BY CONTINUING TO USE THE SERVICES AND SITES, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, FMN IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO THE SERVICES AND SITES AND YOU SHOULD IMMEDIATELY DISCONTINUE YOUR USE OF THE SERVICES.
FMN may modify this Agreement from time to time in its sole discretion and without notice to you. You should review this Agreement periodically to ensure familiarity with its then-current terms and conditions. Your continued use of the Services shall constitute your acceptance of this Agreement and your continued use of the Services following any modification of this Agreement shall constitute your acceptance of such modifications to this Agreement.
You may also be subject to additional terms and conditions that may apply when you use Services provided by entities other than FMN on the Web site from which you accessed this Agreement, or when you access any Services provided by FMN from a Web site other than the one from which you accessed this Agreement.
Use of the ServicesThese Services are intended for your personal, non-commercial use. The Services (and the content and information included therein) are protected by copyright pursuant to United States laws and international treaties and are owned or licensed by FMN or the Information Provider(s) credited. You shall abide by all copyright notices, information, or restrictions contained in any content or information accessed through the Services.
You agree not to reproduce, retransmit, disseminate, sell, distribute, perform, display, publish, broadcast, circulate, create new works from, or commercially exploit the Services (including the content and information made available through the Services), in whole or in part, in any manner, without the express written consent of FMN, nor to use the content or information made available through the Services for any unlawful purpose. You agree to access the Services manually by request and not programmatically by macro or other automated means.
You acknowledge that the Services and any associated websites may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and that FMN shall not be responsible to you or others for any such interruptions, errors or problems or for discontinuance of any FMN Service.
FMN may discontinue or change the Services, or their availability to you, immediately, in its sole discretion, at any time without cause. FMN may terminate this Agreement and your access to and use of the Services, or any portion thereof, immediately, in its sole discretion, at any time without cause.
Disclaimer of Warranties
Information and content provided in connection with these Services may be delayed as specified by financial exchanges or Information Providers. FMN and the Information Providers furnish the information available in connection with these Services without responsibility for accuracy and you agree that errors or omissions contained in such information shall not be made the basis for any claim, demand or cause of action against FMN or any Information Provider. FMN believes the Services (including the information and content therein) to be reliable, but accuracy is not warranted or guaranteed. FMN may point to other Web sites that may be of interest to you but for which FMN has no responsibility. The Services includes facts, views, opinions and recommendations of individuals and organisations deemed of interest. Neither FMN nor the Information Providers guarantees the accuracy, completeness or timeliness of, or otherwise endorses, these views, opinions or recommendations, gives investment advice, or advocates the purchase or sale of any security or investment.
Any job leads, job opportunities, news, event announcements, or related postings or information provided by FMN through its Film Music Network or any other FMN division is published as news only, and no endorsement of any kind is made as to the veracity or accuracy of the information contained in these postings and/or information.
You understand and agree that your use of the Services is at your sole risk. THE SERVICES ARE PROVIDED ON AN "AS-IS" BASIS. FMN AND THE INFORMATION PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Materials Provided by You (Submissions)
In certain circumstances you may choose to submit music or other creative material (collectively, "Materials") to FMN for the purposes of FMN providing to you, at your request, music review, performance review, exposure to parties seeking to hire, license or procure music for film, television, video game and other music related projects, or other services. With regards to all music and any other creative Material you submit to FMN through any of our websites or otherwise, you expressly authorize FMN to transmit, stream, download, transfer, broadcast, publicly display and publicly perform in any manner, form or media whether now known or hereafter devised, any of the Materials you submit to FMN for demonstration purposes only, SOLELY IN CONNECTION WITH THE SITE(S) YOU SUBMIT THE MATERIALS TO. Without limitation to other licenses you may be inferred to have granted in order to accomplish the foregoing, you expressly grant to FMN the following licenses with respect to any and all Materials you submit.
Public performance license for compositions
Whether or not you are a member of a performing rights society, you hereby grant FMN a nonexclusive, direct license to publicly perform all musical compositions included in your Materials, worldwide, for demonstration purposes. If you belong to a performing rights society you understand that it is your sole responsibility to notify your performing rights society of the direct license you have granted herein.
Public performance license for sound recordings.
You hereby grant FMN a nonexclusive license to publicly perform by means of digital audio transmission all sound recordings included in your Materials, worldwide, for demonstration purposes.
Reproduction licenses for compositions and sound recordings.
You hereby grant FMN nonexclusive reproduction licenses for all compositions and sound recordings included in your Materials limited to reproducing by download the Materials for demonstration purposes.
