The FPDA Motion & Control Network represents motion solution providers of fluid power, automation, and electro-mechanical technologies and distribution services designed to enhance customer performance and profitability.

Terms of Use

Terms of Use/Legal Notice, revised and effective as of June 1, 2008

This site provides FPDA Members (each, a “FPDA Member” or “FPDA Member Company”) through their employees and other third-party Users accessing the public portions of this Website with information about the Fluid Power Distributors Association, dba The FPDA Motion & Control Network. Please review these Terms and Conditions of Use of the FPDA Website, including any policies such as the Privacy Policy, the Claims of Copyright Infringement Policy and the Acceptable Use Policy, message boards, e-mail forms or other such mechanisms (the “Website” or “FPDA Website”), all of which collectively govern your use of and access to all of the Website and any and all content, data and information contained therein (hereinafter, the “Terms of Use”). Each employee of a FPDA Member Company entering into these Terms of Use represents and warrants that he/she is authorized by his/her FPDA Member Company to enter into these Terms of Use on behalf of his/her FPDA Member Company and, individually and on behalf of such FPDA Member Company, agrees to these Terms of Use (hereinafter, each FPDA Member Company (and each employee of the FPDA Member Company entering into these Terms of Use on behalf of the FPDA Member Company) and any other third-party User of the public access areas of the Website shall be referred to as “you” or “your”; however, in any case where reference is made to “your employees”, such reference is intended to be made only to the employees of the FPDA Member Company).

You are welcome to browse and use the public access areas of this Website but remember that your access and use of this Website are subject to your acceptance of these Terms of Use and to all applicable laws and access to and use of the Restricted Access features of this Website for FPDA member companies and their employees are subject to acceptance of these Terms of Use and to all applicable laws through a user name and password access process. Your use of the Website constitutes your unconditional agreement for you and your employees to follow and be bound by the Terms of Use, as may be amended or supplemented from time to time, in accordance with these Terms of Use. If you do not agree to the Terms of Use, do not use this Website.

1. Modifications to the Terms of Use

In order to bring you better service, Fluid Power Distributors Association, Inc. (FPDA) may regularly update and enhance this Website and may, from time to time, revise the Terms of Use. In this respect, FPDA reserves the right to change, modify, amend and/or update these Terms of Use at any time with or without prior notice. Your use of this Website following our posting of any such changes, modifications, amendments and/or updates, which can be found for each applicable part of the Terms of Use, including the Privacy Policy, Claims of Copyright Infringement Policy and Acceptable Use Policy, located at the bottom of each Web page of this Website, constitutes your unconditional agreement to follow and be bound by these Terms of Use as so changed, modified, amended and/or updated in effect at the time of your use of this Website. In this respect, you are responsible for reviewing these Terms of Use each time you use or access this Website and you should take it upon yourself to routinely check each applicable part of the Terms of Use, including the Privacy Policy, Claims of Copyright Infringement Policy and Acceptable Use Policy, located at the bottom of each Web page of this Website, prior to your use. Again, if you do not accept the Terms of Use as it exists on the date of your use of this Website, then you should not use this Website. In other words, your use of this Website shall be deemed to be your acknowledgement that you agree with the Terms of Use, as changed, modified, amended and/or updated as of the date of such use.

2. Copyright & Trademark

Unless otherwise indicated, the documents and information, including, but not limited to, text, graphics, icons, logos, buttons and http://associationdatabase.com/aws/FPDA/am/gi, on this Website are copyrighted materials of, and owned and controlled by, FPDA or the party credited as the provider of the content. Reproduction or storage of documents and information from this Website is subject to the U.S. copyright laws, and other international copyright laws. All software used on this Website is the property of FPDA or its software suppliers and is subject to U.S. and international copyright law. You may not modify, decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of this Website. You may not reproduce, modify, distribute, transmit, republish, display or perform any of the content of this Website. See the Claims for Copyright Infringement Policy for FPDA’s procedures for handling claims of copyright infringement.

Fluid Power Distributors Association, Fluid Motion and Control Network, FPDA and the FPDA logo are trademarks of FPDA. This Website contains many third-party trademarks and service marks of participating manufacturers, suppliers and distributors. All marks are the property of their respective holders.

