Last Updated: January 2018
1) Access to the Services
In order to use the Services provided by FMG, you must be at least 18 years old and will need to register for Services and create an account (“User Account”). When creating your account(s) for the Service, you agree to provide true, accurate, current, and complete information.
2) Modification of the Terms
The compilation of all information published on this website, including without limitation, any text, graphics, images, illustrations, photographs, animation, audio/visual works, designs, logos, information, and other content made available through the website (“Content”), is the sole property of FMG and is protected by United States and international copyright laws.
All software used on this site is the property of FMG or its software suppliers and is protected by United States and international copyright laws. Content included on this Site is Copyrighted by FMG 2018. All rights reserved.
A user of this website may use Content solely for the user’s own informational purposes, and no permission is granted to download, copy, distribute, redistribute, publish, or republish Content, except to the extent done using hyperlinks that directly link back to the web page within this website from which the Content originated. Accordingly, unauthorized use of any Content may violate copyright laws, trademark laws, trade secret laws, the laws of privacy and publicity, and other regulations and statutes.
4) License Grant
Subject to the conditions of these Terms, FMG hereby grants to you a limited, non-transferable license to use the Services in the manner contemplated by these Terms solely for your internal business purposes. Users shall have no right to sub-license or resell the Services or any component thereof. Nothing on this website shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of FMG or any third party, whether by estoppel, implication, or otherwise.
5) Individual Features and Services
Certain features and Content of the Services (“Individual Services”) may have their own terms and conditions that you will be required to agree to in order to access and use that particular function or service (each an “Individual Service Agreement”). An Individual Service Agreement supplements these Terms and is hereby incorporated by reference.
If any term of these Terms expressly conflicts with any term of an Individual Service Agreement, the conflicting term in the Individual Service Agreement will control. All other terms and conditions of each agreement will remain in full force and effect. Further, you will be subject to any additional posted guidelines or rules applicable to specific services and features that may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into the Terms.
Fulton Market Group and other trade names, marks, graphics, logos, page headers, button icons, scripts, and service names indicated on our website are trademarks of FMG, whether registered or unregistered, and may not be used in connection with any product or service that is not related to FMG, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits FMG. All other trademarks not owned by FMG that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by FMG.
7) Prohibited Conduct
Use of this website and the Content is granted as a license, not a transfer of title, and is strictly limited to the licensed use expressly set forth herein. All rights not expressly granted herein are reserved to FMG and no other rights shall be implied. Without limiting the foregoing, you acknowledge the following specific restrictions on your use of the website and the Content:
(a) You may not modify, alter, or adapt Content, create derivate works based upon any Content, or use Content for any commercial purpose or any other distribution, public display, performance, sale, or rental.
(b) You may not decompile, reverse engineer, or disassemble software materials.
(c) You may not remove any copyright notice or other proprietary notices from the Content.
(d) You may not transfer any of the Content to another person.
(e) You agree to prevent any unauthorized copying, publishing or republishing of the Content.
Your use of this website and/or the Content constitutes your agreement and acceptance without modification of the notices, Terms, and conditions set forth herein. Any other use or exploitation of this website or the Content is strictly prohibited. If you violate any provision of these Terms, your permission to use the Content automatically terminates and you must immediately cease using or accessing the Content and destroy any copy of the Content you may have, notwithstanding the prohibitions and restrictions set forth herein.
If you do not agree and accept without modification the notices, Terms, and conditions set forth herein, do not use this website. Other than this Agreement, FMG will not enter into any Agreement or obligation, express or implied, with you through this website.
8) Eligibility; Termination
The Services are not available to any Users previously suspended or removed from the Services by FMG. FMG may terminate your account(s), delete any content or information that you have uploaded on the Services, and/or prohibit you from using or accessing the Services (or any portion, aspect, or feature of the Services) for any reason or no reason, at any time in its sole discretion, with or without notice.
You agree that FMG, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with FMG. In addition, FMG reserves the right to discontinue any aspect of the Services at any time, including the right to discontinue the display of any User Data. You agree that any termination of your access to the Services or any account you may have or a portion thereof may be affected without prior notice, and you agree that FMG will not be liable to you or any third-party for such termination. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies FMG may have at law or in equity.
Any and all communication and/or material you transmit to the site by electronic mail or otherwise, including any data, questions, comments, suggestions and the like is and will be treated as, non-confidential and the property of FMG. Anything such material transmitted or posted, including without limitation information sent to email@example.com, may be used by FMG for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting.