By accepting this Agreement and/or submitting Materials to FMN, you expressly warrant and represent the following to FMN and acknowledge that FMN is relying upon such warranties and representations:
(a) That all factual assertions you have made and will make to us are true and complete; that you have reached the age of majority and are otherwise competent to enter into contracts in your jurisdiction; and that in any event you are at least 18 years of age.
(b) That you have obtained and hold all rights, approvals, consents, licenses and/or permissions, in proper legal form, necessary to submit Materials on the terms provided herein and to grant FMN the nonexclusive licenses set forth herein.
(c) That you agree that FMN, our customers, our employees, music reviewer associated with our site(s), and our licensees shall not be required to make any payments with respect to material that you submit to our sites under these Terms, including but not limited to payments to you, third parties, music publishers, mechanical rights agents, performance rights societies, persons who contributed to or appear in your materials, your licensors, unions, or guilds for usage of your Materials in the fulfilment of the services you have requested from FMN. In the case of submissions to Film Music Network or other job opportunities we publish, these services are limited to the review and consideration of your music for the job(s) or opportunities you have submitted your Materials for. In the case of DemoCheck.com music reviews, these services are limited to providing you with a review of your music and/or music performance from a music reviewer.
(d) That at all times, you retain ownership of your Materials. At no time is ownership in your Materials in any way transferred, temporarily or permanently, to FMN. No license for usage is granted to FMN or our clients, music reviewers in the Mateirals you submit beyond that which is necessary and specified herein only for the consideration and review of your Materials. No license to use your Materials in any album, film, television, or other type of commercial or noncommercial audio or audiovisual release is granted as a result of your submission of Materials to FMN.
(e) That no other rights, approvals, consents, licenses and/or permissions are required from any other person or entity to submit your Materials on the terms provided herein or to grant FMN the nonexclusive licenses set forth herein.
(f) That your Materials are original; that your Materials were either created solely by you or, by written assignment, you have acquired all worldwide intellectual property rights in and to your Materials; that if your Materials contain any "samples" or excerpts from copyrightable work the rights to which are owned in whole or in part by any person or entity other than you, that you have obtained and hold all rights, approvals, consents, licenses and/or permissions, in proper legal form, necessary to use and include such work in your Materials; and that your Materials do not otherwise infringe on the intellectual property rights of any person or entity.
(g) That neither your Materials nor any comments or reviews you post on the Site violate any common law or statutory patent, copyright, privacy, publicity, trademark or trade secret rights of any person or entity and are not libelous, defamatory, obscene or otherwise actionable at law or equity.
(h) That you have neither intentionally nor with gross negligence submitted any Materials containing or producing any virus or other harmful code or other information that could damage or otherwise interfere with our computer systems or data and/or that of our customers.
(i) You agree to sign and deliver to FMN any additional documents that FMN may request to confirm FMN’s rights and your warranties and representations under this Agreement.
(j) You acknowledge that FMN is relying upon the representations, warranties and covenants you have made herein. You agree to and hereby do indemnify FMN, its licensees, assigns and customers against, and hold them harmless from, any loss, expense (including reasonable attorney fees and expenses), or damage occasioned by any claim, demand, suit, recovery, or settlement arising out of any breach or alleged breach of any of the representations, warranties or covenants made herein or arising out of any failure by you to fulfill any of the representations, warranties, or covenants you have made herein.
(k) All representations, warranties or covenants made herein by you shall survive termination of this Agreement.
(l) All warranties and representations made by you herein are made for the benefit of FMN and its sub-licensees and may be enforced separately by FMN and/or by any contractually designated sub-licensee of FMN.
Membership in FMN Networks, Organizations and Associations, and Downloadable Publication Subscriptions
By joining or accessing any of our paid membership sites,("Site"), you agree to be legally bound and to abide by the following terms and conditions in addition to the other terms and conditions stated in this document:
(a) Scope of membership or subscription agreement: Under this Agreement ("Agreement"), FMN furnishes online information and services (the "Service") to registered/active members or authorized users ("you", "your" or "member") in one monthly, 6-month, or annual intervals after the initial term in the case of memberships, and one (1) year intervals in the case of annual online publication premium listings. By accepting the Terms and Conditions when registering or if you use the Service or Site in any way, you agree to be bound by this Agreement. The term "use" means the use and availability of, access to, transmission to or from or any exchange of information or communication in connection with or arising from the Service. This entire agreement between you and us, supersedes prior agreements regarding its subject matter. Whenever new services become available, your use of them will be under this Agreement unless we notify you otherwise. You must comply with any additional terms which apply to third-party content, products, information or other services. We may change this Agreement at any time as we desire, without notification. By continuing to use the Service, you agree to be bound any new version of the Agreement.
