FUML Technologies’ Terms of Use

AGREEMENT BETWEEN FUML TECHNOLOGIES & USER 

The FUML Technologies website is a web pages operated by FUML Technologies, LLC.

Use of the FUML Technologies website constitutes your agreement with the terms conditions and notices herein without alteration or modification.

MODIFICATION OF TERMS OF USE

FUML Technologies maintains the right to alter the terms, conditions, and notices under which the FUML Technologies website is offered; this includes, but is not limited to, charges affiliated with the use of the FUML Technologies website.

THIRD PARTY SITE LINKS

The FUML Technologies website does contain links to various websites (Linked sites”). Please note that none of these Linked Sites are under the control of FUML Technologies and therefore FUML Technologies is not responsible for the contents of any Linked Site – this includes without restrictions any link(s) within a Linked Site or any changes or updates within those sites. FUML Technologies is not responsible for any information received from any Linked Site as they are providing to our users mainly as an optional convenience – having a Linked site DOES NOT imply endorsement by FUML Technologies of any kind.   

NO UNLAWFUL OR PROHIBITED USE

By utilizing the FUML Technologies website, you assure FUML Technologies that you will do so in a lawful manner and that adheres to the terms, conditions, and notices outlined in these terms of use. Using the FUML Technologies website in any manner which could damage or disable the website or disrupt any other party’s use of the website is strictly prohibited. The attainment of information or material not intentionally made available is strictly prohibited.

USE OF COMMUNICATION SERVICES

The FUML Technologies website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
• Conduct or forward surveys, contests, pyramid schemes or chain letters.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
• Violate any applicable laws or regulations.

FUML Technologies has no obligation to monitor the Communication Services. However, FUML Technologies reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. FUML Technologies reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

FUML Technologies reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in FUML Technologies’ sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. FUML Technologies does not control or endorse the content, messages or information found in any Communication Service and, therefore FUML Technologies specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized FUML Technologies spokespersons, and their views do not necessarily reflect those of FUML Technologies.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO FUML TECHNOLOGIES OR POSTED AT FUML TECHNOLOGIES WEBSITE

FUML Technologies does not claim ownership of the materials you provide on the FUML Technologies website (including feedback and suggestions) or post, images, videos, or content upload, input or submit to any FUML Technologies website or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting FUML Technologies, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. FUML Technologies is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in FUML Technologies’ sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE FUML TECHNOLOGIES WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FUML TECHNOLOGIES AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE FUML TECHNOLOGIES WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE FUML TECHNOLOGIES WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

FUML TECHNOLOGIES AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE FUML TECHNOLOGIES WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. FUML TECHNOLOGIES AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FUML TECHNOLOGIES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE FUML TECHNOLOGIES WEB SITE, WITH THE DELAY OR INABILITY TO USE THE FUML TECHNOLOGIES WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE FUML TECHNOLOGIES WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE FUML TECHNOLOGIES WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FUML TECHNOLOGIES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE FUML TECHNOLOGIES WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE FUML TECHNOLOGIES WEB SITE.

SERVICE CONTACT: support@fuml.net

TERMINATION/ACCESS RESTRICTION

FUML Technologies reserves the right, in its sole discretion, to terminate your access to the FUML Technologies Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Hillsborough County, Florida, U.S.A. in all disputes arising out of or relating to the use of the FUML Technologies Web Site. Use of the FUML Technologies Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and FUML Technologies as a result of this agreement or use of the FUML Technologies Web Site. FUML Technologies’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of FUML Technologies’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the FUML Technologies Web Site or information provided to or gathered by FUML Technologies with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and FUML Technologies with respect to the FUML Technologies Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and FUML Technologies with respect to the FUML Technologies. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

FUML Technologies’ Privacy Policy

The FUML Technologies website is committed to protecting your privacy and developing technology that gives you the most powerful and safe online experience. Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it.

This Statement of Privacy applies to the FUML Technologies websites and governs data collection and usage. By using the FUML Technologies website, you consent to the data practices described in this statement.

Collection of your Personal Information

The FUML Technologies website collects personally identifiable information, such as your e-mail address, name, home or work address or telephone number. The FUML Technologies websites also collect demographic information, such as your zip code, age, gender, preferences, interests and favorites.

There is also information about your computer hardware and software that is automatically collected by FUML Technologies. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used by the FUML Technologies for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the FUML Technologies websites.

Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through FUML Technologies public message boards, this information may be collected and used by others.   Note: FUML Technologies is not responsible for any of your private online communications.

FUML Technologies encourages you to review the privacy statements of websites you choose to link to from FUML Technologies websites so that you can understand how those websites collect, use and share your information.  FUML Technologies is not responsible for the privacy statements or other content on websites outside of FUML Technologies’ websites.

Use of our Personal Information

FUML Technologies collects and uses your personal information to operate the FUML Technologies website and deliver the services you have requested.  FUML Technologies also uses your personally identifiable information to inform you of other products or services available from FUML Technologies and its affiliates.  FUML Technologies may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.

 Except as otherwise prohibited by law,  FUML Technologies may, from time to time, contact you on behalf of external business partners or have the external business partners contact you about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) may be  transferred to the third party. In addition, FUML Technologies may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are required to maintain the confidentiality of your information.

FUML Technologies keeps track of the websites and pages our customers visit within FUML Technologies website, in order to determine what FUML Technologies service are the most popular. This data is used to deliver customized content and advertising to customers whose behavior indicates that they are interested in a particular subject area.

FUML Technologies will disclose your personal information if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on FUML Technologies or the site; (b) protect and defend the rights or property of FUML Technologies; or, (c) act under exigent circumstances to protect the personal safety of users of FUML Technologies websites or the public.

Use of Cookies
The FUML Technologies website uses "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the web server that you have returned to a specific page. For example, if you personalize athlete profile, or register apply for a FUML Technologies Scholarship, a cookie helps FUML Technologies to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same FUML Technologies website, the information you previously provided can be retrieved, so you can easily use the FUML Technologies features that you customized.

You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the FUML Technologies website.

Security of your Personal Information

FUML Technologies secures your personal information from unauthorized access, use or disclosure. FUML Technologies secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other web sites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.

Changes to this Statement
FUML Technologies will occasionally update this Statement of Privacy to reflect company and customer feedback. FUML Technologies encourages you to periodically review this Statement to be informed of how FUML Technologies is protecting your information. Your continued use of this website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Contact Information
FUML Technologies welcomes your comments regarding this Statement of Privacy. If you believe that FUML Technologies has not adhered to this Statement, please contact FUML Technologies and we will use commercially reasonable efforts to promptly determine and remedy the problem.
California residents are entitled to request and obtain from FUML Technologies once per calendar year information about any of your personal information shared with third parties for their own direct marketing purposes, including the categories of information of information and the names of addresses of this businesses with which FUML Technologies has shared such information, To request this information, please contact us at  support@fuml.net. California residents under the age of 18 may request and obtain removal of content or information posted on FUML Technologies’ websites.  While FUML Technologies will seek to remove such information, such action does not ensure the complete or comprehensive removal of the content or information.   To request removal of content or information, please contact us at support@fuml.net.