Welcome to the F2Labs.com website (the “Site”)!
The Site is owned and operated by F2 Labs (“F2”) to provide you with access to additional information about F2, its services, and the features and services of the Site (such as embedded video, postings, etc.), subject to the following Terms of Use (“Terms”). Please read these Terms carefully before using the Site.
1. Acceptance.
By accessing and using the Site, you accept and agree to be legally bound by the terms and conditions contained in these Terms. If you do not agree to these Terms, you should not access or use the Site.
a. Changes to Terms. F2 reserves the right to modify, amend, update, or delete these Terms at any time and for any reason without notice to you. Any such modifications, amendments, updates or deletions will be effective immediately upon posting. Your continued use of the Site after such posting shall be deemed to constitute acceptance by you of the changes. Also, F2 may change or discontinue any aspect, service or feature of the Site (e.g., content, availability, etc.) at any time.
b. Language. You agree that the English language will govern your usage of the Site.
2. Use.
The Site is provided for your personal information and non-commercial use and commercial use is strictly prohibited without the prior written consent of F2 is strictly prohibited. You agree to use the Site only for purposes that are lawful and permitted by the Terms. You specifically agree not to access (or attempt to access), or systematically retrieve data from, any part of the Site through any automated means (including use of scripts, bots or web crawlers). Gathering data from the Site through harvesting or automated means is strictly prohibited. You agree that you will not engage in any activity that interferes with or disrupts the Site or interferes with any other party’s use and enjoyment of the Site.
2. IP in Site.
You acknowledge that the Site contains text, software, logos, slogans, photos, video, graphics, music and sound, and other content (collectively “IP”) that is protected by copyright, trademark, trade dress, patent, trade secret and/or other intellectual or proprietary rights. The IP and all rights therein are the exclusive property of F2. Without limiting the generality of the foregoing, F2 owns copyright in the selection, coordination, arrangement and enhancement of such IP, as well as in the content original to it. You may not copy, modify, decompile, reverse engineer, publish, distribute, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the IP in whole or in part without the express written consent of F2 or as otherwise expressly permitted by applicable law. You acknowledge that you do not acquire any ownership rights in the IP by use of the Site.
You agree that F2’s trademarks, certification marks, trade names, service marks and other F2 logos and brand features (collectively, “F2 Marks”) are the exclusive property of F2. Without F2’s prior written consent, you agree not to use the F2 Marks in any manner. Without limiting the generality of the foregoing, nothing herein shall be construed as granting you any rights to use any F2 Marks, including, for the avoidance of doubt, any certification marks.
4. Publicity.
The Site may include advertisements and promotions from third parties. Your interaction with such third parties, and any terms, conditions, warranties or representations associated with such interactions, are solely between you and such third party. F2 is not responsible or liable for any loss or damage of any sort incurred as the result of any such interactions or as the result of the presence of third-party advertisers on the Site.
5. Third Party Websites.
For your convenience, the Site may include, or third parties may provide, links to other websites or resources. You acknowledge and agree that F2 is not responsible for the availability of or content of such external sites and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that F2 shall not be responsible or liable, directly or indirectly, under contract, tort (including negligence) or otherwise, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
6. Disclaimer; Limitations of Liability.
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. F2 AND EACH OF ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUBCONTRACTORS, DIRECTORS, PARTNERS, CONTENT PROVIDERS AND LICENSORS EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. AND, WITH RESPECT TO THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE.
NEITHER F2 NOR ANY OF ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUBCONTRACTORS, DIRECTORS, PARTNERS, CONTENT PROVIDERS OR LICENSORS ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF USERS OF THE SITE OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
EXCEPT TO THE EXTENT PROHIBITED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT F2 AND EACH OF ITS OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, DIRECTORS, AGENTS, PARTNERS, CONTENT PROVIDERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF F2 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (V) ANY OTHER MATTER RELATING TO THE SITE.
