Terms of Use, Privacy Policy & Disclaimer
FLURIDONE TERMS OF USE
Thank you for your interest in FLURIDONE (“FLURIDONE”, “us”, “we”) and our web-based information portal at www.fluridone.com. The following Terms of Use are a legally binding contract between you and FLURIDONE regarding your use of the FLURIDONE website, software applications, networks, and other features or services (collectively, the “Service”).
PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. BY BROWSING, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE FLURIDONE PRIVACY POLICY, ANY APPLICABLE END USER LICENSE AGREEMENT, AND ANY ADDITIONAL TERMS OR FUTURE MODIFICATIONS (COLLECTIVELY, THE “TERMS”). If you are not eligible, or do not agree to the Terms, then please do not use the Service.
- 1. Eligibility. You must be at least eighteen (18) years old to use the Service. By agreeing to the Terms, you represent and warrant to us that: (i) you are at least eighteen (18) years old (ii) you have not previously been suspended or removed from the Service and (iii) your registration with and your use of the Service are in compliance with any and all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company (collectively “Subscribing Organization”), you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of such Subscribing Organization. In such a case, “you” in these Terms refers to your Subscribing Organization, and any individual authorized to use the Service on behalf of the Subscribing Organization, including you. Any and all applicable laws and regulations.
- 2. Privacy Policy; Additional Terms.
o 2.1. Privacy Policy. Please read the FLURIDONE Privacy Policy carefully for information relating to our collection, use, and disclosure of your personal information. The FLURIDONE Privacy Policy is hereby incorporated by reference into, and made a part of, these Terms.
o 2.2. Additional Terms. Your use of the Service is subject to any additional terms, rules, or guidelines applicable to certain services and features that we may offer or provide from time to time (the “Additional Terms”). All such Additional Terms are hereby incorporated by reference into, and made a part of, the Terms.
You are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize FLURIDONE and users of the Service to use and distribute;
- 3. Modification of the Terms We reserve the right, at our discretion, to change the Terms on a going forward basis at any time. Please check the Terms periodically for changes. Your continued use of the Service after the changes become effective constitutes your binding acceptance of such changes. In the event that a change to the Terms materially modifies your rights or obligations, we will make an effort to notify you of the change, such as by sending you an email to the address we have on file for you, or presenting a pop-up window or other notification to you through the Service when you log in. Immaterial modifications are effective upon publication, and material changes will be effective upon the earlier of (a) continued use of the Service with actual knowledge of the modification; or (b) thirty (30) days following the change. For the avoidance of doubt, disputes arising hereunder will be resolved in accordance with the Terms in effect at the time the dispute arose.
- 4. Accounts and Registration. To access most features of the Service you must register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your e-mail address or other contact information). You agree that the information you provide to us is and will be accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure for any reason (for example, in the event of a loss, theft or unauthorized disclosure or use of your password), then you agree to immediately notify us at support@fluridone.com.
- 5. User Content.
o 5.1. User Content Generally. Certain features of the Service may permit users to post content, including messages, reviews, photos, images, folders, data, text, and other types of works (collectively “User Content”) and to publish User Content on the Service. You retain copyright and any other proprietary rights you hold in the User Content that you post to the Service.
o 5.2. Limited License Grant to FLURIDONE. By posting User Content, you grant FLURIDONE a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free right and license to host, transfer, display, perform, reproduce, modify, distribute and re-distribute, and otherwise exploit your User Content for the purpose of operating and providing the Service to you and our other users.
o 5.3. User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting and publishing User Content, you affirm, represent, and warrant that:
You are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize FLURIDONE and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section 5 and in the manner contemplated by FLURIDONE and the Terms;
Your User Content, and the use thereof as contemplated herein, does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (c) contain any viruses, adware, spyware, worms, or other malicious code; or (d) violate any applicable law or regulation.
o 5.4. User Content Disclaimer. We are under no obligation to edit or control User Content that you and other users post or publish, and will not be in any way responsible or liable for User Content. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against FLURIDONE with respect thereto. We expressly disclaim any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to the Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, FLURIDONE does not permit copyright infringing activities on the Service.
- 6. Digital Millennium Copyright Act.
o 6.1. A. DMCA Compliance. We comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have any complaints or objections to material posted on the Service, you may contact our Designated Agent at the following address:
E-mail:
copyright@fluridone.com
o 6.2. B. DMCA Notification. Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:
i. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
ii. a description of the copyrighted work or other intellectual property that you claim has been infringed;
iii. a description of the material that you claim is infringing and where it is located on the Service;
iv. your address, telephone number, and email address;
v. a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
vi. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
- 7. Third Party Services and Websites. FLURIDONE may provide tools through the Service that enable you to export information to third party services, including through use of an API or by linking your account on FLURIDONE with an account on the third party service, such as Twitter or Facebook. By using these tools, you agree that we may transfer such User Content and information to the applicable third party service. Such third party services are not under our control, and we are not responsible for the contents of the third party service or the use of your User Content or information by the third party service. The Service, including our websites, may also contain links to third-party websites. The linked sites are not under our control, and we are not responsible for the contents of any linked site. We provide these links as a convenience only, and a link does not imply our endorsement of, sponsorship of, or affiliation with the linked site. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties services or websites.
