IF YOU ARE USING THE SITE THOUGH YOUR EMPLOYER, ADDITIONAL TERMS AND CONDITIONS IN FIERCE’S AGREEMENT WITH YOUR EMPLOYER MAY ALSO APPLY TO YOU.
- Intellectual Property
The Site and its entire contents, data, features and functionality (including but not limited to text, graphics, video, logos, button icons, databases, images, materials, processes, and research and development materials) (“Site Content”) are the property of Fierce or its licensors and are protected by copyright, trademark and other intellectual property laws, except as indicated below. All Site Content is current as of the date it is posted on the Site to the best of Fierce’s knowledge.
The Fierce name and related logos are trademarks and service marks (“Marks”) of Fierce. Fierce’s Marks may not be used without advance written permission of Fierce, including in connection with any product or service that is not Fierce’s, in any manner that is likely to cause confusion, or in any manner that disparages, discredits, or misrepresents Fierce. Other products or company names mentioned on the Site may be trademarks or service marks of their respective owners.
- User Contributions
The Site contains features that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (“User Contributions”) on or through the Site or to Fierce directly, including through a user forum.
Any User Contribution you post to the Site or make available to Fierce will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site or to Fierce, you grant us and our affiliates and service providers, and each of their and our licensees, successors, and assigns the perpetual right to use, reproduce, modify, perform, display, distribute, create derivative works of and otherwise disclose to third parties any such User Contributions for any purpose.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their licensees, successors, and assigns.
- You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Fierce, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
You understand that our User Contribution rules are enforced through human content moderation. Content moderation means that we may screen and monitor User Contributions based on our Site-specific rules and guidelines to determine whether such User Contribution should be published on the Site, or not. Fierce’s monitoring decisions are at Fierce’s sole discretion and are final. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site.
- Copyright Complaints; Digital Millennium Copyright Act
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you can notify us using the procedure set forth below.
We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be sent to Fierce’s Copyright Agent at the address below (Subject line: “DMCA Takedown Request”).
ATTN: DMCA Agent
300 Lenora Street, PMB 1674
Seattle, WA 98121
To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of you or the person authorized to act on your behalf as the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site, with enough detail that we may locate it;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the you as the copyright or intellectual property owner, your agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Counter-Notice: If you believe that your User Contribution that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload or display the content in your User Contribution, you may send a written counter-notice containing the following information to the above-listed Copyright Agent:
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good-faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- your name, address, telephone number, and email address, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Fierce will send a copy of the counter-notice to the original complaining party, informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Fierce may, at our sole discretion, limit access to the services and/or terminate the account of any user who infringes any intellectual property rights of others.
- Limited License And Prohibited Uses
Fierce grants you a personal, royalty-free, non-assignable, and non-exclusive license to access and use the Site Content in the United States only for your personal use while using the Site for its intended purposes. Any other use, including the reproduction, modification, distribution, transmission, republication, framing, display or performance of Site Content without prior permission of Fierce is prohibited. You may not download, print, copy, distribute, or otherwise use Site Content for commercial purposes, including publication, sale, or personal gain. You may not remove any Mark or other proprietary notices, including, without limitation, attribution information, credits, and copyright notices that have been placed on or near the Site Content.
- Use the Site in any way that violates any applicable federal, state, local or international law or regulation.
- Use the Site for the purpose of exploiting, harming or attempting to exploit or harm anyone in any way.
- Transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- Impersonate or attempt to impersonate Fierce, a Fierce employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
- Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which as determined by Fierce, may harm Fierce or users of the Site or expose them to liability.
- Engage in any conduct deemed offensive or abusive by Fierce, including hate speech.
- Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
- Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without Fierce’s prior written consent.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
- Otherwise attempt to interfere with the proper working of the Site.
- Account Registration/Use and Protection of Login Credentials
- Disclaimer of Warranties
WHILE FIERCE ATTEMPTS TO PRESENT ACCURATE INFORMATION ON THE SITE, THE SITE IS PROVIDED ON AN “AS-IS” BASIS. FIERCE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OR CONTENT OF THE SITE OR ANY OTHER SITE TO WHICH IT IS LINKED. TO THE EXTENT PERMITTED BY LAW, FIERCE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES OF NON-INFRINGEMENT OF ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY.
FIERCE DOES NOT GUARANTEE ANY SPECIFIC RESULTS BASED ON THE SITE CONTENT OR YOUR USE OF THE SITE, AND FIERCE IS NOT RESPONSIBLE FOR THE OUTCOME IF YOU TAKE ACTIONS BASED ON THE SITE CONTENT. FIERCE PROVIDES THE SITE CONTENT FOR GENERAL USE. IT IS YOUR RESPONSIBILITY TO DETERMINE WHETHER ANY SPECIFIC SITE CONTENT OR SUGGESTIONS ARE APPROPRIATE FOR YOUR PERSONAL SITUATION, WHICH FIERCE DOES NOT KNOW. YOU TAKE ANY ACTIONS BASED ON SITE CONTENT ENTIRELY AT YOUR OWN RISK.
- Limitation of Liability
FIERCE, ITS DIRECTORS, AND ITS EMPLOYEES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, ANY SITE FOR WHICH IT PROVIDES LINKS, OR TRANSACTIONS MADE THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, PUNITIVE AND CONSEQUENTIAL DAMAGES. YOUR SOLE REMEDY UNDER THESE TERMS IS TO STOP USING THE SITE. FROM TIME TO TIME, FIERCE MAY RESTRICT YOUR ACCESS TO SOME PARTS OF THE SITE, OR THE ENTIRE SITE, FOR ANY REASON. FIERCE WILL NOT BE LIABLE FOR ANY REASON IF ALL OR ANY PART OF THE SITE IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD. FIERCE’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ITS CONTENT, REGARDLESS OF THE CAUSE OF ACTION, WILL NOT EXCEED $100.
- Third Party Content
The Site may include content provided by third parties. All statements and opinions expressed by third parties are solely the opinions and the responsibility of the person or entity providing those materials. Those materials do not necessarily reflect the opinion of Fierce. Fierce is not responsible for the content or accuracy of any materials provided by any third parties.
- Links To Other Web Sites
- Limitation On Time To File Claims
- Injunctive Relief
- Waiver And Severability
- Entire Agreement
- Term and Termination of License
You agree that Fierce, in its sole discretion, may suspend or terminate any account or your access to the Site (or any part thereof) for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.
- Applicable Law, Binding Arbitration, and Class Action Waiver
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
Any controversy or claim arising out of or relating to these Terms, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, then in effect. This arbitration provision is governed by the Federal Arbitration Act. The arbitration proceedings shall be held in Seattle, Washington and conducted by an arbitrator that possesses such experience in, and knowledge of, the subject area of the controversy or claim so as to qualify as an “expert” with respect to such subject matter.
If either party employs attorneys to enforce any rights in connection with any such dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys’ fees.
All claims and disputes within the scope of these Terms must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
- Communications and Contact Information
300 Lenora Street
Seattle, WA 98121
EFFECTIVE DATE: March 31, 2021