TERMS OF SERVICE
Terms of Service / Membership Agreement for FMPug
The following is the Terms of Service/ Membership Agreement between FMPug and its affiliated entities (collectively referred to as FMPug.com, FMPug, DnG Inc, We, Us and Our) and the enrolled member (You, Your, Member).
THE FMPUG TERMS OF SERVICE (TOS) ENCOMPASSES THE MEMBER AGREEMENT, THESE TERMS OF SERVICE AND OTHER ACCEPTABLE USE POLICIES THAT HAVE BEEN ADOPTED BY FMPUG TO GOVERN THE USE OF YOUR ACCOUTN ON THE FMPUG.COM SERVICE. BY SIGNING ON TO THE FMPUG SITE AS A GUEST AND/OR COMPLETING THE MEMBER REGISTRATION PROCESS AND SELECTING THE "LOG IN" OPTION, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME.
IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT REEGISTER FOR OR ENTER THE FMPUG.COM SITE.
IF ALREADY A MEMBER OF FMPUG.COM AND YOU DO NOT AGREE TO ANY OF THE CHANGES PROPOSED OR IMPLEMENTED BY FMPUG OR ANY OF THE TOS, YOUR ONLY REMEDY IS TO CANCEL YOUR FMPUG.COM MEMBERSHIP.
WE URGE YOU TO READ THESE TERMS OF SERVCE (MEMBERSHIP AGREEMENT) CAREFULLY AND, IF YOU HAVE ANY QUESTIONS, CALL MEMBER SERVICES AT THE CORPORATE OFFICE (407) 810-4722 OR WRITE US AT THE FOLLOWING EMAIL ADDRESS: info at fmpug.com.
To read specific sections, please click the respective link(s) below:
- Registration & Privacy
- Term of Membership
- Membership Dues
- Program Offer
- Membership Benefits
- Renewal of Membership / Membership Cancellation
- Use of Membership
- Registration and Password
- Modification of Service
- Access to Your Account
- Site Links
- Denial of Access
- Public Areas
- Content of Messages, Posts and/or File Submission
- Unsolicited Bulk Email / Unauthorized Information Harvesting & Advertising
- Suggestions & Comments
- Copyright & Trademark Notices
- Removal of Materials for which Copyright Infringement is Claimed
- Disclaimer of Liabilities
- Remedies for Breach of these Terms by You
- Exclusions and Limitations
- Entire Agreement
- Governing Law
To use FMPug.com, You must be at least 18 years or older to use/register with FMPug.com. Access or use of FMPug.com by any person under the age of 18 is strictly prohibited. Membership of FMPug.com is void where prohibited. By registering as a member of FMPug.com You represent and warrant that You are 18 years of age or older.
We do not accept any responsibility or liability for any content, communication or other forms of use of this site if You violate the minimum age requirement.
To become a member You must register online and You will be required to provide FMPug.com with information pertinent to the registration process. In addition, You may choose to provide FMPug.com with additional information as requested. When You register to become a member You agree to provide accurate and complete information as requested in the registration process. Your registration information will be maintained and allow You to update the information at any time. Upon completion of the registration process, You agree that the registration information is accurate and complete. You acknowledge that We reserve the right to terminate Your membership at any time if You provide false, inaccurate, incomplete information. Please keep Your information current and as accurate as possible at all times.
We use non-identifying and aggregate information to better design Our website and to share it with sponsors, contributors and advertisers. For example, we may tell an advertiser that X number of individuals visited a certain area on Our website, or that Y number of people from country Z filled out Our registration form, but we would not disclose anything that could be used to identify those individuals. FMPug.com reserves the right to offer third party services and products to You based on the preferences that You identify during the registration process and based on Your subsequent preferences.
Your Membership is effective for a period of twelve months following the membership enrollment date under the membership plan. The Agreement of the membership will remain in full force and effective while You use the FMPug.com site.
