAX, OR FINAFAGIAL ADVICE; OR (II) DIAGNOSE, CURE, OR TREAT ANY MEDICAL, HEALTH OR OTHER CONDITION.
4.2 This Website may contain certain interactive areas which include, without limitation, blogs, wikis, bulletin boards, discussion boards, and question and answer features (the “Interactive Areas”). You hereby grant to FAGI an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, authorize use of and have used on its behalf any ideas, expressions of ideas, text, graphics, messages, blogs, links, data, information and other materials you submit (collectively, “Postings”) to this Website. Said license is without restrictions of any kind and without any payment, permission or notification due from FAGI to you or any third party. The license includes the right to make, use, sell, reproduce, publish, modify, adapt, prepare derivative works from, combine with other works, translate, distribute, display, perform and sublicense Postings in any form, medium, or technology now known or hereafter developed.
4.4. By submitting Postings to this Website, you acknowledge and agree that FAGI may create on its own ideas that may be, or may obtain submissions that may be, similar or identical to Postings you submit. You agree that you shall have no recourse against FAGI for any alleged or actual infringement or misappropriation of any proprietary or other right in or related to the Postings you provide to FAGI.
5.1 Filing a DMCA Notice to Remove Copyright – Protected Content
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:
5.2 Filing a DMCA Counter – Notice to Restore Content Removed from the Website
If you believe that your material has been removed by mistake or misidentification, please provide FAGI with a written counter-notification containing the following information:
9.1. Postings to be Lawful. If you participate in Interactive Areas on this Website, you shall not post, publish, upload or distribute any Postings which are unlawful or abusive in any way, including, but not limited to, any Postings that are defamatory, libelous, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law. FAGI may delete your Postings at any time for any reason or no reason without permission from you.
9.2. Postings shall not contain protected health information or heal FAGI are or legal advice. You are strictly prohibited from submitting Postings that are considered protected health information under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH). You may not submit any Posting that contains legal or heal FAGI are advice. You are also strictly prohibited from providing FAGI with any “sensitive information,” (which includes, for example, personal information specifying medical or health conditions, racial or ethnic origin, or trade union membership) and, should FAGI discover that you have done so, FAGI will remove it immediately and reserves the right to ban you from the Website. None of the foregoing shall obligate FAGI to actively screen the information that you provide.
9.3. No Monitoring of Postings. FAGI has no obligation to monitor or screen Postings and is not responsible for the content in such Postings or any content linked to or from such Postings. FAGI however reserves the right, in its sole discretion, to monitor Interactive Areas, screen Postings, edit Postings, cause Postings not to be posted, published, uploaded or distributed, and remove Postings, at any time and for any reason or no reason.
9.4. Non-Commercial Use Only of Interactive Areas. Interactive Areas are provided solely for your personal use. Any commercial or otherwise unauthorized use of the Interactive Areas of this Website, its Content, or Postings is expressly prohibited.
9.5. You shall be solely responsible for all interactions with other users of the Website. In your interactions with other users (including, but not limited to: messages, emails, and forum comments), you agree to conduct yourself civilly and respectfully. While using the Website and Service, you agree that you shall not under any circumstances harass or make mischief against any other user of the Website and Service. While FAGI makes commercially reasonable efforts to ensure that Website and Service fosters a safe and positive environment for its users, you hereby acknowledge and agree that FAGI does not actively monitor or police the interactions between users of the Website and Service (and has no obligation to do so) and you hereby disclaim FAGI from and against any and all liability resulting from a user’s interaction with, or conduct towards, any other user. Notwithstanding the foregoing, FAGI reserves the right to determine, at its sole discretion, what constitutes harassment or mischief, and where that has occurred; and may, also at its sole discretion, partially or completely deny access to the Website and Service to any infringing party.
UNLESS PROHIBITED BY LAW, FAGI DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH RESPECT TO ANY OF THE MERCHANDISE, PRODUCTS, AND/OR SERVICES, INCLUDING WITHOUT LIMITATION CONTENT, FEATURED, MENTIONED, DESCRIBED, AUCTIONED, DISTRIBUTED, GIVEN AWAY, RENTED, SOLD, OR OTHERWISE AVAILABLE ON OR THROUGH THE WEBSITE OR SERVICE. ALL TRANSACTIONS FOR MERCHANDISE, PRODUCTS, AND/OR SERVICES, INCLUDING WITHOUT LIMITATION CONTENT, SHALL SOLELY BE BETWEEN THE — — USER AND THE THIRD PARTY SELLER, DISTRIBUTOR, OR MANUFACTURER.
IF YOU BID ON, PURCHASE, ORDER, OBTAIN OR RESEARCH MERCHANDISE, PRODUCTS AND/OR SERVICES, INCLUDING WITHOUT LIMITATION CONTENT, ON OR THROUGH THE WEBSITE OR SERVICE, NOTE THAT FAGI HAS NO CONTROL OVER, AND ASSUMES NO RESPONSIBILITY FOR, THE QUALITY, QUANTITY, SIZE, CHARACTER, FITNESS FOR A PARTICULAR PURPOSE, SPECIFICATIONS, FEATURES, FUNCTIONALITY, SAFETY, OR LEGALITY OF SUCH MERCHANDISE, PRODUCTS AND/OR SERVICES, THE TRUTH OR ACCURACY OF THE LISTINGS, OR THE ABILITY OF THE SELLERS TO SELL, SHIP, OR OTHERWISE PROVIDE SUCH MERCHANDISE, PRODUCTS AND/OR SERVICES.
UNLESS PROHIBITED BY LAW, YOU AGREE THAT FAGI IS NOT RESPONSIBLE, AND SHALL HAVE NO LIABILITY TO YOU, WITH RESPECT TO MERCHANDISE, PRODUCTS, AND/OR SERVICES, INCLUDING WITHOUT LIMITATION CONTENT, FEATURED, MENTIONED, DESCRIBED, AUCTIONED, DISTRIBUTED, GIVEN AWAY, SOLD, RENTED OR OTHERWISE AVAILABLE ON OR THROUGH THE WEBSITE OR SERVICE, INCLUDING ILLEGAL, OFFENSIVE OR ILLICIT ITEMS, EVEN ITEMS THAT VIOLATE THIS AGREEMENT.
YOU AND FAGI AGREE THAT, UNLESS PROHIBITED BY LAW, ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING HEREUNDER WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT, UNLESS PROHIBITED BY LAW, NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF FAGI AND ALL PARTIES TO ANY SUCH PROCEEDING.