3. Third Party Content

This Website provides content, hyperlinks and references to external websites of third-parties, including, without limitation, the websites and material of third-party FPDA member companies, distributors, manufacturers, vendors and suppliers and the third-party website of the E-Networks Service (“FPDA E-Networks”). FPDA E-Networks is a Restricted Access feature of the FPDA Website and can only be accessed through the Restricted Access page of this Website. FPDA neither endorses nor is responsible for the availability, accuracy, currency or reliability of any information, statement, opinion or advice contained in such a third party's website or material. You should use them with caution. It is the responsibility of every User to evaluate the accuracy, currency, completeness or usefulness of any information, statement, opinion or advice or other content available through any third party website. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, statement, opinion, advice or other content. Any concerns regarding such third-party content should be directed to the third-party. You acknowledge that under no circumstances will FPDA be liable for any loss or damage caused by reliance on information obtained through a third party Website. Nothing on this Website shall be deemed to be a recommendation of any third-party or to constitute any representation as to a third-party’s qualifications, services, products, offerings, information or any other content.

In particular FPDA has no control over FPDA E-Networks, and thus disclaims liability for the availability of this external site or its resources. FPDA also does not endorse and is not directly or indirectly liable for any content, advertising, products, or other materials on or made available from FPDA E-Networks or its resources, or 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 FPDA E-Networks.

4. Member Indemnification Obligation

While the FPDA will not be liable to you for any loss or damage caused by reliance on information obtained through any third-party website, FPDA has entered into an agreement with CommPartners (doing business as “iCohere” and “Springboard”), the owner and operator of FPDA E-Networks at www.springboard.icohere.com/fpda for CommPartners to make FPDA E-Networks available to FPDA member companies and their employees and, under that agreement, CommPartners holds FPDA responsible for any acts or omissions committed by each FPDA Member Company and its employees during use of that service. As a result, FPDA must look to hold you directly responsible for any such acts or omissions of you or your employees and therefore, has included rules as part of the Terms of Use at this Website such as the Acceptable Use Policy for use of the communication tools and forums by you and your employees that may now be accessed through FPDA E-Networks.

In this respect, you agree to indemnify FPDA and its assignees, and their affiliates, officers, agents, co-branders, licensors, or other partners and hold each of them harmless from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses, including legal fees made by any third-party due to or arising out of (i) any content that you or your employees have submitted, distributed, uploaded, posted, emailed, transmitted or otherwise made available through the FPDA Website or FPDA E-Networks, (ii) use of the FPDA Website or FPDA E-Networks by you or your employees, (iii) connection to the FPDA Website or the FPDA E-Networks by you or your employees, (iv) any violation or alleged violation of the Terms of Use of the FPDA Website or any similar terms posted on FPDA E-Networks by you or your employees, (v) any violation or alleged violation of the rights of any third-party or other Member or its employees by you or your employees, or (vi) any act or alleged act committed by you or your employees or any omission or alleged omission on the part of you or your employees.

5. Employee Recruitment Disclaimer

The purpose of this Website and, if you are an FPDA Member Company, FPDA E-Networks is to foster professional business relationships within the fluid power industry. It is foreseeable that relationships and contacts forged through this forum may potentially lead to the recruitment of your employees by other FPDA member companies. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT FPDA IS NOT LIABLE TO YOU FOR ANY RELATIONSHIPS OR CONTACTS THAT MAY ENSUE THROUGH THE USE OF THIS WEBSITE OR FPDA E-NETWORKS.

6. Articles Disclaimer

This Website and FPDA E-Networks may post articles containing information in the form of news and/or opinions that, unless otherwise stated therein, should not be construed as specific advice or instruction from FPDA or official expressions of FPDA. FPDA does not warrant, neither expressly or by implication, the factual accuracy of the articles posted, nor does it adopt any statement as its own, or warrant any news or opinions offered by the author of said articles. Although FPDA believes all statements made in the articles to be reliable and accurate based upon representations made by the authors themselves, FPDA cannot guarantee that such statements are reliable and accurate and FPDA accepts no fault or liability for any error or omission with respect to such articles.

7. Business Forms Disclaimer

This Website and FPDA E-Networks may post business forms designed to provide authoritative and accurate information in regard to the subject matter covered solely as a starting point for you. To the extent that any of these business forms contain legal principles, you should not rely upon these business forms as a substitute for legal advice. The accuracy of the information is not guaranteed by FPDA since the applicability of the legal principles contained within the business forms may change and/or be subject to differing interpretations in individual situations or in different states or jurisdictions. Legal advice of any nature should be sought from competent, independent, legal counsel in the relevant state or jurisdiction and FPDA makes absolutely no warranties regarding the suitability of these business forms for a particular purpose.

