Last
Modified: 10/13/2022
Acceptance of the Terms of Use
These
terms of use are entered into by and between You and Fucitech,
Inc. (”Company,” “we,” or “us”).
The following terms and conditions, together with any
documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of https://fucitechlegal.com including any content,
functionality, and services offered on or through https://fucitechlegal.com (the
“Website”), whether as a guest or a
registered user.
Please
read the Terms of Use carefully before you start to use the Website. By using the Website, you accept
and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://fucitechlegal.com/privacypolicy,
incorporated herein by reference. If you do not want to agree to
these Terms of Use or the Privacy Policy, you must not access or use the Website.
This
Website is offered and available to
users who 18 years of age or older and reside in the United States or any of
its territories or possessions. By using this Website, you
represent and warrant that you are of legal age to form a binding contract with
the Company and meet all of the foregoing eligibility requirements. If you do
not meet all of these requirements, you must not access or use the Website.
Changes to
the Terms of Use
We
may revise and update these Terms of Use from time to time in our sole discretion. All changes are
effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any
changes to the dispute resolution provisions set out in Governing Law and
Jurisdiction will not apply to any disputes for which the parties have actual
notice on or before the date the change is posted on the Website.
Your
continued use of the Website following the posting of revised Terms of Use means that you accept and agree to
the changes. You are expected to check this page from time to time so you are
aware of any changes, as they are binding on you.
Accessing the Website and Account
Security
We
reserve the right to withdraw or amend this Website, and any
service or material we provide on the Website, in our
sole discretion without notice. We will not be liable if for any reason all or
any part of the Website is unavailable at any time
or for any period. From time to time, we may restrict access to some parts of
the Website, or the entire Website, to users,
including registered users.
You
are responsible for both:
•
Making all arrangements necessary for you to have access to the Website.
•
Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
To
access the Website or some of the resources it
offers, you may be asked to provide certain registration details or other
information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information
you provide to register with this Website or
otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all
actions we take with respect to your information consistent with our Privacy
Policy.
If
you choose, or are provided with, a user name, password, or any other piece of
information as part of our security procedures, you must treat such information
as confidential, and you must not disclose it to any other person or entity.
You also acknowledge that your account is personal to you and agree not to
provide any other person with access to this Website or portions
of it using your user name, password, or other
security information. You agree to notify us immediately of any unauthorized
access to or use of your user
name or password or any other breach of security. You also agree to ensure that
you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or
shared computer so that others are not able to view or record your password or
other personal information.
We
have the right to disable any user name, password, or other identifier, whether
chosen by you or provided by us, at any time in our sole discretion for any or
no reason, including if, in our opinion, you have violated any provision of
these Terms of Use.
Intellectual Property Rights
The
Website and its entire contents,
features, and functionality (including but not limited to all information,
software, text, displays, images, video, and audio, and the design, selection,
and arrangement thereof) are owned by the Company, its licensors, or other providers
of such material and are protected by United States and international
copyright, trademark, patent, trade secret, and other intellectual property or
proprietary rights laws.
These
Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create
derivative works of, publicly display, publicly perform, republish, download,
store, or transmit any of the material on our Website, except as follows:
•
Your computer may temporarily store copies of such materials in
RAM incidental to your accessing and viewing those materials.
•
You may store files that are automatically cached by your Web
browser for display enhancement purposes.
•
You may print or download one copy of a reasonable number of pages
of the Website for your own personal,
non-commercial use and not for further reproduction,
publication, or distribution.
•
If we provide desktop, mobile, or other applications for download,
you may download a single copy to your computer or mobile device solely for
your own personal, non-commercial use, provided
you agree to be bound by our end user license agreement for such applications.
You must
not:
•
Modify copies of any materials from this site.
•
Use any
illustrations, photographs, video or audio sequences, or any graphics
separately from the accompanying text.
•
Delete or alter any copyright, trademark, or other proprietary
rights notices from copies of materials from this site.
You
must not access or use for any commercial purposes any
part of the Website or any services or materials
available through the Website.
If
you wish to make any use of material on the Website other than that set out in this section, please address your
request to: info@fucitech.com.
If
you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or
destroy any copies of the materials you have made. No right, title, or interest
in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are
reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright,
trademark, and other laws.