FMPug provides its service to Our members for an annual fee based on the current pricing schedule, which You agree to pay in advance. These dues include a set dollar amount dedicated to third-party processing administration, and are unrelated to FMPug membership itself. This fee is detailed on the “payment” page and will be added as a supplemental charge and posted on any/all pages related to membership dues.
FMPug reserves the right to change Our fees and billing methods at any time and upon emailing all members 30 days prior to any proposed change. FMPug reserves the option to adjust actual billing days to the nearest business day. Non-receipt of any such email notice by a member shall not constitute grounds for any member to claim that no notice was given. FMPug will make every effort to communicate its intentions with all members. If You do not agree to the proposed changes in fees or billing methods, You may cancel Your membership at any time. No portion of FMPug’s membership fee is refundable. Even if account is cancelled, FMPug will not refund any remaining portion of the membership fee.
FMPug has the right to collect applicable taxes and impose premium surcharges for some areas of service. FMPug will provide notices that such content is made available for a premium charge before allowing entry and FMPug will usually but not always secure such content by a separate Username and Password to prevent unauthorized access via Your account(s).
FMPug.com accepts the following forms of payment: by VISA, MasterCard, American Express or Discover; either credit or check debit; FMPug.com does not invoice customers for payment. FMPug.com may also add additional approved payment methods at a later date.
We appreciate and require that You pay Your account balance in full and on-time. Since FMPug.com auto-bills all accounts in advance, FMPug reserves the right to suspend the account for non-payment. In the event of a credit card/ debit card denial, FMPug.com will automatically forward an email to Your account to inform You of the problem. It will be Your responsibility to rectify the issue. If You do not correct the issue and make new payment arrangements, Your account will be subject to cancellation. You may re-activate Your account at anytime within 5 days without penalty. If after 5 days payment is not made, a fee of $30.00 will be assessed in addition to any/all outstanding dues.
You are responsible and liable for any fees, including attorney and collection fees, that FMPug may incur in its efforts to collect any remaining outstanding balances by You. You also agree that You will be billed for and will pay any outstanding balances if You cancel Your membership or are terminated.
You should let us know about any billing problems or discrepancies within thirty  days after they first appear on Your account statement. If You do not bring them to FMPug’s attention within 30 days, You agree that You waive Your right to dispute such problems or discrepancies.
You are enrolling in Our program and You will be entitled to access all the benefits available to members. Your membership is subject to membership dues collected annually.
As a Member, You are entitled to discounts and/or other benefits on certain products and services offered by participating vendors. Some of the Benefits may not be available in Your area.
FMPug does not automatically re-bill your membership once it comes to an end. Within 30 days of your membership ending a notice will be sent out via email and on your homepage will be a link to renew.
If you choose to renew your membership will be extended for one more year. If you let your membership lapse you can renew it at anytime simply by logging back into FMPug with your credentials and your membership will be extended for one year from the point of sign-up.
FMPug.com reserves the right to change fees, surcharges or to institute new fees at any time upon thirty (30) days prior notice, as provided for in these TOS.
You may cancel Your subscription at anytime: Simply email Us from Your email address on file at email@example.com with Your Full Name, Business Name, Address, Phone Number, Membership Type and Chapter (if applicable). FMPug will never sell, rent, or otherwise use the contact information of former members.
You understand that this purchase will appear on Your credit card statement under the name LakeView Consulting Group and/or DnG Inc and that should You have any problems with this order, You can contact FMPug (FMPug.com) at firstname.lastname@example.org for a prompt resolution.
Note: FMPug membership fees are non-refundable and will not offer refunds for its membership services if already billed. You may however cancel at anytime.
All charges for FMPug services will be automatically charged to Your credit card or bank card that You specified upon enrollment. In the event FMPug discovers that services were provided but not billed, FMPug shall have the right to charge such fees at any time after such discovery. Any form of payment that You submit or provided with membership can be charged for services rendered by FMPug. If any form of payment You supply is uncollectible for any reason, FMPug will notify You via email prompting You to change Your applicable payment options. Should Your membership fees remain uncollectible, FMPug reserves the right to charge You a dishonored payment fee of the lesser of $30.00 or the maximum rate permitted by applicable law in addition to any/all outstanding fees. Should FMPug remain unable to collect its debt, membership will be cancelled and collection services may commence (see the Membership Dues section for more details).