Furthermore, FMG is free to use any ideas, concepts, know-how, or techniques (collectively, “Disclosures”) contained in any communication you send to the website for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products and/or services using such information without incurring any obligation whatsoever to you, and by sending such communication, you waive all your rights thereto. To the extent that you retain any rights, you hereby grant to FMG the unlimited perpetual right to reuse, redistribute, modify and create derivative works from such Disclosures for any purpose and in any media without compensation, and you warrant that all moral rights in uploaded materials have been waived. The user of the website is responsible in full for the content and accuracy of all information that he or she sends to FMG and for ensuring that the rights of third parties are not infringed. To the fullest extent permitted by law, you hereby agree to indemnify and hold FMG harmless for all claims resulting from a breach of the foregoing warranties or otherwise from the Disclosures you provide.
10) Account Activity Responsibility
(a) User Accounts. You agree to maintain and update your personal information as needed to keep it true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your account(s) and password(s) and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account(s) or password(s). If you have reason to believe that your account(s) is/are no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your ID or password), you agree to immediately notify FMG. You may be liable for the losses incurred by FMG or others due to any unauthorized use of your User Account(s).
(b) Administrator Accounts. Certain individuals may be granted “Administrator” access to the Services, to exercise certain options to determine the level of access, privacy, and security for the Services related to other Users within the subscribing organization (“Administrator Account”). For example, the Administrator will determine who can be a User of the Services under the organization associated with that Administrator and Subscribing Organization and the level of privileges that such Users will possess. Each Administrator may designate other Users as additional and/or successor Administrators; in that case, each Administrator is responsible for confirming that those person(s) accept such responsibility. Upon becoming an Administrator, each person will be deemed to agree to the obligations hereunder. Administrator Accounts must comply in all respects with all terms and conditions applicable to User Accounts.
(c) System Access. Your use of the Services may automatically retrieve data from your internal system(s) or third-party systems or services on your behalf. You hereby represent and warrant that you have the permission, authority, and rights to allow FMG to so automatically access such system(s) and services and you hereby grant FMG permission to access such system(s) and services and retrieve any relevant User Data as contained in the system(s) and services. FMG disclaims any and all liability associated with accessing and retrieving data from such system(s) and services on your or your Organization’s behalf.
In order to connect the Services with any third-party service, you hereby authorize FMG to: (a) collect and store your Organization’s Data relating to the third-party service; (b) access the third-party service using credentials you provide us; (c) use any materials you provide to us in order to provide you with the Services; (d) gather and export from the third-party service any User Data reasonably necessary for us to provide the Services to you; and (e) otherwise take any action in connection with such third-party service as is reasonably necessary for us to provide the Services to you.
(d) Account Information. You acknowledge and agree that FMG may access, preserve and disclose your account information and related contents if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any User Data violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of FMG, its users, or the public.
11) Links to Other Sites
This website may provide hyperlinks to other websites for the purpose of providing additional references and resources. FMG has no control over the content or policies of such third-party websites, and FMG is not responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of any websites hyperlinked to this website. When you leave the Services, you are aware that our Terms and policies no longer govern. FMG expressly disclaims any responsibility for the i) content or accuracy of the information contained on such linked sites; ii) quality of any product or service provided by or advertised by any linked site, and iii) the privacy practices of the such linked site. We neither endorse nor make any representation regarding any linked site.
When using the Services you agree not to:
a) Upload or transmit via the Services pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libellous, or otherwise inappropriate content;
b) Use the Services in any manner that infringes, violates or misappropriates any third party’s intellectual property or proprietary rights;
c) Use the Services in any manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
d) Use the Services in any manner that in our sole discretion could damage, disable, overburden, or impair it;
e) Attempt to gain unauthorized access to the Services, or any part of them, other User Accounts, computer systems or networks connected to the Services, or any part of them, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;
f) Modify the Services in any manner or form, or use modified versions of the Services, including but not limited to for the purpose of obtaining unauthorized access to the Services;
g) Use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission, or bypass any measures we may use to prevent or restrict access to the Services;
h) Impersonate another person or access another User’s User Account without that User’s permission or to violate any contractual or fiduciary duties;
i) Share any passwords associated with the Services with any third party or encourage any other User to do so;
j) Modify, adapt, translate or create derivative works based upon the Services;
k) Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
l) Resell, sublicense, distribute or otherwise transfer the Services to any unauthorized third party; or use the Services for any purpose other than your own internal business use;
m) Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services, features that prevent or restrict the use or copying of any content accessible through the Services, or features that enforce limitations on the use of the Services;
n) Collect or harvest any personally identifiable information, including account names, from the Services or any User.
