These Website Terms (together with the documents and policies referred to herein) set out the terms on which you may use the website located at www.fitesa.com and our online partner portals (together, the “Website”). Use of the Website includes accessing, browsing or registering to use the Website. Fitesa S.A. and its affiliates (“Fitesa”, “we”, “us” or “our”) provide the Website and its content free of charge and subject to your agreement to comply with these Website Terms. Please read these Website Terms carefully before using the Website. By using the Website you confirm that you accept these Website Terms and that you agree to comply with them. If you do not agree to these Website Terms, you must not use the Website.
Accessing the Website
We do not guarantee that the Website or any of its content will always be available or be uninterrupted or error-free. Access to the Website is permitted on a temporary basis and we may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Website and for ensuring that all persons who access the Website through your internet connection are aware of these Website Terms and that they comply with them.
Logins and passwords
If you choose or if you are allocated a user login, password or any other piece of information as part of our security procedures, you must treat such information as confidential and not disclose it to any third party. We have the right to disable any user login or password, whether chosen by you or allocated by us, at any time and without notice. If you know or suspect that any other person knows your user login or password you must immediately change your password or contact us to assist you in securing your login and password.
You may use the Website only for lawful purposes. You may not use the Website: (a) in any way that breaches any applicable law or regulation; (b) in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect; (c) for the purpose of harming or attempting to harm any person in any way; (d) to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (set out below); or (e) to transmit or procure the sending of any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
You agree not to: (a) misuse the Website by knowingly transmitting any data or sending or uploading any material that contains or introduces viruses, trojans, worms, time or logic bombs, keystroke loggers, spyware or other material which is malicious or technologically harmful; (b) reproduce, duplicate, copy or re-sell any part of the Website in contravention of the provisions of these Website Terms; (c) access without authority, interfere with, damage or disrupt any part of the Website, any equipment or network on which the Website is stored, any software used in the provision of the Website or any equipment or network or software owned or used by any third party; or (d) attack the Website by way of a denial-of-service attack or a distributed denial-of service attack.
You are responsible for any and all material which you upload or contribute to the Website (“Contributions”). All Contributions must comply with our content standards (set out below). Unless expressly stated otherwise, all Contributions will be considered non-confidential and non-proprietary and we have the right and you give us an unrestricted, irrevocable, worldwide, royalty-free license to use, copy, distribute and disclose to third parties any such content for any purpose. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible or liable to any third party for the content or accuracy of any Contributions and we have the right to remove any Contribution from the Website in our sole discretion.
Contributions must be accurate (where they state facts), be genuinely held (where they state opinions) and comply with applicable laws and regulations. Contributions must not contain any material which is defamatory of any person, contain any material which is obscene, offensive, hateful or inflammatory, promote sexually explicit material, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, infringe any copyright, trade mark or any other intellectual property right of any other person, be likely to deceive any person, be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence, promote any illegal activity, be threatening, abuse or invade another’s privacy or cause annoyance, inconvenience or needless anxiety, be likely to harass, upset, embarrass, alarm or annoy any other person, be used to impersonate any person or to misrepresent your identity or affiliation with any person, give the impression that they emanate from us, if this is not the case or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Linking to the Website
You may link to the Website’s home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to the Website in any website that is not owned by you. The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards (set out above).
Third party links and resources
FITESA™, PANTEX™, FITESACNC™ and certain other brands, trademarks and service marks are marks owned by or licensed to Fitesa. These marks may be registered in various countries around the world.
We are the owner or the licensee of all intellectual property rights in the Website and its contents. These works are protected by copyright laws and treaties around the world and all such rights are reserved. No material from the Website may be copied, reproduced, republished, uploaded, broadcast, posted, transmitted or distributed except as expressly permitted by these Website Terms. Use of material from the Website in any way or for any purpose other than for personal, non-commercial use is a violation of our copyright and other proprietary rights. Permission for all other uses of such materials must be obtained from us in advance in writing. Your use of the Website does not constitute a license, express or implied, under any copyright, trademark, patent right or trade secret right now or hereafter, owned, controlled or used by Fitesa.
