FX Imports (FX) provides the use of, and access to, its
Internet websites subject to the following terms of use. Please
read the following to learn more about our terms of use.
What These Terms of Use Cover
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FX’s terms of use cover your access to and use of this website,
www.fximports.com, and all other websites and pages owned or operated by FX.
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In addition, FX members are subject to the FX Standard Membership Rules,
which are incorporated herein by reference.
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These terms of use do not apply to websites that FX does not own or operate.
Acceptance of Terms
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You may access FX websites only subject to these terms of use.
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By using any FX pages, in any
way accessing this website, www.FXorp.com, or using other services of
FX, you are accepting these
terms of use.
FX Privacy Policy
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All information that FX obtains from or about you is subject to our Privacy
Policy.
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By providing FX with information, or using any FX website or services, you
consent to the collection and use of this information as set forth in the
Privacy Policy.
Password and Security
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You may receive a password and account designation upon joining FX. 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.
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You agree to (a) immediately notify FX 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. FX cannot and will not be
liable for any loss or damage arising from your failure to comply with these
terms of use.
Prohibited Activities
By using any FX website or accessing any information
contained on any FX website or system, you agree not engage or assist in any
of the following conduct:
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Using spiders, robots or otherwise harvesting other's email addresses or
telephone numbers from any FX site or server for purposes of sending
unsolicited or unauthorized material.
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Manipulating identifiers, such as email headers, to disguise the origin of any
content transmitted to or through FX computer systems.
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Relaying email from a third party's mail servers without the permission of that
third party.
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Using or causing to be used FX computer systems to facilitate the transmission
of unsolicited or unauthorized material. This includes any promotional
materials, URLs, junk mail, chain letters, pyramid schemes, or any other form
of unauthorized solicitation that you may upload, post, email, transmit, or
otherwise make available.
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Uploading, posting, emailing, or transmitting the same message, URL, or post
multiple times.
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Disrupting the normal flow of dialogue, or causing the screen to scroll faster
than users of the service are able to type, or otherwise acting in a manner
that negatively affects other users' ability to use any service.
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Harm minors in any way.
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Impersonate any person or entity, including, but not limited to, FX or any FX
representative, or falsely state, imply or otherwise misrepresent your
affiliation with FX or any person or entity.
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Forge headers or otherwise manipulate identifiers in order to disguise the
origin of any content.
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Upload, post, email, transmit or otherwise make available any content or
material that:
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is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable.
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you do not have a right to make available under any law or under a contractual
or fiduciary relationship with FX or any third party (such as inside
information, proprietary and confidential information learned or disclosed as
part of employment relationships or under nondisclosure agreements)
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infringes any patent, trademark, trade secret, copyright or other proprietary
rights of FX or any third party
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is unsolicited or unauthorized advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes," or any other form of solicitation
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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.
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Interfere with or disrupt servers or networks, or disobey any requirements,
procedures, policies or regulations of networks.
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Violate any applicable local, state, national or international law, including,
but not limited to, regulations promulgated by the Federal Trade Commission,
and any regulations having the force of law.
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Provide material support or resources (or to conceal or disguise the nature,
location, source, or ownership of material support or resources) to any
organization designated by the United States government as a foreign terrorist
organization pursuant to section 219 of the Immigration and Nationality Act.
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Collect or store personal data about other users or FX members.
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Attempt to override or circumvent any of the usage rules embedded into FX
websites.
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Infringe on any FX trade names, trademarks or service marks.
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Use the names FX or Specialty Merchandise, the FX logo or any other
trademarks or trade names of FX or its affiliates, or any confusingly similar
names, in the conduct of any business.
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Use the name or likeness of any FX spokesperson, employee or other member.
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Infringe on any FX copyright, copy or link to www.FXorp.com or any other
website of FX or its affiliates, copy or use any text, graphics or online
content of FX or its affiliates.
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Contact or solicit other FX members.
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Engage in any unlawful, unfair or deceptive business practice.
Nothing in these terms of use is intended to grant any right to transmit email
to or through FX computer systems. FX does not waive any rights by the
failure to enforce this policy in every instance in which it might apply.
Notice: Sending unsolicited email advertisements to or through FX computer
systems will use or cause to be used FX servers located in Los Angeles County,
California. Any unauthorized use
of FX computer systems is a violation of these terms of use, the FX Standard
Membership Rules, and federal and state laws, including the Computer Fraud and
Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code,
and Section 17538.45 of the California Business and Professions Code. Any
violations may subject the sender and his or her agents to civil and criminal
penalties.
Registration Obligations
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In consideration of your use of the website, you represent that you are of
legal age to form a binding contract, are over 18 years of age, and are not
barred from receiving services under the laws of the United States or other
applicable jurisdiction.
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You agree to provide true, accurate, current and complete information about
yourself as prompted by the registration form.
Content
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Any unauthorized reproduction, publication, further distribution or public
exhibition of the content and materials provided on any FX website, in whole
or in part, is strictly prohibited.
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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
FX or submitted to FX, including without limitation information in FX forums
or message boards, and in all other parts of any website.