Your membership may be cancelled at any time upon receipt by FMPug of written notice of cancellation (refer above). You agree not to initiate any chargeback request of any fees paid to FMPug or its parent/partner company by credit card, and that instead, any dispute between us about charges to Your account will be resolved by written communication between us, and if not so resolved to Your satisfaction, by arbitration. You will not initiate a chargeback request by fraudulently reporting that FMPug or its parent/partner company processed an unauthorized charge on Your credit card, if, pursuant to this agreement, the charge has been authorized by You or anyone under Your authority. If You initiate a chargeback, You shall be liable to FMPug for liquidated damages of the lesser of the maximum liquidated damages permitted by law in this event, or $1,500.00. You should know that We upon notification of a chargeback request, will promptly close Your account and send the account to a collection agency, including the $1,500 liquidated damages.
Membership dues collected by FMpug.com are non-refundable. FMPug.com does not offer refunds for its membership services if already billed. You may however cancel at anytime and You will no longer be billed by FMPug.com or its partner or parent company. No other refunds will be offered.
In the event that Your account is terminated or canceled for any reason, NO REFUNDS, INCLUDING ANY MEMBERSHIP FEES, WILL BE GRANTED; again, this is important: NO REFUNDS, INCLUDING ANY MEMBERSHIP FEES, WILL BE GRANTED; no online time, rebates or other credits will be credited to You or can be converted to cash or other form of reimbursement.
Your membership is only for Your sole and personal use. Other individuals are not permitted to use this Service using Your membership information. Access by other individuals will violate the membership and can result in termination of membership. If You are signed up as multiple members of FMpug.com, each membership will be charged and treated as unique and separate accounts.
Your Membership is non-transferable. You agree that only You may use the Membership. You will promptly notify us if You become aware of any unauthorized use of Your Membership number/information.
You are responsible for maintaining the confidentiality of Your information and password. You shall be responsible for all uses of Your registration, whether or not authorized by You. Again, You agree to immediately notify FMPug.com of any unauthorized use of Your registration or password.
We reserve the right to change or modify the terms of service at any time and Your continued use of this Site will be conditioned upon the terms of service in force at the time of Your use.
You agree that at Our sole discretion and without prior notice or liability, We may at any time either temporarily or permanently discontinue or modify any aspect of Our site including without limitation,
- Restricting the time Our site is available
- Restricting the amount of use permitted
- Restricting or terminating any user's right to use Our site
Access to Your Account
In order to permit Us to protect the quality of Our site and services, You hereby consent to Our employees being able to access Your account and records as necessary to investigate complaints and other allegations or abuse. We shall not disclose the existence or occurrence of such an investigation unless required to by law.
Our web site may include links to other Internet sites maintained by third parties ("Friends of the Pug"). We provide You access to Friends of the Pug Sites solely as a convenience to You. We have no control over Friends of the Pug Sites. You acknowledge and agree that We are not responsible for the availability of Friends of the Pug Sites and You agree and understand that inclusion of Friends of the Pug Sites does not imply Our endorsement of the Friends of the Pug Sites or any content, advertising, products or other material available from Friends of the Pug Sites. You further agree that We shall not be held responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any Friends of the Pug Sites.
The terms of service constitute an agreement that is effective unless and until terminated by Us. If You fail to comply with any term or provision of this Agreement, You agree that We, in Our sole discretion, may terminate Your access to Our Site and/or Your membership.
A Public Area ("Public Area") of the Site is any area where You may submit material ("Submissions") for viewing by others or view Submissions of other FMPug users, such as an upload/download section, profiles, forums, business directory, member reviews or award programs. In some of these areas, a Submission includes the name, ID, nickname, and/or other information that would be displayed with the submitted material, as applicable. You agree to use Public Areas in accordance with the Agreement and any policies for the Public Areas that are displayed on the Site.
