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Usage of this Web site
The use of this web site is expressly conditioned upon the following terms and conditions. By using this site, you signify your acceptance of all these terms and conditions. If you do not agree with any part of the following terms and conditions, you may not use this site. By using this web site, you assume any and all risks and liabilities for any use of the Internet with Floor Covering Industry Fund ("FCIF"). This includes but is not limited to: any and all risks related to privacy, risks related to viruses, risks related to the timing or delivery of any information and risks related to copyright, trademark or intellectual property.
The recommendations and other information provided by FCIF on these web pages (collectively, "Web Information") are for informational use only and is utilized by anyone at this own risk. FCIF does not warrant that use of the Web Information will yield any specific result or prevent any specific problems. FCIF has not been retained to provide any professional services, including architectural or engineering services or construction observation or inspection. In addition, FCIF has not been retained to verify the "as-built" condition of any structure utilizing the Web Information. By accessing the Web Information, users agree that FCIF is not providing any electronic commerce, including but not limited to electronic commerce as defined by the California Civil Code.
Disclaimer of Warranties
FCIF EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES. THERE ARE NO EXPRESS WARRANTIES AND THERE ARE NO IMPLIED WARRANTIES INCLUDING THOSE OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THERE ARE NO OTHER IMPLIED OR EXPRESS WARRANTIES OF ANY NATURE WHATSOEVER CONCERNING THE WEB INFORMATION. ANY AND ALL WEB INFORMATION IS PROVIDED ON AN "AS IS" BASIS. THE ENTIRE RISK AS TO THE DESIGN CAPABILITIES, QUALITY AND PERFORMANCE OF THE WEB INFORMATION IS WITH THE USER.
Limitation of Liability
The sole and exclusive remedy against FCIF, its agents, employees, successors, assigns and related and affiliated companies under any claim whether arising at law or in equity, including but not limited to claims for breach of contract, strict liability or negligence, is $100 or the user's actual damages, whichever is less. The entire joint, several and individual liability of FCIF, its partners, agents, representatives and employees for any claim, whether based in negligence, any other tort, breach of contract or otherwise, and irrespective of the number of such claims, shall in no event exceed the actual proceeds from insurance coverage provided by FCIF's liability insurance policy. UNDER NO CIRCUMSTANCES SHALL FCIF BE LIABLE FOR ANY SPECIAL, LIQUIDATED INCIDENTAL OR CONSEQUENTIAL DAMAGES AT ANY TIME FOR ANY REASON UNDER ANY CLAIM.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USES OF THE WEB INFORMATION.
Any and all use of the Internet with FCIF by you shall be for lawful commercial purposes only. You agree not to transmit anything in violation of any federal, state or local statute, rule, law or regulation. This includes but is not limited to any copyrighted material, obscene material or material subject to any trade secret protection. FCIF shall not be liable for the protection or privacy or security of any communication or access to or from it through the Internet with or to FCIF. You agree not to use or attempt to use any device, virus, software, transmission, or any other communication or access to interfere, terminate or disrupt FCIF's Internet use, or that of its Internet Service Provider. FCIF shall not be liable for any content appearing on any sites which may be linked with FCIF. Any link does not mean that FCIF approves, authorizes or endorses such site or is in any way affiliated with it. Such access is at your sole risk.
To the fullest extent permitted by law, the user of any Web Information shall fully and forever defend (with counsel satisfactory to FCIF), indemnify and hold FCIF, its agents, employees, successors, assigns and related and affiliated companies harmless from any and all claims and damages, direct, consequential, incidental, or otherwise arising by reason of or related to the Web Information, including without limitation patent, copyright, license, design claims and damages.
Any and all construction plans, specifications, drawings or other documents prepared using the Web Information shall be fully reviewed, inspected and approved by the design professional of record for any structure using the Web Information, each of whom accepts overall, sole and exclusive responsibility for all aspects of design.
Intellectual Property Rights
Most if not all of the Web Information is subject to various intellectual property rights. The use of any Web Information is subject to those intellectual property rights.
In the event of any dispute between any user of the Web Information and FCIF, the exclusive jurisdiction for any action shall be the courts of the State of Oregon with venue in Washington County. You consent and agree to such jurisdiction and venue. This Agreement shall be governed by and construed in accordance with laws of the State of Oregon without resort to its principles on conflict of laws.
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