8. Warranty Disclaimer

This Website and, if you are a FPDA Member Company, FPDA E-Networks is provided to you by FPDA for Your use on an “As Is” basis. FPDA makes no representations or warranties of any kind, express or implied, as to the operation of the Website or as to the information, content, materials, or products included on this Website. FPDA uses its best efforts to maintain this Website but is not responsible for the results of any defects that exist in this Website, any outages, interruptions, viruses or other harmful components. You should not assume that this Website or its content is error free or that it will be suitable for the particular purpose that you have in mind when using it. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FPDA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

9. Limitation on Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL FPDA OR ANY OF ITS SHAREHOLDERS, DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR ACCESS TO OR INABILITY TO USE OR ACCESS THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF FPDA HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU, AND NOT FPDA, SHALL ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE. In fact, FPDA may, in its sole discretion and at any time, modify or discontinue this Website; limit, terminate or suspend a User’s use of or access to this Website and/or make changes to these Terms of Use. Because certain jurisdictions to which these Terms of Use may be subject do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may be held to be inapplicable in those jurisdictions. IN NO EVENT WILL FPDA BE LIABLE FOR ANY DAMAGES IN EXCESS OF ONE HUNDRED UNITED STATES DOLLARS ($100.00) FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OF USE.

10. Who May Use?

A FPDA Member Company’s employees or other third-parties that access this Website on the Internet (“Users” or “employees”) may use this Website for their personal or their company’s use in order to inform themselves about FPDA, its programs and its members for themselves or for their company and for no other purpose. Other than the foregoing, Users may not use this Website or post any material to this Website that is commercial in nature without the prior consent of FPDA, including, but not limited to, junk mail, spam, chain letters or any other form of solicitation. Users are forbidden to sell, trade or distribute the contents of this Website or any data obtained from this Website to anyone. In no event may this Website be used or linked to by any party charging a fee for access to this Website or for access to any information gathered in this Website, including, but not limited to, any product or pricing information.

11. Responsibility for Content

This Website is a passive conduit for Users to access information about FPDA, its resources and its members. FPDA makes every effort to keep information on this Website up-to-date but, as FPDA depends on manufacturers, distributors, vendors and other industry sources for information, FPDA MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE CURRENCY, COMPLETENESS OR ACCURACY OF ANY INFORMATION ON THIS WEBSITE. FPDA does not preview, screen, edit or monitor the information or content that may be placed on this Website by third parties via posting to message boards, e-mail forms or other such mechanisms, though FPDA has the right (but not the obligation) in our sole discretion to monitor content and screen, refuse to post, edit or delete materials that violate the Acceptable Use Policy located at www.fpda.org in its sole and absolute discretion without prior notice. FPDA, its directors, employees, agents and members, have no control over and take no responsibility for the quality, safety, pricing, desirability, completeness, currency or appropriateness of any information accessed via this Website. Nothing on the Website shall be deemed to be an endorsement, representation or warranty by FPDA with respect to any User or FPDA Member Company. You understand that the technical processing and transmission of the Website, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. We do not claim ownership of Content you submit or make available for inclusion on the Service, but may preserve it as described in the Privacy Policy.

12. User Guidelines

This Website is meant to facilitate an open exchange of information and resources among FPDA member companies and the public. To enable that exchange, Users are required to adhere to these Terms of Use, including the Acceptable Use Policy located at www.fpda.org. If FPDA becomes aware that any content posted to its Website may violate laws, regulations, or these Terms of Use, including the Acceptable Use Policy, in FPDA’s sole discretion, FPDA reserves the right to remove such material and take such other action as FPDA deems appropriate, including reporting to and cooperating with government authorities.