BY SUBMITTING MATERIAL TO A PUBLIC AREA, YOU AGREE TO INDEMNIFY FMPug (DnG Inc) AND HOLD IT HARMLESS FROM ALL CLAIMS, INCLUDING, WITHOUT LIMITATION, CLAIMS FOR LIBEL, SLANDER, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT OR OTHERWISE, ARISING FROM SUCH SUBMISSION.
By making a Submission to any Public Area, You automatically grant FMPug the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display and distribute the content of the Submission (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed. You also permit any other user of the FMPug Site to access, view, store, or reproduce the Submission for that user's personal use.
If at Our request You send content (e.g., postings to chat, boards, or contests) or You send us creative suggestions, reviews, ideas, notes, drawings, or other Submissions, such Submissions shall be deemed, and shall remain, the property of FMPug. None of the Submissions shall be subject to any obligation of confidence on the part of FMPug, and FMPug shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, FMPug shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
You alone are responsible for the content of Your messages, and any consequences of such messages. FMPUg.com reserves the right to terminate Your membership if it becomes aware and determines, in its sole discretion, that You are violating any of the following guidelines.
Any use by You of any other subscriber's information, personal or otherwise, for any purpose, commercial or otherwise, or to obtain direct financial gain (e.g. mass marketing) is prohibited. Any such use shall be deemed to be a violation of these Terms of Service. FMPug.com is to be used by You for Your personal use only. Commercial uses of FMPug.com are strictly prohibited unless prior written consent from FMPug.com has been granted. You agree that You will not use FMPug.com or its sub domains for chain letters, research study or survey solicitations, junk mail, "spamming," commercial or non-commercial solicitations, bulk communications or unauthorized member information “harvesting” of any kind, including but not limited to distribution lists to any person who has not given specific permission to be included in such list.
You further agree not to use FMPug.com to send or post on message boards or any place within FMPug.com, any message or material of any kind or nature that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented (unless within the scope of the topic area of a message board as determined by FMPug.com in its sole discretion), racially offensive, inaccurate, or otherwise objectionable material or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. For purposes of the immediately preceding sentence, "masked" vulgarity, obscenity or profanity (e.g. "f*ck") is deemed to be equivalent to including the actual objectionable word, phrase or symbol in Your post, message or otherwise on FMPug.com. FMPug.com reserves the right to delete any such material from FMPug.com. FMPug (DnG Inc) will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Service contained in this Section.
You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of FMPug.com (DnG Inc). You further agree not to use an inappropriate member name of any kind.
You agree not to post or use FMPug.com to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio.
You agree not to a ttach, upload or transmit any content to FMPug.com that infringes the patent, trademark, trade secret, copyright, or other proprietary rights of any party.
You agree not to attach, upload or transmit any content to FMPug.com that contains viruses, Trojan horses, time bombs, worms, cancelbots or other computer programming routines that are intended to damage or interfere with the operation of any system, data, or personal information.
Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
You acknowledge that (i) FMPug.com permits access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Service and applicable copyright, trademark and other laws govern Your use of such content. You may not post to FMPug.com, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. The burden of determining that any information, software, images or any other content on FMPug.com is not protected by Rights rests with You. You acknowledge that FMPug.com may acquire Rights to use any posted materials as described below, and that You will not acquire any of those Rights by downloading such materials.
ANYTHING CONTAINED HEREIN TO THE CONTRARY NOTWITHSTANDING, BY SUBMITTING CONTENT TO ANY MESSAGE BOARDS, CHATS, EXPERT AREAS, QUESTION AND ANSWER FORUMS, UPLOAD/DOWNLOAD AREAS, REVIEWS, SWEEPSTAKES, CONTESTS OR ANY OTHER AREA ON FMPug.com, YOU HEREBY EXPRESSLY PERMIT FMPug.com TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH CONTENT IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH THE CONTENT, UNLESS YOU OTHERWISE NOTIFY FMPug.com's LEGAL DEPARTMENT IN WRITING AT THE TIME YOU SUBMIT THE CONTENT THAT YOU DO NOT WISH TO BE IDENTIFIED.