Downloading and printing content
Unless expressly authorized by us and except for documents presented on the Website in downloadable form, you may not download or print any pages, parts or extracts of the Website or any materials presented on the Website. If you do download or print content from the Website, you shall: (a) restrict use of such download or print for your personal, non-commercial use; (b) not modify the paper or digital copies of any materials you have downloaded or printed in any way and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text; (c) at all times acknowledge our status (and that of any identified contributors) as the authors of content on the Website; and (d) leave any copyright, trademark or disclaimer information intact and unchanged. You agree to return or destroy (at our option) any copies of materials you have downloaded or printed from the Website.
The Website and its contents are provided “as is” and for general information only. No content on the Website is intended to or will constitute advice on which you should rely. You must obtain professional or specialist advice before taking or refraining from any action on the basis of the content on the Website. Although we make reasonable efforts to update the information on the Website, we are under no obligation to do so and to the fullest extent permitted by applicable law we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up-to-date or does not infringe the rights of third parties or that the Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Website and you should use your own virus protection software.
Limitation of liability
Nothing in these Website Terms excludes or limits our liability for death or personal injury arising from our negligence, fraud or fraudulent misrepresentation or any other liability that cannot be excluded or limited by applicable law. To the fullest extent permitted by applicable law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied. You assume full responsibility for your use of the Website and we will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use of or the inability to use the Website or use of or reliance on any content displayed on the Website. In particular, we will not be liable for loss of profits, sales, business or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation or any indirect or consequential loss or damage. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it or on any website linked to it. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by us to you, which will be set out in our terms and conditions of supply. If you are dissatisfied with the Website or any of its content or with these Website Terms, your sole and exclusive remedy is to discontinue using the Website.
Breach of these Website Terms
We will determine, in our discretion, whether there has been a breach of these Website Terms through your use of the Website. When a breach of these Website Terms has occurred, we may take such action as we deem appropriate. Failure to comply with these Website Terms constitutes a material breach and may result in: (a) the immediate, temporary or permanent withdrawal of your right to use the Website; (b) the immediate, temporary or permanent removal of any posting or material uploaded by you to the Website; (c) the issue of a warning to you; (d) legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; (e) further legal action against you and/or disclosure of such information to law enforcement authorities as we deem necessary or appropriate. We exclude liability for actions taken in response to breaches of these Website Terms.
You agree to indemnify, hold harmless and defend Fitesa and its directors, officers, employees, consultants and agents from and against any claim, demand, loss, liability, damage, cost and expense including without limitation reasonable attorneys’ fees to the extent that such action is based upon, arises out of or relates to your breach or the breach by any other person using your internet connection or using your login or password to access the Website of these Website Terms.
Applicable law and jurisdiction
These Website Terms are governed by the substantive laws of the State of South Carolina, USA without giving effect to its principles of conflict of laws. You and we both agree that the federal and state courts in the State of South Carolina will have exclusive jurisdiction.
Global availability and legal compliance
The Website is located, controlled and operated in the United States and we make no representation that the Website is appropriate or will be available for use in other locations. Access to the Website from countries where it is illegal or penalized or by persons or from countries sanctioned by the United States is prohibited. Your access to and use of the Website is at your risk and you are responsible for compliance with all applicable laws and regulations in the United States and elsewhere, including without limitation laws relating to the export or re-export of information, materials and services.
Updates and amendments
We may update and amend the Website at any time without notice to you. We may update and amend these Website Terms at any time without notice to you, which we may do by posting any changes on the Website. Please review these Website Terms regularly to make sure you are familiar with the latest terms as they are binding on you.
If you have any questions about these Website Terms, please contact us at:
Fitesa Legal Department
840 SE Main Street
Simpsonville, SC 29681