13. Passwords

If you are a FPDA Member Company or an employee or a FPDA Member Company, you will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. Users who have a password allowing access to non-public Restricted Access features of this Website or FPDA E-Networks may not disclose, transmit, post, give away or in any manner share the password with any non-authorized party or use the password for any unauthorized purpose. In such case, you agree that you will notify FPDA immediately of any unauthorized use of a password or a registration profile or unauthorized use of your account or any other breach of security and that you will ensure that your users LOGOUT from your Restricted Access account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this stipulation. In addition, you agree that we, in our sole discretion, may terminate your password, account (or any part thereof) or use of the Restricted Access features of this FPDA Website or FPDA E-Networks, and remove and discard any content or information that you have provided to us, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms of Use. You agree that any termination of your access to the Restricted Access features of the Website under any provision of the Terms of Use may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Restricted Access features of FPDA Website or FPDA E-Networks. You also agree that, if an individual User of a FPDA Member Company misuses FPDA E-Networks, we reserve, and shall have, the right to terminate access to FPDA E-Networks by the individual User and/or the FPDA Member Company from whose account the User has accessed FPDA E-Networks, in FPDA’s sole and absolute discretion and without any prior notice.

14. Privacy Policy

The protection of Your privacy is very important to us at FPDA. FPDA does not collect personally identifiable or confidential information about individuals or companies using this Website except when such individuals specifically provide information on a voluntary basis, for example, in the registration process areas of this Website or when registering as a FPDA Member Company or User. When we collect this information, we use it to establish individual accounts and member profiles, which are protected by a password that you select. Except as otherwise set forth in this Privacy Policy, personally identifiable information on individual Users will not be sold or otherwise transferred to unaffiliated third parties without the approval of the User at the time of collection, except where FPDA is selling all or substantially all of the assets of the organization. In order to provide the best service for our FPDA member companies and their employees, FPDA monitors and tracks usage of this Website, and collects whatever information it deems relevant at any time it deems proper. Notwithstanding anything else set forth in this Privacy Policy, you acknowledge and agree that we may preserve information as described herein and other Content posted to this Website and may also disclose information and Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of the Website and FPDA, and its Members. If we believe you have breached the Terms of Use, especially with regard to the Acceptable Use Policy and the transmitting, publishing or distributing pornographic, obscene, offensive, threatening, harassing, libelous, hate-oriented, harmful, defamatory, racist, illegal or otherwise objectionable materials or content, we will report such conduct to the appropriate authorities and turn over any and all information, including personally identifying information, to appropriate persons or entities. We will also comply with any laws or legal process that may require disclosure of personally identifying information. Further, FPDA attempts to store personally identifiable information of Members in secure databases protected by passwords as well as database and network firewalls to prevent the loss, misuse or alteration of such personally identifiable information. While no security systems are infallible, we will prosecute any unauthorized access to secured information to the fullest extent of the law. We periodically review and update security measures to insure the best possible protections for the membership. As FPDA expands the range of options and services available from this Website, the collection and use of personal data will also change to serve you better. We therefore reserve the right to modify this Privacy Statement at any time and will post notice of such changes to this Website. If you have any questions or concerns about privacy and security at FPDA, please email Terms Of Use Concerns.

15. Choice of Law and Forum; Severability; Entire Agreement; No Modifications

These Terms of Use are governed by the law of the State of New Jersey without giving effect to its conflict of law principles. You agree that jurisdiction and venue for any claim arising under these Terms of Use shall lie exclusively with the state or federal courts sitting in New Jersey, and waive any and all objections to such jurisdiction and venue, and waive personal service of process and agree that any summons and complaint commencing an action in any such court shall be properly served and shall confer personal jurisdiction if served by registered or certified mail. Any action or suit brought with respect to this Website or these Terms of Use shall be tried by a court and not by a jury. YOU WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY SUCH ACTION OR SUIT. If any provision of these Terms of Use is found to be invalid by any such court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. Except as expressly otherwise provided, these Terms of Use constitute the entire agreement between You and FPDA with respect to the use of this Website. No changes to these Terms of Use shall be made except by a revised posting on this Website.

16. FPDA E-Networks

You acknowledge and agree that FPDA E-Networks is a free service, and additional value, offered to FPDA member companies and their employees when a FPDA Member Company makes payment to FPDA of its membership fee, and is by no means the only value provided to a FPDA Member Company for the payment of a membership fee to the FPDA. In other words, each FPDA Member Company agrees that it has paid, and would pay, its membership fee irrespective of the fact that FPDA has entered into an agreement with CommPartners to provide its FPDA member companies and their employees with access to FPDA E-Networks and therefore, FPDA may discontinue access to this Service for the FPDA member companies or their employees at any time in its sole and absolute discretion and for any reason.