FMPug has a zero-tolerance policy against unsolicited bulk email or SPAM. Spam is when You send scores, hundreds or even hundreds of thousands of emails all at once to other email boxes for commercial or other solicitation purposes. FMPug (DnG Inc) may commence legal action against spamming user.
Unsolicited bulk email is strictly prohibited.
You may NOT use FMPug’s or any other online business directory or any other online means to harvest or collect information, including usernames and email addresses, about FMPug’s members or other Internet users. The use of such information for the purpose of sending unsolicited bulk email is strictly prohibited. This includes collection of names on a member web page or on message boards. You must also adhere to FMPug’s Privacy Policies.
Chain letters and pyramid schemes are not allowed. Many such activities are illegal. Even those that aren't illegal are annoying to most people and tie up online resources, so We don't allow them. Chain email which claims You will receive some benefit or gift or experience some misfortune if You do/don't forward it to X-number of friends is fraudulent and strictly prohibited.
You may place advertisements only in areas designated for that purpose. Unsolicited advertising is not allowed. This includes the sending of bulk email. You must have permission from FMPug and/or the person to whom You are sending the ad.
Spam is very annoying to receive. If You receive any junk email that could purportedly be tied or linked to Your membership with FMPug, report it to at once. Simply hit the forward button on Your email program, in the Send To box type in ABUSE and hit "send" button. It is imperative the offending email be included within the body or sent as an attachment. Upon receipt, we'll take it from there. FMPug also reserves the right to take any and all legal and technical remedies to prevent unsolicited bulk email from entering, utilizing or remaining within the FMPug network.
Comments & Suggestions
We enjoy hearing from you and welcome your comments about our products and services (see our Contact Us section for ways to communicate with us). However, if you send us a business idea or suggestion--for example, about how to improve or expand our products and services--you agree that FMPug and its affiliates will be completely free to implement, use or modify, in any way, your idea or suggestion (or any part of it), without any payment or other obligation to you.
You acknowledge that Our Site contains information, software, photos, video, text, graphics, music, sounds or other material (collectively, "content") that are protected by copyrights, patents, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protect in all forms, media and technologies existing now or hereafter developed. Except for material in the public domain (“Public Areas”), all content is copyrighted under U.S. copyright laws. The FMPug name and logo are trademarks of DnG, Inc. All other trademarks appearing on the Site are the trademarks of their respective owners. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content in whole or in part.
FMPug respects the intellectual property rights of others. Pursuant to Title 17 U.S.C.512, as amended by Title II of the Digital Millennium Copyright Act ("the Act"), FMPug has implemented procedures for receiving written notification of claimed copyright infringements and for processing such claims in accordance with the Act. If You believe Your copyrights are being infringed by a Member, please contact us at . Material in appropriate circumstances will be removed from the site promptly. This does not include wholly or in part any information located under the sections classified as “Public” Areas.
Please note that FMPug will terminate in appropriate circumstances the account of any Member who repeatedly posts infringing material on the Site, “public” or otherwise.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
WE AND OUR SUBSIDIARIES AND AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR ANY BENEFITS PROVIDED BY PARTICIPATING VENDORS AND, IF YOU HAVE ANY CLAIMS RELATING TO SUCH BENEFITS, YOU WILL MAKE YOUR CLAIM AGAINST THE VENDORS PROVIDING THE BENEFIT
WE MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY OF THE BENEFITS OR RELATED INFORMATION PROVIDED TO YOU.
UNDER NO CIRCUMSTANCES SHALL OUR LIABILITY EXCEED YOUR CURRENT MEMBERSHIP FEE AND UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR YOUR INCIDENTAL OR CONSEQUENTIAL DAMAGES
WE RESERVE THE RIGHT TO ELIMINATE, ADD, CHANGE AND SUBSTITUTE BENEFITS AND PARTICIPATING VENDORS WITHOUT NOTICE TO YOU. WE ASSUME NO RESPONSIBILITY FOR THE PAYMENT OF OR CONTRIBUTION TO ANY USE OR SALES TAX ON THE BENEFITS WHICH MAY BE IMPOSED BY TAXING AUTHORITIES AND SUCH TAXES, TO THE EXTENT IMPOSED, SHALL REMAIN YOUR SOLE RESPONSIBILITY OR THAT OF THE PROVIDER OF THE BENEFITS, AS THE CASE MAY BE.