(b) All Sales are Final. We have a NO REFUND POLICY. Once you submit your order for Membership or Subscription, it is non-refundable. Unfortunately, we have had to adopt this policy because of a few dishonest individuals. All memberships are automatically renewed at the end of their term. By joining any of our membership sites, you agree and understand that this is an Automatic Renewing Membership and cancellation must be made no later than 14 days in advance of the renewal date. To cancel your auto-renewing account, i.e. set your account for non-renewal, go to our Member Services online page and follow the instructions. You will receive a confirmation email but we suggest you print out the verification page when completed as well. All annual premium listings are automatically renewed at the end of their one year term. By purchasing any of our annual premium listings, you agree and understand that this is an Automatic Renewing One (1) Year Subscription and cancellation must be made no later than 14 days in advance of the renewal date. To cancel your auto-renewing publication subscription, i.e. set your account for non-renewal, go to our Member Services online page and follow the instructions. You will receive a confirmation email but we suggest you print out the verification page when completed as well.
(c) DISPUTE/CONTESTING OF CHARGE(S) Policy: You agree to not to dispute or contest any valid charge(s). You agree to the all terms for billing and policies detailed in these Terms & Conditions. If you question the validity of a charge or charges, you agree to first contact us, primarily by emailing us at admin@FMNcorp.com with your complaint or question. This will allow for resolution in accordance to the Terms and Conditions set forth in this agreement. If the dispute/contest is not resolved and you, the user/member, dispute our charge or charge(s) to your bank or credit card company then: 1) Your membership will be terminated immediately without any refund; AND, 2) If the charge(s) is/are found to be valid, then you authorize FMN to charge the member's credit card for any amount outstanding PLUS a $75.00 per dispute administrative fee. Any further disputes after this will incur the same process, and eventually will be handled by our attorneys (to which their fees will be added to the outstanding amounts). By joining any of our membership sites, you agree and authorize these potential remedy fees.
(d) Scope of Service: Our membership sites and online publications provide informational and educational data for users. You assume complete liability for any use of the information contained within this site. All information provided by FMN is obtained from sources believed to be accurate and reliable. Due to the number of sources from which information on our sites is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions, or inaccuracies in such information. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE SERVICE.
(e) Membership/Subscriber Information: You will provide us with accurate and complete registration information and advise us promptly of any changes. If you do not, you will be in breach of this Agreement allowing us to immediately terminate your Membership or Subscription and use of the Service. When you register, you will receive a user name and password which we may assign or allow you to select.
(f) Copyright and Limitations on Use: Information, including job listings, published on our Sites is property of FMN and may only be displayed, formatted and printed for your use. You agree not to reproduce, distribute, sell, publish, broadcast, or circulate any information received through FMNsies to anyone without our prior written consent. You may not post any content from FMN sites to news groups, mail lists or electronic bulletin boards, without our prior written consent. Copying and/or electronic transmission of any content of the Service is a violation of copyright law. Reproductions or storage of information or works retrieved from this Site, in all forms, media and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code.
(g) You also agree that you will not give out log-ins and/or passwords to other users. We reserve the right to cancel any Membership or Subscription, without refund, if we discover that a Membership or Subscription account is being used by more than one person, or if a log-in/password is given to another person.
User Comments and Feedback including Message Board Posts
All comments, feedback, suggestions and ideas disclosed, submitted or offered to FMN in any way or in connection with your use of this Site (collectively, "Comments"), shall be and remain the exclusive property of FMN and may be used in any medium and for any purpose worldwide without obtaining your specific consent. Your name may be used with any Comments you submit. Although this is rare and consent is usually asked for and obtained. The Service is not under any obligation to maintain your Comments (and the use of your name with any comments) in confidence, to pay to you any compensation for any Comments submitted or to respond to any of your Comments. You agree that you will be solely responsible for the content of any Comments you make. In our sole discretion, any Comments we consider offensive, improper or inappropriate, may be modified or deleted, and can, at our discretion, result in immediate termination of your membership without refund.
Right to Refuse to Accept Listings, Advertisements, or any other Submission
FMN reserves the right to refuse to accept any directory listing, job posting, music submission, posting, advertising, promotion, or any other materials at its sole discretion. If a submission of any kind is refused by FMN, FMN will refund all submissions feees paid to FMN within 5 business days of notice to submitter of declined acceptance. FMN is not responsible for any damages of any kind resulting from declined submissions of any kind.
