1. Copyright and Proprietary Rights
This site, www.fidoalliance.org (and any of the associated sites, fidoalliance.net and fidoalliance.com) is the property of the FIDO Alliance (‘FIDO)’ and is protected by United States and international copyright laws. All copyright, trademark, and other proprietary rights in the FIDO Alliance Site and in the software, text, graphics, design elements, audio and all other materials originated or used by the FIDO Alliance or at the FIDO Alliance Site (the ‘FIDO Alliance Information’) are reserved to the FIDO Alliance and its licensors.
2. Use of the FIDO Alliance Information
The FIDO Alliance authorizes you to download or copy the FIDO Alliance Information, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials and that you comply strictly with these Terms. You may not modify, edit or take out of context the FIDO Alliance Information such that its use creates a false or misleading statement or impression as to the positions, statements or actions of the FIDO Alliance. Except as specifically permitted pursuant to Section 3 below, you may not use the FIDO Alliance Information for any commercial purposes. If you breach any of these Terms, your authorization to use the FIDO Alliance Site automatically terminates and you must immediately destroy any downloaded or printed materials.
3. Linking to the FIDO Alliance Site
The FIDO Alliance, in its sole discretion, may accept or reject any request to link to or mirror the FIDO Alliance Site. Under most circumstances, links to the FIDO Alliance Site are permitted, provided that you comply with the following requirements:
a. You may not frame or alter the appearance of the FIDO Alliance Site.
b. You may not state or imply that the FIDO Alliance endorses, sponsors or otherwise approves your site or any other sites.
c. You may not use any of the FIDO Alliance trademarks or logos (collectively ‘Marks’) without the prior written consent of the FIDO Alliance.
d. You may link to specific pages of the FIDO Alliance Site but the responsibility of keeping these links updated remains with you. The FIDO Alliance retains the right to delete or relocate any links without notice to you.
e. You may mirror the FIDO Alliance Site only for your internal use. Any commercial use or implied use of a mirror is strictly prohibited. If you choose to mirror the FIDO Alliance Site for your internal use, you hereby agree to update the mirror on at least a daily basis.
f. You may use the title of the FIDO Alliance Site’s pages only in the hyperlink to that specific page. You may not use the title in any descriptive terms or in referencing any other pages on your own site or any other site(s).
g. You may not copy text from the FIDO Alliance Site verbatim, nor are you permitted to translate the text verbatim into any other language.
h. You may not present false information about the FIDO Alliance nor make negative or disparaging references regarding the FIDO Alliance.
i. You acknowledge the validity of the FIDO Alliance’s ownership in all Marks and will not contest such ownership or the validity of any registrations of the FIDO Alliance relating to the Marks. If you acquire any goodwill or reputation in any of the Marks, all such goodwill or reputation will automatically vest in the FIDO Alliance when and as such goodwill or reputation occurs. You agree to take all actions necessary to effect such vesting.
j. You are prohibited from using the Marks or any names, marks or other materials in a manner which is likely to cause confusion with, dilute or damage the reputation or image of the FIDO Alliance.
k. You must abide by all of the Terms set forth herein.
The FIDO Alliance reserves the right to terminate this consent to use its Marks and/or link to its Website. You agree to immediately cease and desist using the Marks and/or linking to the FIDO Alliance Site upon written or electronic request from the FIDO Alliance.
The trademarks, logos, and service marks not owned on behalf of the FIDO Alliance and that may be displayed on the FIDO Alliance Site are the registered and unregistered marks of their respective owners. No rights are granted by the FIDO Alliance to use such marks, whether by implication, estoppel, or otherwise.
4. Links from the FIDO Alliance Site to other Websites
Some links used on these Web pages will take you outside the FIDO Alliance Site. Although these links were established to provide you with access to useful information, the FIDO Alliance does not control and is not responsible for any of these sites or their contents. The FIDO Alliance does not endorse or make any representations about using such third party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to the FIDO Alliance Site, you do this entirely at your own risk. Links to these sites from the FIDO Alliance Site may be discontinued by the FIDO Alliance in its sole discretion at any time for any reason.
5. User Forums
The FIDO Alliance may, but is not obligated to, monitor or review any areas on the FIDO Alliance Site where users may transmit or post communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such communications. The FIDO Alliance, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Any such materials may be removed by the FIDO Alliance at any time for any reason. If you send a message to the FIDO Alliance Site, such as, but not limited to, an e-mail, you hereby grant to the FIDO Alliance the right to read, use, distribute, disclose and otherwise handle the communications as the FIDO Alliance deems appropriate in its sole judgment. You are hereby advised that no facilities are provided by the FIDO Alliance Site for sending or receiving confidential communications.
No warranties of any kind are made with respect to the FIDO Alliance Site and the FIDO Alliance Information. ALL INFORMATION PROVIDED AT THE FIDO ALLIANCE SITE IS PROVIDED ‘AS IS’ WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. The FIDO Alliance further does not warrant the accuracy and completeness of the information at the FIDO Alliance Site. The FIDO Alliance may make changes to the materials at the FIDO Alliance Site, to the location of the FIDO Alliance Site, or may discontinue the FIDO Alliance Site at any time without notice. The materials at the FIDO Alliance Site may be out of date, and the FIDO Alliance makes no commitment to update the materials at the FIDO Alliance Site. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
7. Export Controls
Your use of the FIDO Alliance Site must comply with all applicable laws, rules and regulations that govern the export of technical data.
8. Choice of Law, Jurisdiction and Enforcement
These Terms shall be governed by and construed in accordance with the laws of the State of California, U.S.A., without reference to any conflict of law principles. You hereby consent to venue in and jurisdiction of the state and federal courts sitting in the State of California. Notwithstanding anything to the contrary, the FIDO Alliance shall have the right to elect in its sole discretion the forum for any lawsuit arising hereunder brought by the FIDO Alliance. Because you shall have access to the Marks and other valuable proprietary materials of the FIDO Alliance, you agree that the FIDO Alliance shall have the right to enforce these Terms and any of its provisions by injunction (without being required to show any actual damage or to post an injunction bond), specific performance or any other equitable relief without prejudice to any other rights and remedies that the FIDO Alliance may have for the breach of these Terms. If any provision of these Terms is for any reason found by a court of competent jurisdiction to be unenforceable, the remainder of these Terms shall continue in full force and effect.
9. Limitation of Liability
IN NO EVENT WILL THE FIDO ALLIANCE, ITS SUPPLIERS, AGENTS, CONTRACTORS OR OTHER THIRD PARTIES MENTIONED AT THE FIDO ALLIANCE SITE BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR MULTIPLE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE FIDO ALLIANCE SITE, ANY WEBSITES LINKED TO THE FIDO ALLIANCE SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU
10. Limitation of Claims
Any action on any claim against the FIDO Alliance must be brought by the user within one (1) year following the date the claim first accrued, or shall be deemed waived.
The FIDO Alliance may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at the FIDO Alliance Site.