Scope of Use
Rules of Conduct
- use the Website or any Materials for illegal purposes or in violation of any applicable laws or regulations;
- copy, sell, resell, or exploit for commercial purposes any portion of the Website or any Materials;
- remove, obscure, or otherwise alter any proprietary notices appearing on the Website or on any Materials, including copyright, trademark, and other intellectual property notices;
- use data from the Website or any Materials to send unsolicited commercial e-mails (SPAM);
- use any robot, spider, or other automatic or manual process to monitor, data mine, or copy any Website pages, content, or user information, except as expressly permitted by the FPA;
- intentionally manipulate identifiers or otherwise engage in any activities intended to impersonate or hide a user’s identity or contact information;
- interfere with the proper working of the Website including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, denial of service attack or other limiting routine, instruction, or design;
- provide any information that is not true, accurate, current, and complete when submitting information or materials on the Website;
- take any action that imposes an unreasonable or disproportionally large load on the Website’s infrastructure; or
- assist or permit any persons in engaging in any of the activities described above.
Certain features and areas of the Website are available only to FPA members who login. Each individual from an FPA member company/organization is required to select a unique login and password (“Login Credentials”) to access member-restricted features and areas. You must keep your Login Credentials confidential, including taking appropriate measures to maintain the confidentiality, such as logging off and closing the Internet browser. Your Login Credentials are personal to you, and you may not allow any third party to use your Login Credentials under any circumstances. The FPA is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Login Credentials. You must contact the FPA immediately if you become aware of or believe there is or may have been any unauthorized use of your Login Credentials or if you otherwise wish to deactivate your Login Credentials.
Certain areas of the Website specifically allow users the option to download certain Materials (e.g., brochures, directories, guides, articles, reports, press releases) (“Downloadable Content”) intended for educational, informational, and training purposes. Some Downloadable Content is only available to FPA members who login. If Downloadable Content is made accessible to you on the Website, you may download such Downloadable Content provided that you (a) do not modify the Downloadable Content or create any derivative works using the Downloadable Content; (b) leave all copyright, trademark, and other intellectual property notices intact; (c) do not display or distribute the Downloadable Content without the FPA’s prior written consent; and (d) do not sell, resell, or otherwise exploit the Downloadable Content for commercial purposes.
Products and Services
Information that the FPA publishes on the Website may contain references or cross-references to products, programs, or services, including, for example, illustrations/photos of third party products. Any description or reference to non-FPA products, programs, or services on the Website is for informational purposes only and shall not constitute an endorsement or a recommendation of such products, programs, or services by the FPA. Any opinions, advice, statements, services, offers, or other information expressed or made available by third parties, including users or others, are those of the respective author(s) and do not necessarily state or reflect the views, findings, or opinions of the FPA.
All trademarks, service marks, and logos on the Website and in the Materials are the property of their respective owners. FPA owns various trademarks, service marks, and logos used on the Website and in the Materials, including without limitation, the FPA logo. Unauthorized use of any FPA (or of any third-party) trademark, service mark, or logo may violate the FPA’s or a third party’s legal rights. You must obtain the FPA’s written permission prior to using any trademark, service mark, or logo of the FPA.
FPA and its licensors own all intellectual property rights in the Website and the Materials, except as otherwise expressly indicated. The Website and the Materials are protected by United States and international copyright laws. Any unauthorized use of the Website or the Materials may violate copyright laws and other laws and regulations.
By transmitting content to the FPA or the Website, you grant the FPA a perpetual, irrevocable, worldwide, royalty-free, assignable, sublicensable license to use, reproduce, store, modify, display, distribute, prepare derivative works based on, and transmit such content for any purpose, and you waive any and all moral rights and publicity rights in such content.