- 8. Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO:
o 8.1 rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials (as defined below);
o 8.2 post, upload, or distribute any defamatory, libelous, or inaccurate User Content or other content;
o 8.3 post, upload, or distribute any User Content or other content that is unlawful or that a reasonable person could deem to be objectionable, profane, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
o 8.4 impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Service accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Service, or perform any other similar fraudulent activity;
o 8.5 delete the copyright or other proprietary rights on the Service or any User Content;
o 8.6 make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Service. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
o 8.7 use the Service for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy, or the collection, storage, transmission, or access of educational records;
o 8.8 defame, harass, abuse, threaten or defraud users of the Service, or collect, or attempt to collect, personal information about users or third parties without their consent,
o 8.9 use the Service for any commercial purpose other than the internal business purposes of maintaining and administering school records without our consent;
o 8.10 remove, circumvent, disable, damage or otherwise interfere with security-related features of the Service or User Content, features that prevent or restrict use or copying of any content accessible through the Service, or features that enforce limitations on the use of the Service or User Content;
o 8.11 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service or any part thereof (including any App), except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
o 8.12 modify, adapt, translate or create derivative works based upon the Service or any part thereof, except and only to the extent the foregoing restriction is expressly prohibited by applicable law; or
o 8.13 intentionally interfere with or damage operation of the Service or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
- 9. Termination of Use; Discontinuation and Modification of the Service If you violate any of the Terms, your permission to use the Service will automatically terminate. You also agree that we may, at any time and without notice to you, suspend or revoke your access to and use of the Service, and any accounts you may have in connection with the Service including: (i) where we determine in our sole discretion that such action is reasonable in order to comply with legal requirements or to protect the rights or interests of FLURIDONE or any third party; or (ii) in connection with any general discontinuation of the Service. We also reserve the right to modify the Service at any time without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or revocation of your access to or use of the Service. You may terminate your account at any time by contacting customer service at support@fluridone.com. If you terminate your account, you will remain obligated to pay all outstanding fees and charges, if any, relating to your use of the Service incurred before termination.
- 10. Ownership; Proprietary Rights. The Service is owned and operated by FLURIDONE. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by FLURIDONE (the “Materials”) are protected by United States copyright, trade dress, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any User Content that is provided and owned by users of the Service, all Materials contained in the Service are the property of FLURIDONE or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to FLURIDONE or its affiliates and/or third-party licensors. Except as expressly authorized by FLURIDONE, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. FLURIDONE reserves all rights to the Materials not expressly granted in the Terms.
- 11. Indemnity. You agree that you will be personally responsible for your use of the Service, and you agree to defend, indemnify and hold harmless FLURIDONE and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ and accounting fees and costs, arising out of or in any way connected with (i) your access to, use of or alleged use of the Service; (ii) your violation of the Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
- 12. Disclaimers; No Warranties.
- THE SERVICE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. FLURIDONE SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; (ii) ANY WARRANTIES ARISING OUT OF COURSE-OF-DEALING, USAGE, OR TRADE; (iii) AND ANY WARRANTIES THAT THE INFORMATION OR RESULTS PROVIDED IN, OR THAT MAY BE OBTAINED FROM USE OF, THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, RELIABLE, COMPLETE, OR UP-TO-DATE. YOU ASSUME ALL RISK FOR ALL DAMAGES, INCLUDING DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE. ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED, USED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK.
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES IN SOME CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- 13. Limitation of Liability.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE FLURIDONE. ENTITIES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OPERATING OR DELIVERING THE SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT FLURIDONE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE WHERE SUCH DAMAGES RESULT FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE. YOU SPECIFICALLY ACKNOWLEDGE THAT THE FLURIDONE. ENTITIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, THE FLURIDONE. ENTITIES WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICE.
- YOU AGREE THAT THE AGGREGATE LIABILITY OF FLURIDONE TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THE USE OF THE SERVICE IS LIMITED TO THE GREATER OF (i) THE AMOUNTS YOU HAVE PAID TO FLURIDONE FOR ACCESS TO AND USE OF THE SERVICE GIVING RISE TO SUCH LIABILITY IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM OR (ii) $100. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FLURIDONE AND YOU.
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES IN SOME CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- 14. Governing Law; Venue. These Terms shall be governed by the laws of the State of California as they apply to agreements entered into and to be performed entirely within New Jersey by New Jersey residents, and without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and FLURIDONE agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Mercer County, New Jersey for the purpose of litigating all such claims or disputes. We operate the Service from our offices in New Jersey, and we make no representations that information and materials included in the Service are appropriate or available for use in other locations. Access to the Service from any territory where the content is illegal is prohibited.