Trademarks
The
Company name, the terms “Fucitech”
or “Fucitechlegal” and all related names, logos,
product and service names, designs, and slogans are trademarks of the Company
or its affiliates or licensors. You must not use such marks
without the prior written permission of the Company. All other names, logos,
product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
Prohibited Uses
You
may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
•
In any way that violates any applicable federal, state, local, or
international law or regulation (including, without limitation, any laws
regarding the export of data or software to and from the US or other
countries).
•
For the purpose of exploiting, harming, or attempting to exploit
or harm minors in any way by exposing them to inappropriate content, asking for
personally identifiable information, or otherwise.
•
To transmit, or procure the sending of, any advertising or
promotional material without our prior written consent, including any “junk
mail,” “chain letter,” “spam,” or any other similar solicitation.
•
To impersonate or attempt to impersonate the Company, a Company
employee, another user, or any other person or entity (including, without
limitation, by using email addresses or screen names associated with any of the
foregoing).
•
To engage in any other conduct that restricts or inhibits anyone’s
use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of
the Website, or expose them to
liability.
Additionally,
you agree not to:
•
Use the Website in any manner that could disable, overburden, damage, or impair
the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities
through the Website.
•
Use any robot,
spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the
material on the Website.
•
Use any manual
process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written
consent.
•
Use any device,
software, or routine that interferes with the proper working of the Website.
•
Introduce any viruses, Trojan horses, worms, logic bombs, or other
material that is malicious or technologically harmful.
•
Attempt to gain unauthorized access to, interfere with, damage, or
disrupt any parts of the Website, the server
on which the Website is stored, or any server,
computer, or database connected to the Website.
•
Attack the Website via a
denial-of-service attack or a distributed denial-of-service attack.
•
Otherwise attempt to interfere with the proper working of the Website.
Monitoring and Enforcement; Termination
We
have the right to:
•
Remove or refuse to post any User Contributions for any or no
reason in our sole discretion.
•
Take any action with respect to any User Contribution that we deem
necessary or appropriate in our sole discretion, including if we believe that
such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual
property right or other right of any person or entity, threatens the personal
safety of users of the Website or the public, or could
create liability for the Company.
•
Disclose your identity or other information about you to any third
party who claims that material posted by you violates their rights, including
their intellectual property rights or their right to privacy.
•
Take appropriate legal action, including without limitation,
referral to law enforcement, for any illegal or unauthorized use of the Website.
•
Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation
of these Terms of Use.
Reliance on
Information Posted
The
information presented on or through the Website is made
available solely for general information purposes. We do not warrant the
accuracy, completeness, or usefulness of this information. Any reliance you
place on such information is strictly at your own risk. We disclaim all
liability and responsibility arising from any reliance placed on such materials
by you or any other visitor to the Website, or by
anyone who may be informed of any of its contents.
This
Website includes content provided by
third parties, including materials provided by other users, bloggers, and
third-party licensors, syndicators, aggregators, and/or reporting services. All
statements and/or opinions expressed in these materials, and all articles and
responses to questions and other content, other than the content provided by
the Company, are solely the opinions and the responsibility of the person or
entity providing those materials. These materials do not necessarily reflect
the opinion of the Company. We are not responsible, or liable to you or any
third party, for the content or accuracy of any materials provided by any third
parties.
Changes to the Website
We
may update the content on this Website from time
to time, but its content is not necessarily complete or up-to-date. Any of the
material on the Website may be out of date at any
given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
All
information we collect on this Website is subject
to our Privacy Policy. By using the Website, you
consent to all actions taken by us with respect to your information in
compliance with the Privacy Policy.
Linking to
the Website and Social
Media Features
You
may link to our homepage, provided you do so in a way that is fair and legal
and does not damage our reputation or take advantage of it, but you must not
establish a link in such a way as to suggest any form of association, approval,
or endorsement on our part without our express written consent.
This
Website may provide certain social
media features that enable you to:
•
Link from your own or certain third-party websites to certain content on this Website.
•
Send emails or other communications with certain content, or links
to certain content, on this Website.
•
Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain
third-party websites.
You
may use these features solely as they are
provided by us and solely with respect to the content they are displayed with, and
otherwise in accordance with any additional terms and
conditions we provide with respect to such features. Subject to the foregoing,
you must not:
•
Establish a link from any website that is not
owned by you.