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Under no circumstances will FX be liable in any way for any content on any of
its websites, 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 by FX.
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With respect to any content or information you submit to FX in any way or make
available for inclusion on any FX website, you grant FX the following
perpetual, world-wide, royalty free rights and license to use, distribute,
reproduce, modify, adapt, publicly perform and publicly display such content
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Please remember that FX websites are designed to appeal to a broad audience.
Accordingly, it is the responsibility of the parent or legal guardian to
determine whether access to any FX services or content is appropriate for a
minor.
International Use
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Recognizing the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable content.
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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.
Modification and Cancellation
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FX reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the use or content of any FX website,
any FX service, or any part thereof, with or without notice.
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FX shall not be liable to you or to any third party for any modification,
suspension, cancellation or discontinuance.
Dealings with Others
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Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through FX or its websites, including 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 third party. You agree that
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FX 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 persons.
Copyright and Legal Claims
FX respects the intellectual property of others, and we ask our users to do the
same. If you believe that your
work has been copied in a way that constitutes copyright infringement, your
intellectual property rights, or any applicable laws, rules or regulations have
been otherwise violated, please provide FX with the following information:
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an electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright or other interest
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a description of the work, property or requirement that you claim has been
infringed
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a description of where the material that you claim is infringing is located on
the site
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your address, telephone number, and email address
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a statement by you that you have a good faith belief that the disputed use is
not authorized by the owner, its agent, or the law
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a statement by you, made under penalty of perjury, that the above information
is accurate and that you are the intellectual property owner or are authorized
to act.
Warranty
Exclusions
ALL
FX WEBSITES AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FX
IS NOT LIABLE FOR ANY LOSSES, COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY
FROM YOUR ACCESS TO OR USE OF ANY FX WEBSITE, ANY SERVICES WE PROVIDE OR THE
ADVERTISING OF OUR PRODUCTS. NO
WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE IS GIVEN OR ASSUMED BY FX OR ITS AFFILIATES,
AND ALL SUCH WARRANTIES, REPRESENTATIONS AND TERMS ARE HEREBY DISCLAIMED AND
EXPRESSLY EXCLUDED. NO ADVICE OR
INFORMATION GIVEN BY FX OR ANY OF OUR REPRESENTATIVES SHALL CREATE ANY
WARRANTY.
Damage
Limitations
FX’S
CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT
OF YOUR USE OF OR ACCESS TO ANY FX WEBSITE SHALL NOT EXCEED THE HIGHER OF
US$1,000.00 OR THE TOTAL AMOUNT YOU HAVE PAID TO FX WITHIN THE PRIOR YEAR. FX
AND ITS AFFILIATES SHALL IN NO EVENT BE LIABLE FOR ANY PUNITIVE OR
CONSEQUENTIAL DAMAGES, OR LOST PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, AND EVEN IF ANY EXCLUSIVE REMEDY PROVIDED FOR
FAILS OF ITS ESSENTIAL PURPOSE.
Indemnity
You agree to indemnify and hold FX, and its subsidiaries, affiliates, agents,
employees and business partners 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 any FX service,
your use of any FX website or content, your violation of these terms of
service, FX’s privacy policy or Standard Membership Rules, or your violation
of any rights of another.
Other Terms
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Any controversy, dispute or claim of any nature whatsoever arising out of, in
connection with or in relation to your use of any FX website or these terms of
use, or involving you and FX, including the issue of arbitrability, will be
resolved by binding arbitration before a retired judge at JAMS in Santa Monica,
California in accordance with its rules. If you are not a resident of the United States, the UNCITRAL
Arbitration Rules shall apply and JAMS will be the appointing authority. The
prevailing party will be awarded all costs and expenses, including without
limitation all arbitration, expert witness and attorney fees, costs and
expenses. Judgment on any
interim or final award may be entered in any court of competent jurisdiction.
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These terms of service and the relationship between you and FX shall be
governed by the laws of the State of California, without regard to its conflict
of law provisions. You consent
to exclusive personal jurisdiction and venue in Los Angeles County, California,
and agree that it shall be the sole forum and venue for any and all disputes
involving FX.
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The failure of FX to exercise or enforce any right or provision of these terms
of service shall not constitute a waiver of such right or provision. If one or
more provisions of these terms shall be held to be invalid, illegal, or
unenforceable, the validity, legality, and enforceability of the remaining
provisions shall not be affected.
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These terms of service may be revised or amended by FX at any time in its sole
discretion, by posting the revised terms at www.FXorp.com, and the amended
terms will become effective upon posting. No one may modify or waive any of
these terms, except in writing signed by the President of FX.
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These terms of service constitute the entire agreement between you and FX and
govern your access to and use of any FX websites.
You also may be subject to additional terms and conditions that may apply when you
use or purchase products or services from FX, its affiliates or third-parties.
Violations
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Please report any violations of these terms of use, or the FX Standard
Membership Rules, to us at fraudalert@FXorp.com.
Questions and Suggestions
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If you have questions or suggestions, you can contact FX
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