Terms of Service
1. Acceptance of Terms
2. Description of Service
In this TOU, the term the Service shall mean the company Fat Cat, Inc., the Internet site NHDBuzz.com and any information found on the Internet site and any communication, electronic or otherwise on, by, or through the Internet site or Fat Cat, Inc. (hereinafter collectively referred to as the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for FCI to provide the Service. You also understand and agree that the Service includes information, whether on the Internet site NHDBuzz.com or communicated via email or other electronic communication, and no matter from what source, whether FCI or some other entity, such as, but not limited to, job postings, press releases, news, articles, stories, and reviews. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new PR services or properties, shall be subject to the TOU. FCI also provides access for publicly traded and privately held companies, organizations, associations and other entities (hereinafter collectively referred to as "Companies") to make information about those Companies available to the investment community, the public, individuals and other entities. The officers and employees of FCI may (or may not) maintain positions in some of the profiled Companies. You understand and agree that the Service is provided "AS-IS" and that FCI assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings or other information. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
Also part of the Service is FCI's RSS (really simple syndication) service, which is a means by which FCI offers feeds of headlines of various forms of information in XML format ("RSS Content") to users of FCI who use RSS aggregators or to who display the headlines in the RSS feeds on their websites. The RSS service may be used only with those platforms from which a functional link is made available that, when accessed, takes the viewer directly to the display of the full article on the FCI website. You may not display the RSS Content in a manner that does not permit successful linking to, redirection to or delivery of the applicable FCI Site web page. You may not insert any intermediate page, splash page or other content between the RSS link and the applicable FCI Site web page. FCI retains all ownership and other rights in the RSS Content, and any and all FCI logos and trademarks used in connection with the RSS service. You must provide attribution to NHDBuzz.com in connection with your use of the RSS feeds. If you provide this attribution using a graphic, you must use the appropriate NHDBuzz.com logo that is incorporated into the RSS feed. FCI reserves the right to discontinue providing any or all of the RSS feeds at any time and to require you to cease displaying, distributing or otherwise using any or all of the RSS feeds for any reason including, without limitation, your violation of any provision of these TOU. FCI assumes no liability for any of your activities in connection with the RSS feeds or for your use of the RSS feeds in connection with your website.
3. Registration Obligations
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by any of the Service's registration forms (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or FCI has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, FCI has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Since the Service is designed to appeal to a broad audience, as the legal guardian, it is your responsibility to determine whether any of the Service and/or Content (as defined in Section 5 below) are appropriate for your child.
4. Member Account, Password and Security
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. You agree to (a) immediately notify FCI of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. FCI cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4.
5. Member Conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not FCI, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. FCI does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, objectionable, inaccurate, or not true. Under no circumstances will FCI be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
FCI has not verified and does not warrant or guarantee the accuracy of any of the information or Content contained in the Service. The Content and information in the Service has been provided by the Companies contained herein or other third party sources. It is the responsibility of the user to check the accuracy, timeliness and reliability of the information provided. By accessing the Service the user acknowledges that FCI shall not be liable for any losses caused, either directly or indirectly, as a result of the information or Content contained on or produced by the Service, or information contained on any "linked" third party site, document, or other item. Users of the Service should verify all claims, information and Content and do their own due diligence before investing in any securities mentioned on the Service or working in any way or establishing any form of relationship with any of the listed Companies on the Service, or making any decisions whatsoever based on such claims, information, or Content. Investing in securities is speculative and carries a high degree of risk. An investment in securities could result in the loss of some or all of any investment made.
FCI is not a broker/dealer, nor does it or any of its officers or employees act as investment advisors. Nothing contained on the Service should be considered an offer or a solicitation for the purchase or sale of any security.
FCI is compensated by many of the companies profiled on the Service. FCI is not a registered investment advisor or a registered securities broker dealer and FCI does not undertake or represent to make investment recommendations or provide advice pertaining to the purchase or sale of the securities profiled on the Service or any other securities. FCI conducts no due diligence on the profiled Companies or their securities. Moreover, FCI does not endorse, independently verify, or assert the truthfulness or reliability of any statements, information or Content whatsoever contained on the Service, or to which there is a link from the Service, regarding the profiled Companies or their securities or any other information or Content whatsoever. Individuals and any other entities should not rely solely on the information contained on the Service when making an investment decision or any other decision. Rather, individuals and any other entities should conduct additional research that will permit them to form their own opinions regarding an investment in a Company's securities or any other securities. Statements contained on the Service may be "forward-looking statements" that involve risks and uncertainties. These statements may be identified by the use of terminology such as, but not excluded to: "believes", "expects", "may", "will", "should", or "anticipates". These words, variations of such words, and similar expressions identify forward-looking statements, but their absence does not mean that the statement is not forward-looking. The cautionary statements appearing above should be read as being applicable to all related forward-looking statements wherever they appear on the Service. The actual results of a profiled Company's operations, financial condition, or other aspects of its business could differ materially from those discussed on the Service. FCI may liquidate any securities it may receive or own at any time it deems appropriate to do so, either prior to, during, or at any time after FCI initiates its services for Company or at which a Company is part of the Service. In addition, FCI may choose to purchase securities that are featured or mentioned on the Service, and thereafter liquidate the securities at any time it deems appropriate to do so either prior to, during, or at any time after FCI initiates its services for a Company or at which a Company is part of the Service. FCI reserves the right to decline certain companies from profiling on the Service that do not meet FCI's criteria. Since FCI has been compensated in many instances for its services, investors should evaluate the information on the Service with that in mind and should always perform their own independent analysis.