Third-Party Sites and Linking
Unless otherwise set forth in a written agreement between you and the FPA, you must adhere to the FPA’s linking policy as follows: (a) the appearance, position, and other attributes of the link may not be such as to damage or dilute the goodwill associated with the FPA’s name or any FPA trademark, service mark, or logo; (b) the link can not utilize any FPA trademark, service mark, or logo unless you’ve obtained the prior written approval of FPA; (c) the appearance, position, and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with the FPA; (d) when selected by a user, the link must display the Website on full-screen and not within a “frame” on the linking Site; and (e) the FPA reserves the right to revoke its consent to the link at any time in its sole discretion.
Violations; Termination of Usage
Your use of the Website confirms and acknowledges your agreement to be bound by and comply with any of the FPA’s other polices and disclaimers governing the use of the Website that are posted on the Website or provided to you electronically or otherwise.
THE WEBSITE AND THE MATERIALS ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, DATA ACCURACY, AND QUIET ENJOYMENT. THE FPA DOES NOT GUARANTEE THE CONFIDENTIALITY OR SECURITY OF ANY COMMUNICATION OR OTHER MATERIAL TRANSMITTED TO OR FROM THE WEBSITE OVER THE INTERNET. THE FPA SHALL NOT BE OBLIGATED TO CORRECT OR UPDATE THE WEBSITE OR THE MATERIALS AND SHALL NOT BE LIABLE FOR OMISSIONS, TYPOGRAPHICAL ERRORS, OR OUT-OF-DATE INFORMATION WHICH MAY APPEAR ON THE WEBSITE OR IN THE MATERIALS. THE FPA MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY MATERIALS AVAILABLE ON OR THROUGH THE WEBSITE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE FPA SHALL CREATE A WARRANTY OF ANY KIND. YOU ARE RESPONSIBLE FOR VERIFYING ANY AND ALL OF THE MATERIALS BEFORE RELYING ON THEM. THE FPA MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR FREE FROM VIRUSES.
Limitation of Liability
YOUR USE OF THE WEBSITE AND THE MATERIALS IS AT YOUR SOLE RISK. THE FPA SPECIFICALLY DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE WEBSITE AND THE MATERIALS, EVEN IF THE FPA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow exclusions of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you to the extent prohibited by law. In such cases, the FPA’s liability will be limited to the fullest extent permitted by applicable law.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Website must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
Compliance with Laws
As a member of FPA, subject to the terms and conditions herein, which may be modified from time to time, you may download and use the Sustainability Logos on printed and in electronic materials. By clicking “I Accept” and downloading one or more of the Sustainability Logos, you agree to the following terms and conditions of use:
- The Sustainability Logos are trademarks that are owned by FPA and are protected by federal, state, and common law trademark laws;
- FPA, within its sole discretion, may monitor any and all uses by you of any or all of the Sustainability Logos, and you agree upon FPA’s request to provide samples of any and all Materials containing one or more of the Sustainability Logos to FPA at the address listed below within five (5) business days of such request by FPA;
- You will use the Sustainability Logos only on and in connection with Materials that you developed or had developed, that do not contain copies of some or all of a work or works created by third parties (that was not assigned to you) or owned by third parties (without their express written permission in advance);
- You will indemnify FPA against any and all claims and causes of action threatened and/or initiated by third parties based on your use of the Materials that contain one or more of the Sustainability Logos, including but not limited to claims of infringement of intellectual property rights of others, libel, and false advertising;
- You will use the Sustainability Logos on or in connection with Materials that are made available to others free of charge;
- You agree to use the Sustainability Logos in their entirety, not alter any of the Sustainability Logos in any way, and only in the form shown, both in terms of color (Pantone colors 280 and 355) and proper trademark notice (SM or ®); once FPA has been issued a registration for one or more of the Sustainability Logos in the United States, FPA will update these guidelines to replace the SM symbol with the federal registration symbol, ®.
- You will use the logo secondary, in size, prominence and placement, to the name and logo of your organization.
- FPA, as a trade association, and use of the Sustainability logos, does not endorse the products, services, or technology of individual companies.”
- You will review this web page periodically to check for updates to these terms and conditions; and
- You will cease any and all uses of any and all of the Sustainability Logos within ten (10) days of any such request by FPA.