1. Welcome to FmT service and Magazine services
Thanks for your interest in our advertising services (the “Services”)!
By using our Services, you agree to these terms (the “FmT Term of services”), the (collectively, the “Agreement”). If ever in conflict, to the extent of such conflict, the FmT Terms will take precedence over any other terms of the Agreement. Please read the Agreement carefully.
As used in the Agreement, “you” or “publisher” means the individual or entity using the Services (and/or any individual, entity or successor entity, agency or network acting on your behalf), “we”, “us” or “FmT” means Find Me Training., and the “parties” means you and Find Me Training.
2. Access to the Services;
Your use of the Services is subject to your creation and our approval of an FmT account (an “Account”). We have the right to refuse or limit your access to the Services. By submitting an application to use the Services, if you are an individual, you represent that you are at least 18 years of age. You may only have one Account.
By enrolling in FmT Services, you permit FmT to serve, as applicable, (i) advertisements and other content (“Ads”), (ii) FmT search boxes and search results and (iii) related search queries and other links to your websites, mobile applications, media players, mobile content and/or other properties approved by FmT (each individually a “Property”). In addition, you grant FmT the right to access, index and cache the Properties, or any portion thereof, including by automated means. FmT may refuse to provide the Services to any Property.
Any Property that is a software application and accesses our Services (a) may require preapproval by FmT in writing, and (b) must comply with FmT’s policies and agreements.
3. Using our Services
You may use our Services only as permitted by this Agreement and any applicable laws. Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide.
You may discontinue your use of any Service at any time by removing your account or ads from our site.
4. Changes to our Services; Changes to the Agreement
We are constantly changing and improving our Services. We may add or remove functionalities or features of the Services at any time, and we may suspend or stop a Service altogether.
We may modify the Agreement at any time. We’ll post any modifications to the FmT Terms on our site and any modifications to the FmT site Policies or the FmT Branding Guidelines on their respective pages. Changes will not apply retroactively and generally will become effective 14 days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you don’t agree to any modified terms in the Agreement, you’ll have to stop using the affected Services.
If you dispute any payment made or withheld relating to the Services, you must notify FmT in writing within 30 days of any such payment. If you do not, any claim relating to the disputed payment is waived. If an advertiser who’s Ads are displayed on FmT defaults on payment to FmT, we may charge your account.
You are responsible for providing and maintaining accurate contact and payment information in your Account. You are responsible for any charges assessed by your bank or payment provider.
As between you and FmT, You are responsible for all taxes (if any) associated with the transactions between FmT and advertisers in connection with Ads and services on our site. All payments to FmT in relation to the Services will be treated as inclusive of tax (if applicable) and will not be adjusted.
7. Intellectual Property; Brand Features
Other than as set out expressly in the Agreement, neither party will acquire any right, title or interest in any intellectual property rights belonging to the other party or to the other party’s licensors.
If FmT provides you with software in connection with the Services, we grant you a non-exclusive, non-sub licensable license for use of such software. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by FmT, in the manner permitted by the Agreement. You may not copy, modify, distribute, sell or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission. You will not remove, obscure or alter FmT's copyright notice, Brand Features or other proprietary rights notices affixed to or contained within any FmT services, software or documentation.
We grant you a non-exclusive, non-sub licensable license to use FmT’s trade names, trademarks, service marks, logos, domain names and other distinctive brand features (“Brand Features”) solely in connection with your use of the Services and in accordance with the Agreement and the FmT Branding Guidelines. We may revoke this license at any time. Any goodwill arising from your use of FmT’s Brand Features will belong to FmT.
We may include your name and Brand Features in our presentations, marketing materials, customer lists and financial reports.
You agree not to disclose FmT Confidential Information without our prior written consent. "FmT Confidential Information" includes and not limited to; all FmT software, technology and documentation relating to the Services.
You may terminate the Agreement at any time by canceling your services with us through a written notification. The Agreement will be considered terminated within 10 working days of FmT's receipt of your notice.
FmT may at any time terminate the Agreement, or suspend or terminate the participation of any Property in the Services for any reason. We may terminate the Agreement due to your breach or due to invalid activity. If you breach the Agreement or FmT suspends or terminates your Account, you (i) will not be allowed to create a new Account, and (ii) may not be permitted to monetize content on other FmT products.
You agree to indemnify and defend FmT, its affiliates, agents and advertisers from and against any and all third-party claims and liabilities arising out of or related to the Properties, including any content served on the Properties that is not provided by FmT, your use of the Services or your breach of any term of the Agreement.
12. Representations; Warranties; Disclaimers
You represent and warrant that (i) you have full power and authority to enter into the Agreement; (ii) you are the owner of, or are legally authorized to act on behalf of the owner of, each Property; (iii) you are the technical and editorial decision maker in relation to each Property on which the Services are implemented and that you have control over the way in which the Services are implemented on each Property; (iv) FmT has never previously terminated or otherwise disabled an FmT account created by you due to your breach of the Agreement or due to invalid activity; (v) entering into or performing under the Agreement will not violate any agreement you have with a third party or any third-party rights; and (vi) all of the information provided by you to FmT is correct and current.
OTHER THAN AS EXPRESSLY SET OUT IN THE AGREEMENT, WE DO NOT MAKE ANY PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE SERVICES, OR THEIR PROFITABILITY, RELIABILITY, AVAILABILITY OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE EACH SERVICE “AS IS”.
TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED. WE EXPRESSLY DISCLAIM THE WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
13. Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, EXCEPT FOR ANY INDEMNIFICATION OBLIGATIONS HEREUNDER OR YOUR BREACH OF ANY INTELLECTUAL PROPERTY RIGHTS, CONFIDENTIALITY OBLIGATIONS AND/OR PROPRIETARY INTERESTS RELATING TO THE AGREEMENT, (i) IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THE AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND (ii) EACH PARTY’S AGGREGATE LIABILITY UNDER THE AGREEMENT IS LIMITED TO THE NET AMOUNT RECEIVED AND RETAINED BY THAT PARTICULAR PARTY IN CONNECTION WITH THIS AGREEMENT DURING THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM. Each party acknowledges that the other party has entered into the Agreement relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties.
· Entire Agreement; Amendments. The Agreement is our entire agreement relating to your use of the Services and supersedes any prior or contemporaneous agreements on that subject. This Agreement may be amended (i) in a writing signed by both parties that expressly states that it is amending the Agreement, or (ii) as set forth in Section 4, if you keep using the Services after FmT modifies the Agreement.
· Assignment. You may not assign or transfer any of your rights under the Agreement.
· Independent Contractors. The parties are independent contractors and the Agreement does not create an agency, partnership or joint venture.
· No Third-Party Beneficiaries. Other than as set forth in Section 11, this Agreement does not create any third-party beneficiary rights.
· No Waiver. Other than as set forth in Section 5, the failure of either party to enforce any provision of the Agreement will not constitute a waiver.
· Severability. If it turns out that a particular term of the Agreement is not enforceable, the balance of the Agreement will remain in full force and effect.
· Survival. Sections 7, 9, 10, 11, 13 and 14 of these FmT Terms will survive termination.
· Governing Law; Venue. All claims arising out of or relating to this Agreement or the Services will be governed by Ontario law, excluding California’s conflict of laws rules, and will be litigated exclusively in the federal or state courts of London Middlesex County, Ontario, Canada
· Force Majeure. Neither party will be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action and Internet disturbance) that was beyond the party’s reasonable control.
· Communications. In connection with your use of the Services, we may contact you regarding service announcements, administrative messages and other information. You may opt out of some of those communications in your Account settings. For information about how to contact FmT, please visit Contact Us page.