17. Customer Inquiries

This Website is brought to You by Fluid Power Distributors Association, Inc., P.O. Box 1420, Cherry Hill, New Jersey 08034-0054. For further information relating to these Terms and Conditions of Use, please email Terms Of Use Concerns

CLAIMS OF COPYRIGHT INFRINGEMENT POLICY

I. Notification

The following Agent has been designated by Fluid Power Distributors Association ("FPDA") to receive notifications of alleged copyright infringement:

Kathleen A. DeMarco, Executive Director
Fluid Power Distributors Association, Inc.
1930 East Marlton Pike
Cherry Hill, NJ 08003
Phone: 856-424-8998
Fax: 856-424-9248
Each notification of infringement must include the following:

1. a description of the allegedly infringed work in which copyright is claimed;

2. a description of the allegedly infringing material and information reasonably sufficient to permit FPDA to locate the material;

3. information sufficient for FPDA to contact you, including your name, address, telephone number and/or email address;

4. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, by its agent, or the law;

5. a statement by you, made under penalty of perjury, that the above provided information is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and

6. a physical or electronic signature of the copyright owner or a person authorized to act on the owner’s behalf.

II. Response

In response to each notification of infringement containing the information as outlined in 1 through 6 above, FPDA shall:

1. remove or disable access to the material that is deemed infringing;

2. provide written notification to the alleged infringer ("subscriber"); and

3. take reasonable steps to promptly notify the subscriber that it has removed or disabled access to the material.

III. Counter Notification

A subscriber may serve a counter notification on the designated Agent. Each counter notification must include the following:

1. identification of the material that has been removed or to which access has been disabled;

2. a statement, made under penalty of perjury, that the subscriber has a good faith belief that the material was removed or disabled through mistake, or misidentification;

3. the subscriber’s contact information, including, name, address, telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscribers address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification or an agent or such person; and

4. a physical or electronic signature of the subscriber or a person authorized to act on the subscriber’s behalf.

IV. Response to Counter Notification

In response to each Counter Notification containing the information as outlined in 1 through 4 above, FPDA shall:

1. promptly provide the complaining party with a copy of the counter notification;

2. inform the complaining party that it will replace the removed material or cease disabling access to it within ten (10) business days;

3. replace the removed material or cease disabling access to the material within fourteen (14) business days following receipt of the counter notification, provided that FPDA’s designated Agent has not received notice from the complaining party that an action has been filed seeking a court order to restrain subscriber from engaging in infringing activity relating to the material on FPDA’s system or network.

NOTICE: Any person who knowingly materially misrepresents that material is infringing, or that it was removed or blocked through mistake or misidentification, is liable for any resulting damages (including costs and attorney’s fees) incurred by the alleged infringer, the copyright owner or its licensee, or the service provider, under Title 17, United States Code, Section 512(f).

Acceptable Use Policy

FPDA has entered into an agreement with CommPartners (doing business as “iCohere” and “Springboard”), the owner and operator of the software found at www.icohere.springboard.com/fpda (“E-Networks Service”) for CommPartners to make the E-Network Service available to employees of Members of the FPDA (“FPDA E-Networks”).

This FPDA Website and FPDA E-Networks shall be used for professional business purposes only.

In this respect, you (and each of your employees) agree not to:

A. Use this FPDA Website or FPDA E-Networks to submit, distribute, upload, post, email, transmit or otherwise make available:

1. Content that is: Harmful, threatening, abusive, harassing or tortious; Insulting, inflammatory, hateful or violent; Illegal, unlawful or criminal, encouraging or advocating of illegal, unlawful or criminal activity, discussing illegal, unlawful or criminal activities with intent to commit them or engaging in illegal, unlawful or criminal activity, including, but not limited to child pornography, stalking, harassment, sexual assault, fraud, or drug dealing; Defamatory or libelous; Vulgar, obscene, pornographic or otherwise sexually explicit; Invasive of another's privacy or publicity rights; or Bigoted, or racially, ethnically or otherwise objectionable;

2. Content regarding pricing, output, refusals to deal, or other conduct prohibited by antitrust and unfair competition laws and regulations;

3. Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

4. Content that infringes or violates any copyright, patent, trademark, trade secret, or other proprietary or contractual rights of any party;

5. Content for personal or commercial solicitation—that is, offering, buying, selling, advertising, or marketing of goods or services, including job search, or otherwise solicit others for commercial, personal, or charitable purposes of any kind;

6. Content that does not generally pertain to the designated topic or theme of the forum; or

7. Material or computer code, files or programs that contain software viruses designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other harmful component, or otherwise damage the FPDA Website, FPDA E-Networks, or any connected network.