FMG will use reasonable efforts to keep the Website, Services and Content available for your use. However, FMG cannot and will not be responsible for any loss or unavailability of the website for any reason within or outside of FMG’s control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labour problems, wars, or governmental restrictions.
ALL INFORMATION ON THE WEBSITE IS GIVEN WITHOUT WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED. ALL CONTENT, INFORMATION AND SERVICES ARE PROVIDED ‘AS IS’ WITHOUT WARRANTY OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN NO EVENT SHALL FMG BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE CONTENT OR WITH THE DELAY OR INABILITY TO USE THIS SITE OR THE CONTENT, EVEN IF FMG HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT YOU ASSUME AND HEREBY EXPRESSLY RELEASE FMG, ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS AND CONTRACTORS FROM ALL LIABILITY, IN TORT, CONTRACT OR OTHERWISE, INCURRED IN CONNECTION WITH THE USE, APPLICATION AND/OR RELIANCE UPON CONTENT.
All technical assistance, product or service roadmap statements, updates, notifications, instructional advice and all other information in the Content (whether text, audio, video, or other), are provided strictly for your reference and your use and application of such Content is beyond FMG’s control. Therefore, it is imperative that you evaluate and test all technical assistance, information and other Content for yourself to determine to your own satisfaction whether they are accurate, up-to-date, complete and otherwise suitable for your intended uses and applications. FMG makes no promises or warranties that it has conducted any evaluations or verifications regarding this Content.
FMG will endeavour to provide accurate and up-to-date information on the website through periodic updates. However, there may be time lags, errors, or delays in such periodic updates which may result in inaccuracies, including typographical errors, in the Content and neither FMG nor any of its affiliates will be responsible or liable for any such inaccuracies or errors, or any user’s use or reliance upon such inaccurate or erroneous information, notwithstanding references to “real-time”, “live” or similarly termed search or tracking results.
FMG reserves the right to amend or supplement the website at any time and without prior notice, including without limitation the removal of certain Content. FMG will not be liable for problems arising out of the interaction between this website and the local hardware and/or software you use to access the website.
You agree to defend, indemnify and hold harmless FMG and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to the Services, including any data or work transmitted or received by you; (b) your violation of any term of these Terms, including without limitation, your breach of any of the representations and warranties above (or any term or condition incorporated into these Terms by reference); (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (d) your violation of any law, rule or regulation of the United States or any other country; (e) any claim or damages that arise as a result of any of your User Data or any other data that are submitted via your account; or (f) any other party’s access and use of the Services with your unique username, password or other appropriate security code. FMG reserves the right to control the defence, settlement, adjustment or compromise of any such claims, actions or proceedings by using counsel selected by FMG. FMG will use reasonable efforts to notify you of any such claims, actions, or proceedings upon becoming aware of the same. Your indemnification and defence obligations provided in these Terms will survive these Terms and your use of our Services.
16) Governing Law
You agree with FMG that these Terms shall be considered a contract governed by Illinois law and that by using the website you are entering into a legally binding agreement with FMG using electronic signatures pursuant to Illinois law. Any disputes regarding these Terms shall be heard by the state and federal courts located in Chicago, Illinois, USA, and each party consents to the exclusive jurisdiction of such courts. FMG makes no representation that materials on the website are appropriate or available for use in other locations, and access to them from territories where any of the contents of this website are illegal is prohibited.
17) No Waiver
Failure to insist on strict performance of any of the Terms will not operate as a waiver of any subsequent default or failure of performance.
These Terms, Individual Service Agreements, and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by FMG without restriction.
These Terms represent the entire understanding relating to the use of this website and the Services and prevail over any prior or contemporaneous, conflicting or additional communications. The heading references herein are for convenience only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
Any unauthorized access, modification or change of any information, or any interference with the availability of or access to this website is strictly prohibited. FMG reserves all legal rights and remedies available to it and this disclaimer shall in no way be deemed a limitation or waiver of any other rights FMG may have.
Specific areas or aspects of this website or the Services may include additional or different terms relating to the use of this website or the Services or the rights or obligations of you or FMG. In the event of a conflict between other specific terms and these Terms, such specific terms shall control.