- 15. General. The Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and FLURIDONE regarding your use of and access to the Service, and except as expressly permitted above may only be amended by a written agreement signed by authorized representatives of the parties. You may not assign or transfer the Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign the Terms at any time without notice. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of paragraph headers in the Terms is for convenience only and shall not have any impact on the interpretation of particular provisions. In the event that any part of the Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Upon termination of the Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Section 9 with respect to the closing or termination of FLURIDONE accounts and Sections 6 through 8 and Sections 10 through 16.
- 16. Contact Information. If you have any questions regarding FLURIDONE, the Service, or the Terms please contact us at support@fluridone.com.
FLURIDONE PRIVACY POLICY
Updated June 2015. This policy updates and overrides any preexisting policies found on any Fluridone web properties.
Information Collected
LOG FILES
Like most websites, FLURIDONE servers may record the numerical Internet Protocol (IP) address of the computer you are using; the browser software you use and your operating system; the time and date you access FLURIDONE’s website; and the Internet address of the website from which you linked directly to our site. FLURIDONE uses this information to measure the number of visitors to various sections of the site, to diagnose and correct system errors, and to improve the site. No information that identifies you personally is collected in our server logs.
USE OF COOKIES
A cookie is a piece of data stored on the user’s computer tied to information about the user. Cookies must be turned on to use certain interactive content on FLURIDONE’s website. We use cookies to store basic information and preferences so we can customize the user experience. No information that identifies you personally is stored in a cookie. To learn more about cookies, visit http://www.getnetwise.org/glossary.php#cookie.
GOOGLE SERVICES
FLURIDONE uses Google Analytics for analysis of website traffic and trends. We have enabled Google Analytics Demographics to monitor age, gender and interests of site visitors in the aggregate in order to tailor content and campaigns for our audience. No personal information about individual visitors is obtained, stored or accessed by FLURIDONE in this process.
FLURIDONE uses Remarketing with Google Analytics to advertise online to visitors who have come to our sites. Third-party vendors, including Google, may show FLURIDONE ads on sites across the Internet to visitors with the FLURIDONE remarketing cookie. FLURIDONE and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, improve and serve ads based on someone’s past visits to FLURIDONE websites.
Individuals can use Google’s Ads Settings to opt-out of Google Analytics for Display Advertising and customize Google Display Network ads to their interests.
SUBSCRIBER INFORMATION AND “CONTACT US” FORMS
Information submitted by users via the “Contact Us” page listed next to the mailing address at the bottom of our website comes to FLURIDONE in the form of an email. FLURIDONE will store your email address in its database of supporters if: (1) you elect to receive our email updates when you use our web-based form to contact us, or (2) if you participate in any FLURIDONE. FLURIDONE does not collect any information other than what the supporter provides on our forms. If you would like to review your personal information collected, make corrections, and/or request that your information not be shared with third parties, please contact us at admin “at” fluridone.com. Requests are usually processed within several working days.
DOES FLURIDONE COLLECT INFORMATION FROM CHILDREN?
FLURIDONE’s web properties are not intended for use by children under 13 years of age. FLURIDONE does not knowingly collect personal information from children under 13. If you are under 13, please do not send any information about yourself to FLURIDONE, including your name, address, telephone number or e-mail address. In the event that FLURIDONE learns that FLURIDONE has collected personal information from a child under age 13 without verification of parental consent, FLURIDONE will delete that information. If you believe that FLURIDONE might have any information from or about a child under 13, please contact us at admin “at” fluridone.com.
SECURITY
FLURIDONE uses industry standard, HTTPS protocol for secure encryption and submission of the personal and credit card data you provide voluntarily on our websites. FLURIDONE stores the personal information submitted in a secure, private database to which only FLURIDONE and their agents have access.
Information Use
E-MAIL COMMUNICATIONS
Subscriber information will be used by FLURIDONE to send out messages about the organization’s work, advocacy, and related issues.
LINKS
FLURIDONE’s website may contain links to other sites. Please be aware that FLURIDONE is not responsible for the privacy practices of those other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by FLURIDONE’s website.
CHANGES TO PRIVACY POLICY
If FLURIDONE decides to change its privacy policy, we will post these changes to this statement, to the www.fluridone.com homepage, and to any other places we deem appropriate to ensure that our users will always know what information we collect, how we use it, and under what circumstances, if any, we share it.
CONTACT INFORMATION
For questions or suggestions regarding our privacy policy, please contact us at:
Admin “at” fluridone.com
Postal Address: 2216 44th Street, NE, Ste. 319, New York, NY 10001
DISCLAIMER
Fluridone.com is a participant in an affiliate advertising program designed to provide a means for website owners to earn advertising fees, commissions or other financial benefit by advertising and linking to 3rd party websites. Fluridone.com has relationships with some of the products mentioned on this website. While all comments and reviews represent how the author truly feels about each product, because of the affiliate relationship you should presume there will exist inadvertent bias.
The reviews located on this website are those of the editors and are at times fictional or crafted so as to provide the user with an understanding of how each product may perform, and are those sole opinions of the author. Before purchasing any products on this site, please do your own research and you’re your own opinion.