B. Impersonate any person or entity, including, but not limited to, an administrator of the site, forum leader or member, or misrepresent your identity or affiliation with a person or entity, including but not limited to using another person’s account information, name, likeness, voice, image or photograph, or otherwise violate or attempt to violate the security, efficiency, reliability, or integrity of the FPDA Website or FPDA E-Networks or any of their content in any way, including, without limitation, forging TCP/IP packet headers or payloads or accessing or attempting to access parts of this Web Site restricted to User access;

C. Engage in “flaming,” “spamming,” “flooding,” “trolling,” or “griefing” as those terms are commonly understood and used on the Internet.

D. Delete any legal notices, disclaimers, or proprietary notices, such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify, or delete or revise any material posted by FPDA or by another Member or its employees;

E. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the site.

F. Use this Web Site in any way that is not in accordance with all applicable international, federal, state and local laws and regulations.

Further, you agree that, when you and your employees use this FPDA Website and FPDA E-Networks, you and your employees represent, warrant, and agree that no materials submitted through your account or otherwise posted, transmitted, or shared by you and/or your employees will violate or infringe upon the rights of any third party. You further acknowledge that you and your employees own or have the necessary rights, licenses, consents, and permissions to use, distribute, or otherwise exploit all copyrights, trademarks, patents, trade secrets, privacy, and publicity rights and/or other proprietary rights contained in any content that you or your employees submit, distribute, upload, post, email, transmit or otherwise make available.

To foster the free exchange of ideas, please make sure that your employees keep their conversations clean and respectful and refrain from transmitting the prohibited content as stated above. If you or your employees see objectionable material, please notify us promptly by clicking here: info@fpda.org

FPDA reserves the right to remove materials in violation of the Acceptable Use Policy, at its sole discretion, and take such other action as FPDA deems appropriate, including reporting to and cooperating with government authorities.

HOWEVER, FPDA CANNOT AND DOES NOT ASSURE THAT OTHER USERS ARE OR WILL BE COMPLYING WITH THIS ACCEPTABLE USE POLICY. THEREFORE, BY USING THE RESTRICTED ACCESS FEATURES OF THE FPDA WEBSITE AND FPDA E-NETWORKS, YOU AND YOUR EMPLOYEES ASSUME ALL RISK OF HARM OR INJURY RESULTING FROM ANY SUCH LACK OF COMPLIANCE.

PLEASE NOTE THAT COMMPARTNERS, THE OWNER AND OPERATOR OF FPDA E-NETWORKS, MAY ATTEMPT TO HAVE, OR MAY HAVE, THE RIGHT, BY CONTRACT OR OTHERWISE, TO HOLD YOU AND YOUR EMPLOYEES RESPONSIBLE, OR MAY OTHERWISE REQUEST THAT YOU OR YOUR EMPLOYEES INDEMNIFY AND HOLD IT HARMLESS, FOR THE USE OF FPDA E-NETWORKS BY YOU OR YOUR EMPLOYEES.

THE MEMBER INDEMNIFICATION OBLIGATION:

You agree to indemnify FPDA and its assignees, and their affiliates, officers, agents, co-branders, licensors, or other partners and hold each of them harmless from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses, including legal fees made by any third-party due to or arising out of (i) any content that you or your employees have submitted, distributed, uploaded, posted, emailed, transmitted or otherwise made available through the FPDA Website or FPDA E-Networks, (ii) use of the FPDA Website or FPDA E-Networks by you or any of your employees, (iii) connection to the FPDA Website or FPDA E-Networks by you or any of your employees, (iv) any violation or alleged violation of the Terms of Use of the FPDA Website or any similar terms posted on FPDA E-Networks by you or any of your employees, (v) any violation or alleged violation of the rights of any third-party or other Member or its employees by you or any of your employees, or (vi) any act or alleged act committed by you or any of your employees or any omission or alleged omission on the part of you or any of your employees.