•
Cause the Website or portions of it to be
displayed on, or appear to be displayed by, any other site, for example,
framing, deep linking, or in-line linking.
•
Link to any part of the Website other than
the homepage.
•
Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.
You
agree to cooperate with us in causing any unauthorized framing or linking
immediately to stop. We reserve the right to withdraw linking permission
without notice.
We
may disable all or any social media features and any links at any time without
notice in our discretion.
Links from the Website
If
the Website contains links to other
sites and resources provided by third parties, these links are provided for
your convenience only. This includes links contained in advertisements,
including banner advertisements and sponsored links. We have no control over
the contents of those sites or resources, and accept no responsibility for them
or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so
entirely at your own risk and subject to the terms and
conditions of use for such websites.
Geographic
Restrictions
The
owner of the Website is based in the State of New
York in the United States. We provide this Website for use only by persons located in the United States. We make no claims
that the Website or any of its content is
accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If
you access the Website from outside the United
States, you do so on your own initiative and are responsible for compliance
with local laws.
Disclaimer
of Warranties
You
understand that we cannot and do not guarantee or warrant that files available
for downloading from the internet or the Website will be
free of viruses or other destructive code. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your particular requirements
for anti-virus protection and accuracy of data input and output, and for
maintaining a means external to our site for any reconstruction of any lost
data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS
OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER
TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT,
COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS
OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF
ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO
IT.
YOUR
USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS
CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY
PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH
RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR
AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE
FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY
REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS
CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT
DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO
THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT
NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS
FOR PARTICULAR PURPOSE.
THE
FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED
UNDER APPLICABLE LAW.
Limitation
on Liability
TO
THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY
OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS,
SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY
(REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE)
EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE CONTENT, OR SERVICE
IN THE LAST 12 MONTHS OUT OF WHICH LIABILITY AROSE.
The
limitation of liability set out above does not apply to liability resulting
from our gross negligence or willful misconduct or death or bodily injury
caused by products you purchase through the site.
THE
FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED
UNDER APPLICABLE LAW.
Indemnification
You
agree to defend, indemnify, and hold harmless the Company, its affiliates,
licensors, and service providers, and its and their respective officers,
directors, employees, contractors, agents, licensors, suppliers, successors,
and assigns from and against any claims, liabilities, damages, judgments,
awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees)
arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited
to, your User Contributions, any use of the Website’s content, services, and products other than as expressly
authorized in these Terms of Use, or your use of any information obtained from
the Website.
Governing
Law and Jurisdiction
All
matters relating to the Website and these Terms of Use, and any dispute or claim arising
therefrom or related thereto (in each case, including non-contractual disputes
or claims), shall be governed by and construed in accordance with the internal
laws of the State of New York without giving effect to any choice or conflict
of law provision or rule (whether of the State of New York or any other
jurisdiction).
Any
legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the
United States or the courts of the State of New York, in each case located in
the City of New York and County of New York, although we retain the right to
bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or
any other relevant country. You waive any and all objections to the exercise of
jurisdiction over you by such courts and to venue in such courts.
Arbitration
At
Company’s sole discretion, it may require You to submit any disputes arising
from these Terms of Use or use of the Website, including disputes arising from or concerning their
interpretation, violation, invalidity, non-performance, or termination, to
final and binding arbitration under the Rules of Arbitration of the American
Arbitration Association applying New York law.
Limitation
on Time to File Claims
ANY
CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION
ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and
Severability
No
waiver by the Company of any term or
condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or
provision under these Terms of Use shall not constitute a waiver of such right or provision.
If
any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to
be invalid, illegal, or unenforceable for any reason, such provision shall be
eliminated or limited to the minimum extent such that the remaining provisions
of the Terms of Use will continue in full force and effect.
Entire
Agreement
The
Terms of Use and our Privacy Policy, constitute the sole and entire agreement
between you and Fucitech, Inc. regarding the Website and supersede all prior and contemporaneous understandings,
agreements, representations, and warranties, both written and oral, regarding
the Website.
Your
Comments and Concerns
This
website is operated by Fucitech, Inc.
All
notices of copyright infringement claims should be sent to the copyright agent
designated in our Copyright Policy in the manner and by the means set out
therein.
All
other feedback, comments, requests for technical support, and other
communications relating to the Website should be
directed to: info@fucitech.com.