The following Terms of Use govern your use of the Falmouth Institute, Inc. (“Falmouth”) website (the “Site”). Your use of the Site constitutes your acceptance of and your agreement to follow and be bound by these Terms of Use without modification. Falmouth requests that you carefully read the Terms of Use provided below before using the Site. If any of these Terms of Use are not acceptable to you for any reason, you must exit immediately and discontinue using the Site.
Falmouth’s License for You to Use the Site
Falmouth grants you permission to view and to use the Site and to print individual pages from the Site subject to the restrictions set forth below. The Site and its contents are for your personal and non-commercial use only. The Site is not intended for children under the age of 13. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information obtained from the Site. Without the prior written consent of Falmouth, you may not (a) modify the content of the Site for any purpose, (b) remove any copyright notice or other proprietary notices from the content of the Site, (c) transfer the content of the Site to another person or (d) allow any one else to copy any portion of the content of the Site.
No Unlawful or Prohibited Use
As a condition of your use of the Site, you represent and warrant to Falmouth that you will not use the Site or any of the content of the Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. Content provided on the Site is to be used for informational purposes only. Falmouth makes no representations about the suitability of such content for any purpose.
Changes to the Site and Terms of Use
Falmouth reserves the right to change, move or delete portions of or add to the Site and these Terms of Use from time to time without prior notice to you. Your use of the Site following any such changes constitutes your agreement to follow and to be bound by such terms as changed. For that reason, Falmouth recommends that you read these Terms of Use each time you visit the Site.
Product and Service Information on the Site
Unless indicated otherwise, the services described on the Site are available directly from or through Falmouth. Falmouth has made a conscientious effort to display and describe its services on the Site accurately so that you can get a good idea of the nature, character and implementation of the services offered. Falmouth is constantly improving its services in response to market demands and conditions.
Links to Other Websites
The Site may contain links to other websites. Falmouth is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Falmouth of the site or any association with its operators. While Falmouth will make every effort to ensure that these websites will meet your approval, Falmouth does not have control over, and is in no manner responsible or liable for, the availability and content of the websites to which the Site is linked. Falmouth is not responsible for webcasting or any other form of transmission received from any linked website. Any concerns regarding any product or service offered by a website to which the Site is linked or the link itself should be directed to the operator of that specific website and not to Falmouth.
Falmouth Owns the Contents of the Site
Except as otherwise noted, all information, trademarks, trade dress, content, and other materials on the Site, except proprietary material contained in websites linked to the Site (“Falmouth Proprietary Material”) is the exclusive property of Falmouth. Falmouth Proprietary Material includes, but is not limited to, the Falmouth service mark and the Falmouth Inc. logo, images, illustrations, designs, icons, photographs, and written information that appears on the Site. Falmouth Proprietary Material is protected by applicable worldwide intellectual property rights and, except as provided by these Terms of Use, Falmouth grants no express or implied right to use any Falmouth Proprietary Material.
Copyrights and Trademarks
Excepted as otherwise noted, all contents of the Site are: Copyright © 2000 Falmouth, Inc. References throughout this website to terms that appear with ™ (SM) or ® markings are considered proprietary trademarks, service marks and trade names owned by Falmouth. All rights not expressly granted herein are reserved by Falmouth.
Third Party Copyrighted Images
Some images that appear on the Site have been licensed from third parties. The intellectual property rights associated with these images, including the copyrights, are the exclusive property of these third party licensors and Falmouth does not own any right, title or interest therein.
Falmouth Owns Information, Suggestions, Ideas, etc. That You Submit
Any comments, suggestions, information, ideas or other submissions that you provide to Falmouth by using the Site or which are otherwise provided to Falmouth in connection with your use of the Site will become Falmouth’s property. The act of providing any such suggestion, ideas, information, feedback, or materials constitutes an assignment to Falmouth of all worldwide right, title and interest, including copyright and other intellectual property rights, in and to the material and information you provide to Falmouth. Falmouth will be under no obligation whatsoever to use, respond to or pay any compensation with respect to any idea, information, submission or suggestion provided by you and may remove or delete any such idea, information, suggestion or submission at any time in Falmouth’s sole discretion. No information, material, or comment provided to Falmouth by you through the Site may contain vulgar, obscene, threatening or otherwise unlawful language or material. By providing any comment, information, suggestion, idea or other submission to Falmouth, you represent and warrant that you own or otherwise control all of the rights to such comments, suggestions, ideas, information or submissions including, without limitation, all the rights necessary for you to provide the such comments, suggestions, ideas or submissions to Falmouth and for Falmouth to use, copy, reproduce, modify, create derivative works from, transfer, distribute, perform, publish, license or sell the same.
Disclaimer
You assume all responsibility and risk for the use of the site and the internet generally. Falmouth makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information contained on the site for any purpose. All information provided on the site is provided “as is” without any express or implied warranty of any kind. Falmouth hereby disclaims all warranties and conditions with regard to this information including, without limitation, warranties of merchantability, fitness for a particular purpose, noninfringement of intellectual property rights or other proprietary rights, and freedom from errors, viruses, bugs, or other harmful components. In no event will falmouth be liable for any damages whatsoever (including, without limitation, any special, punitive, incidental, indirect or consequential damages or damages resulting from loss of use of data, or profits, or business interruption) arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site, or for any information obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if falmouth 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 site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the site.
Indemnification by You
By using the Site, you agree to indemnify, defend and hold harmless Falmouth, its employees, directors, officers, agents and affiliates from and against any and all claims, damages and costs, including reasonable attorneys’ fees and related expenses, arising from or related to your use of the Site or the material provided therein, any breach by you of these Terms of Use and any use by Falmouth or its related companies of information provided by you.
Termination/Access Restriction
Falmouth reserves the right, in its sole discretion, to terminate your access to any or all of the Site or any portion thereof at any time, without notice.
Privacy Policy
You may submit personal or company information to Falmouth through the Site. The use of such information is governed by the Falmouth Privacy Policy
General
The Site is controlled and operated by Falmouth from its offices in Fairfax, Virginia. This agreement will be construed in accordance with the laws of the state of Virginia without regard to any conflict of law provisions. Any dispute arising by virtue of your use of the Site or any material found thereon will be resolved exclusively by, and you hereby agree to the exclusive jurisdiction of, the state and federal courts in Fairfax County, Virginia. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Falmouth as a result of this agreement or use of the Site. Falmouth’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Falmouth’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Falmouth 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 Falmouth with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Falmouth with respect to the Site. In the event that any of these Terms of Use conflict with the any other terms and guidelines contained within the Site, then these Terms of Use shall control. 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 and subject to the same conditions as other business documents and records originally generated and maintained in printed form.