Copyrighting Your Submissions
All persons and companies submitting music, writing, or any other kind of copyrightable material are urged to copyright the material prior to submission. FMN is not responsible for any copyright damages, abuse or copying of submitted materials, or any other losses or damages resulting from submission of materials to our reviewers or staff. For more information on copyrighting your music, visit http://www.copyright.gov/register/
Failure to Access FMN Services or Websites
You agree that we are not responsible for your inability to logon or access in any way FMN services or websites for any reason, including poor Internet connections, incorrect typing of log-ins or passwords, browser incompatibility, or hardware or software inaccessibility. We will make every effort to ensure that our servers remain operational with adequate performance and response time. However, there may be times when our servers are down or response time is slow due to power outages, network problems, regular maintenance, or high traffic volumes. You agree that neither we, nor our suppliers, are responsible or liable, for any loss or damage caused by your inability to use or access the Service, whether or not caused in whole or part by our negligence.
You agree that this Agreement has the same legal force and effect as a written contract with your written signature and that it satisfies any laws that require a writing or signature, including any applicable Statute of Frauds. You further agree that you shall not challenge the validity, enforceability or admissibility of this Agreement on the grounds that it was electronically transmitted or authorized. A printed version of this Agreement shall be admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You acknowledge that you have had the opportunity to print this Agreement.
Disclaimer of Warranties
(a) You acknowledge that the Site and Services may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and that FMN shall not be responsible to you or others for any such interruptions, errors or problems or for discontinuance of any FMN Service.
(b) A possibility exists that any Service or Site could include inaccuracies or errors, or information or materials that violate this Agreement. Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Site or any Service. Although we attempt to ensure the integrity of the Sites and Services, we make no guarantees as to their completeness or correctness. In the event that a situation arises in which a Site's or any Services’ completeness or correctness is in question, you agree to contact us including, if possible, a description of the material to be checked and the location (URL) where such material can be found, as well as information sufficient to enable us to contact you. We will make best efforts to address your concerns as soon as reasonably practicable.
(c) Any Site and any Service may be discontinued at any time, with or without reason or cause.
(d) FMN disclaims any and all responsibility for the deletion, failure to store, misdelivery or untimely delivery of any information or Material. FMN disclaims any and all responsibility for harm resulting from downloading or accessing any information or Material on the Internet or through any FMN site.
(e) FMN SITES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FMN AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. FMN AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ANY AND ALL WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF ANY FMN SERVICE. FMN AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ANY AND ALL WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SITES OR SERVICES. NO OPINION, ADVICE OR STATEMENT OF FMN OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. FMN AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ANY AND ALL WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS APPEARING ANYWHERE ON THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED ANYWHERE ON THE SITE.
(f) FMN AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITES OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVER(S) ON WHICH THE SITES IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITES AND SERVICES, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND ANY SERVICE AND YOUR RELIANCE THEREON. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL, INFORMATION OR DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL, INFORMATION OR DATA.
(g) SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION. PROVIDED, HOWEVER, THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW YOU HEREBY WAIVE THE PROVISIONS OF ANY STATE LAW LIMITING OR PROHIBITING SUCH EXCLUSIONS.
Limitation of Liability
(a) NEITHER FMN NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES (TOGETHER, FOR PURPOSES OF THIS SECTION, “FMN”), ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, WARRANTY, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO USE OR MISUSE OF OR RELIANCE ON THE SITE OR ANY FMN SERVICE OR ANY LINKED SITE, EVEN IF FMN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL FMN ’S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITES AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND/OR RELIANCE ON THE SITE OR ANY FMN SERVICE, FROM INABILITY TO USE THE SITE OR ANY FMN SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR ANY FMN SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED AT, IN OR THROUGH THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE OR ANY FMN SERVICE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, AND LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NONPERFORMANCE OF THE SITE OR ANY FMN SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE OR ANY FMN SERVICE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
(b) SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. PROVIDED, HOWEVER, THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW YOU HEREBY WAIVE THE PROVISIONS OF ANY STATE LAW LIMITING OR PROHIBITING SUCH EXCLUSIONS OR LIMITATIONS.
(c) WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL FMN BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, EPIDEMIC, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
This Agreement constitutes the entire agreement between you and FMN regarding your use of the Services on the Web site from which you accessed this Agreement. This Agreement supersedes all previous and contemporaneous oral and written agreements between you and FMN regarding your use of the Services on the Web site from which you accessed this Agreement.
You agree that this Agreement and any claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.