Welcome to Fios, Inc.’s Discovery Resources website (the “Site”). Access to, and use of, the information contained in this Site are subject to the terms and conditions listed below. Please read this information carefully. Your use of this Site, including the services provided on this Site, signifies your agreement to follow and be bound by these terms and conditions.
Fios, Inc. (“Fios”) reserves the right to discontinue providing the services available on this Site, to make changes or updates to this Site, or to the products or programs described in this Site, or to these terms and conditions at any time without further notice. Your continued use of this Site following such changes signifies your acceptance of the revised terms and conditions.
Unless otherwise noted, you should assume that everything you see, hear, or otherwise receive from or on the Site (the “Content”) is intellectual property owned or licensed by Fios and protected under U.S. and international laws and treaties. Content includes, without limitation, software, images, graphics, artwork, photographs, trademarks, logos, text, documents, media, video, audio, sounds, the Site as a whole, and the selection, coordination and arrangement of Content.
FIOS, PREVAIL, and ELECTRONIC DISCOVERY SIMPLIFIED and their associated logos are trademarks or service marks of Fios. This is not an exhaustive listing of Fios trademarks or service marks. Use of any Fios trademark, service mark, logo or trade dress is prohibited without the prior written permission of Fios. Other trademarks used on the Site are the property of their respective owners.
Use of Web site
You may use or download Content for the purposes expressly stated for that Content, or for your personal noncommercial purposes, provided you keep unchanged all copyright and other notices with the Content. No other use, modification, reproduction, display or distribution of any Content is permitted.
You agree to make only lawful use of the Site, and to use the Site only in compliance with all federal, state and local laws and regulations and any contract you or your employer may have made with Fios, including these Terms. You agree to make no use of the Site that violates anyone else’s rights.
You agree not to upload, post, transmit, distribute or otherwise publish on or to the Site any materials that contain a software virus or other harmful component. Fios is not responsible or liable for the conduct of any person using the Site other than a Fios Employee.
Fios may change, suspend or discontinue any Site feature, or restrict your access to certain Site features, at any time without prior notice.
Warranties and Disclaimers
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND FIOS, ALL INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
FIOS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERUPTED OR ERROR FREE. FIOS DOES NOT WARRANT OR MAKE ANY REPRESNTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS OF ANY FIOS OWNED OR CONTROLLED WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.
IN NO EVENT SHALL FIOS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THIS SITE, THE SERVICES PROVIDED ON THIS SITE, OR ANY OTHER HYPERLINKED SITE, EVEN IF FIOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
All information on the website is for informational purposes only and has been prepared by Fios as a service, not for the purpose of providing legal advice. Users should contact an attorney to obtain advice regarding any particular issue or problem discussed on the site. Use of the site does not create an attorney-client relationship between Fios, any employee of Fios and the end user. Opinions expressed on the site in white papers, articles, or other materials are the opinions of the author and may not reflect the opinions of Fios. Fios does not warrant the accuracy or completeness of the information provided on the site.
All third party materials contained in this Web site are subject to the Warranties and Disclaimers set forth above.
Links to and from Third Party Web sites
Any links from the Site to third party sites are provided only as a convenience. Your use of outside links is at your sole risk. Such links do not mean that Fios endorses any third party, its site, or its goods or services. Fios is not responsible for any outside site, service or other materials linked to or from the Site, and disclaims all liability for any injury you may experience by using such materials. If you have concerns regarding any site linked to or from the Site, please direct them to the owner or operator of the site.
You may not link to any pages on this Site other than the home page at www.discoveryresources.org. You may not create links to the Site that portray Fios in a false or misleading light. You may not use any “framing” or similar techniques to enclose any portion of the Site.
You agree to assume full responsibility for any use of any information, goods or services offered on or through the Site. You understand and agree that Fios will not be responsible or liable for any claim, loss or damage arising from the use of any information or services on the Site.
You agree to defend, indemnify and hold harmless Fios and its officers, directors, owners, agents, employees, affiliates, licensees and licensors from and against any and all claims, damages, costs and expenses, including reasonable attorneys’ fees, arising from or related to your violation of any of the Terms.
Your failure to comply with the Terms automatically revokes your authorization to use the Site, and terminates any and all rights granted to you under the Terms. Your obligations to Fios will continue upon termination of your rights under the Terms, including restrictions regarding the Content, disclaimers, indemnification obligations and liability limitations under the Terms.
Applicable Law and Dispute Resolution
The Terms will be construed according to the laws of the State of Oregon, U.S., without regard to its conflicts of laws principles. Any dispute arising under or relating to the Terms, the Content, the use of the Site, or any services obtained using this Site, shall be resolved by a court of competent jurisdiction located in Multnomah County, Oregon. Your use of the Site constitutes your consent to submit to the jurisdiction and venue of the state and federal courts located in Oregon with respect to such dispute. In the event of a dispute hereunder, the prevailing party shall be entitled to recover its costs and expenses incurred, including reasonable attorneys’ fees.
You may not access use or export the information contained on this Web site in violation of U.S. export laws or regulations, or in violation of any applicable local laws or regulations.
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