YOU ARE SOLELY RESPONSIBLE FOR ANY "OVERDRAFT" OR "OVER THE LIMIT" FEES INCURRED BY YOU IN CONNECTION WITH ANY MEMBERSHIP OR RENEWAL FEES AND ANY OTHER AMOUNTS INCURRED BY YOU WHEN YOU USE THIS PROGRAM
OUR SERVICE AVAILABLE THROUGH OUR WEB SITE (THE SERVICE) IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU USE IT AT YOUR SOLE RISK. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT
WITHOUT LIMITATION, WE MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH OUR SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL
NO ADVICE OR INFORMATION OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH OUR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE TERMS OF SERVICE.
FURTHER, YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
THE USE OR INABILITY TO USE THE SERVICE.
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE.
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE. OR
ANY OTHER MATTER RELATING TO THE SERVICE.
IN ORDER TO USE THIS SITE, YOU MUST HAVE ACCESS TO THE WORLD WIDE WEB, EITHER DIRECTLY OR THROUGH DEVICES THAT ACCESS WEB-BASED CONTENT. IN ADDITION, YOU MUST PROVIDE ALL EQUIPMENT NECESSARY TO MAKE SUCH CONNECTION TO THE WORLD WIDE WEB, INCLUDING A COMPUTER AND MODEM OR OTHER ACCESS DEVICE. YOU ARE SOLELY RESPONSIBLE FOR ALL CHARGES ASSOCIATED WITH CONNECTING TO THIS WEB SITE THROUGH AN AVAILABLE ACCESS NUMBER.
Remedies for Breach of these Terms by You
In the event that FMPug determines, in its sole discretion, that You have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for FMPug.com, FMPug reserves the right to (i) warn You via email (to any email address You have provided to FMPug) that You have violated these Terms of Service; (ii) delete any or all content provided by You or Your agent(s) to FMPug.com; (iii) discontinue Your registration(s) with FMPug.com and/or any other FMPug community; (iv) discontinue Your subscription to any digital product, product, course, event, content, tool or service purchased through via the FMPug network; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) discontinue any/all FMPug membership and/or affiliation (vii) any other action which FMPug.com deems to be appropriate.
If Your registration(s) with or ability to access the FMPug Network, any other FMPug community and/or any other service, product, content, course, event, tool or digital product provided to You by FMPug.com is discontinued by FMPug.com due to Your violation of any portion of these Terms of Service or for conduct otherwise inappropriate for the community of the FMPug Network, then You agree that You shall not attempt to re-register with or access the FMPug.com Network, any other FMPug community and/or any other digital product, course content or service provided by FMPug, through use of a different member name or otherwise, and You acknowledge that You will not be entitled to receive a refund for fees related to those digital products, products, courses events or content and services to which Your access has been terminated. In the event that You violate the immediately preceding sentence, FMPug (DnG Inc) reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in subsections (i), (ii), (iii), (iv), (v) and (vi) of this provision without any notice or warning to You.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
This Agreement contains all of the Terms of Service and no representations, inducements, promises or agreements concerning the Membership not included in this Agreement shall be effective or enforceable. If any of the terms of this Agreement shall become invalid or unenforceable, the remaining terms shall not be affected.
This Agreement and the Terms of Service shall be governed and construed in accordance with the laws of the State of Florida without giving effect to the choice of law provisions thereof. Any dispute arising between You and Us will be resolved by submission to arbitration in Orange County, State of Florida in accordance with the rules of the American Arbitration Association then in effect. Notwithstanding the foregoing, nothing in this Agreement is intended or shall be construed to negate or otherwise affect the consumer protection laws of the state in which You reside.