7. Indemnities; Termination of Use.
You agree to indemnify and hold F2 and each of its trustees, officers, employees, agents, contractors, subcontractors, directors, partners, content providers and licensors harmless from any claim or demand, including reasonable attorneys’ fees, due to, arising out of or in any way relating to: (A) IP you submit, post, transmit, modify or otherwise make available through the Site; (B) your use of the Site; (C) your violation of these Terms; or (D) your violation of any rights of another.
F2 may terminate, limit or suspend your access to the Site at any time without notice to you. Grounds for such termination, limitation of access or suspension include without limitation: (A) breaches or violations of these Terms (including any Additional Terms); (B) requests by law enforcement or other government agencies; (C) discontinuance or material modification to the Site (or any part thereof); (D) unexpected technical or security issues or problems; and/or (E) engagement by you in fraudF2ent or illegal activities. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in F2’s sole discretion and that F2 shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Site.
8. Dispute Resolutions.
By using this Site, you agree that: (1) any claim, dispute, or controversy You may have against F2 arising out of, relating to, or connected in any way with these Terms or the Site, shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”); (2) the arbitration shall be held in Montgomery County, Maryland; (3) the arbitrator shall apply Maryland law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or F2’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; and (5) with the exception of subpart (4) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (4) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor F2 shall be entitled to arbitrate their dispute. IN ANY CASE WHERE A DISPUTE ARISING UNDER THIS PARAGRAPH CANNOT BE ARBRTRATED, THE PARTIES AGREE TO WAIVE THEIR RESPECTIVE RIGHT TO A TRIAL BY JURY.
For more information on AAA and its Rules and Procedures, you may visit the AAA website at http://www.adr.org.
9. Privacy Policy.
You agree to the use of your data in accordance with F2’s Privacy Policy, which can be accessed at https://f2labs.com/privacy.
10. International Access.
The Site is administered from the United States. Any materials published on the Site may refer to products, programs, or services that are not available in your country. Furthermore, F2 makes no representation that the Site is appropriate or available for use at other locations outside of the United States. Access to the Site from territories where the Site’s content is illegal is prohibited.
You may not use the Site or export information and materials in violation of the export laws of the United States or any other country. If you access the Site from a location outside of the United States, you are responsible for compliance with all applicable laws, including laws related to export controlled information and data privacy.
11. Other Matters.
a. Governing Law and Venue. You and F2 each agree that these Terms and the relationship between the parties shall be governed by the laws of the state of Maryland, USA without regard to any conflict of law provisions or rules and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to these Terms, or the relationship between you and F2, shall be brought exclusively in the courts located in Montgomery County, Maryland or the U.S. District Court located in Montgomery County, Maryland. You and F2 each agree to submit to the exclusive personal jurisdiction of the courts located within Montgomery County, Maryland or the U.S. District Court located in Montgomery County, Maryland, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
b. Entire Agreement. These Terms constitute the entire agreement between you and F2 and governs your use of the Site, superseding any prior version of these Terms between you and F2 with respect to the Site. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. The section titles in these Terms are for convenience only and have no legal or contractual effect.
c. Separate Agreements. You may have other agreements with F2. Those agreements are separate and in addition to these Terms. These Terms do not modify, revise or amend the terms of any other agreements you may have with F2.
d. No Professional Advice. THE INFORMATION AVAILABLE ON THE SITE IS INTENDED TO BE A GENERAL INFORMATION RESOURCE REGARDING THE MATTERS COVERED AND IS NOT TAILORED TO YOUR SPECIFIC CIRCUMSTANCE. YOU SHOULD NOT CONSTRUE THIS AS LEGAL OR PROFESSIONAL ADVICE. USE OF THE INFORMATION ON THIS SITE IS AT YOUR OWN RISK.
e. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
f. Waiver and Severability of Terms. The failure of F2 to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
g. More Information. If You would like a copy of these Terms or to obtain any other information, please contact us at F2 Labs, Attn: Legal, 26501 Ridge Rd. Damascus, MD 20872, afuster@f2labs.com.