You agree not to use the Service to:
upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
harm minors in any way;
impersonate any person or entity, including, but not limited to, a FCI official, employee, executive, agent, representative or partner, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
upload, post, email, transmit or otherwise make available any 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);
upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except promotion of a business is acceptable in those areas that are specifically designated for promotion of a business such as a company profile for a business paying PR to have that company profile;
upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
"stalk" or otherwise harass another; or
collect or store personal data about other users.
You acknowledge that FCI may or may not pre-screen Content, but that FCI and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, FCI and its designees shall have the right to remove any Content that violates the TOU or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by FCI or submitted to FCI, including without limitation information and Content in articles, reviews and stories, and in all other parts of the Service.
You acknowledge, consent and agree that FCI may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOU; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of FCI, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content or any other Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by FCI and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
6. International Use
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.
7. Content Submitted or Made Available for Inclusion on the Service
FCI does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to all Content, including but not limited to photos, graphics, audio, video, text, and other information and/or forms of information, that you submit or make available for inclusion on publicly accessible areas of the Service, you grant FCI the world-wide, royalty free, non-exclusive, perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, duplicate, adapt, publish, translate, sell, resell, trade, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. "Publicly accessible" areas of the Service are those areas of the Service and of FCI's network of properties that are intended by FCI to be available to the general public. However, publicly accessible areas of the Service would not include areas off of the Service or the FCI network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by FCI.
You agree to indemnify and hold FCI, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOU, or your violation of any rights of another.
9. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your FCI username and password), use of the Service, or access to the Service.
10. Use and Storage
You acknowledge that FCI may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that messages, resumes, or other uploaded Content will be retained by the Service, the maximum number of messages that may be sent from or received by an account on the Service, the maximum size of any message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on FCI's servers on your behalf, the maximum size of any Content that may be uploaded or stored, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that FCI has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content or information maintained, uploaded to, or transmitted by the Service. You acknowledge that FCI reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that FCI reserves the right to modify these general practices and limits from time to time without notice to you.
11. Modifications to Service
FCI reserves the right at any time and from time to time, to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that FCI shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that FCI may, under certain circumstances and without prior notice, immediately terminate your FCI account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOU or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your FCI account includes (a) removal of access to all offerings within the Service, (b) deletion of your username and password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in FCI's sole discretion and that FCI shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.
Your correspondence or business dealings with, or participation in promotions of, any and all advertisers, companies, or other entities found on or through the Service, including but not limited to, payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser, company or other entity. You agree that FCI shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers, company or other entity on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because FCI has no control over such sites and resources, you acknowledge and agree that FCI is not responsible for the availability of such external sites or resources, 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 FCI shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, information, goods or services available on or through any such site or resource.
15. FCI's Proprietary Rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized in writing by FCI, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
FCI grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by FCI for use in accessing the Service.
16. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FCI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
FCI MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FCI OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
17. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FCI SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FCI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
18. Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.
19. Services Relating to Financial Matters
If you intend to create or join any service, receive or request any news, press releases, jobs, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 16 and 17 again, as they are extremely important for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content or information included in the Service is intended for trading or investing purposes. FCI and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
20. No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in this TOU, there shall be no third party beneficiaries to this Agreement.
FCI may, but in no way is required to, provide you with notices, including those regarding changes to the TOU, by either email, regular mail, or postings on the Service.
22. Copyrights and Trademarks
All contents of the website NHDBuzz.com and the Service are Copyright © Fat Cat, Inc. and/or its suppliers, 39977 Savanna Way, Murrieta, CA USA. All rights reserved. The NHDBUZZ.COM, NHDBuzz.com logo, trademarks and service marks and other FCI logos and product and service names, slogans, and design marks are trademarks or service marks of Fat Cat, Inc. (the "FCI Marks"). Without FCI's prior written permission, you agree not to display or use in any manner, the FCI Marks.
23. Notice and Procedure for Making Claims of Copyright Infringement
FCI respects the intellectual property of others. FCI may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide FCI's Copyright Agent the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
FCI's Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Fat Cat, Inc.
39977 Savanna Way
Murrieta, CA 92563
Phone: (951) 894-6621
Entire Agreement. The TOU constitute the entire agreement between you and FCI and govern your use of the Service, superceding any prior agreements between you and FCI. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other FCI services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The TOU and the relationship between you and FCI shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Nassau, New York.
Waiver and Severability of Terms. The failure of FCI to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU 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 TOU remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your FCI account is non-transferable and any rights to your FCI username and password or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
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 Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOU are for convenience only and have no legal or contractual effect.