Terms of Use

Use of Content

The documents, graphics, and other information ("Content") posted on the FESS website are owned by FESS, or are provided with permission of the owner.

The information provided on this website is for general informational and educational purposes for members of the general public, clients, and potential clients. Certain sections of this website are intended for particular audiences, including FESS’s employees, the media and customers, as well as members of the general public. Your access to and use of the information contained on the website is subject to this Terms of Use Agreement. By accessing and using this website, you accept, without limitation or qualification, this Terms of Use Agreement.

You may access the Content solely for your personal, noncommercial use. You may download or print a copy of portions of the Content, provided any copy retains all applicable copyright notices. All other rights, title, and interest to the Content are expressly reserved by FESS.

You will comply with all applicable laws in connection with the use of this website. You will not engage in conduct on or in connection with this website that is illegal, misleading, infringing, defamatory, obscene, offensive, or otherwise objectionable. You will not cause damage, embarrassment, or adverse publicity to FESS.

You will cooperate with all reasonable requests of FESS and will notify FESS promptly upon learning of any actual or suspected breach of these terms and conditions by you or unauthorized use or abuse of this website. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the Content. You shall indemnify and hold FESS harmless against any liability (including reasonable attorney fees) arising from or related to your failure to comply with these Terms of Use.

Website and Registration Administration

Per the "Use of Content" terms above, you may link to any page of this website as long as the link is without framing. However, in the event FESS deems your linking practices in relation to this website to be inappropriate, FESS may provide notice to you concerning removal or modification of the inappropriate link, and you agree to comply with any and all requirements of FESS relating thereto. Upon notification of FESS as provided above, you may link to this website unless and until FESS gives notice that you must discontinue linking to this website.

FESS may in its discretion modify, edit, translate, suspend, restrict access to, or terminate this website, these terms and conditions, the Content, or any link at any time without liability or prior notice. FESS may in its discretion terminate the browsing of, registration with, and use of this website by you at any time without liability or prior notice for any reason, including for any breach of these terms and conditions.

Third-Party Website Links

As a convenience to you, this website may contain content, links, and other information submitted by third parties over whom FESS has no control or responsibility. FESS has no obligation to monitor, control, or restrict the use of this website, or third-party websites accessible via links on this website.

These other sites are not under the control of FESS, and you acknowledge that (whether or not such sites are affiliated in any way with FESS ) FESS is not responsible for and makes no warranties or representations of any kind as to the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by FESS or any association with its operators. Moreover, FESS has no obligation to verify any content submitted by you or to provide any registration or other information to you concerning any content.

Disclaimer

The website and its Content are provided free of charge and on an AS IS basis. FESS does not warrant that your use will be uninterrupted or error-free. This website may contain inaccuracies, out-of-date information, and typographical errors. FESS makes no warranties or representations of any kind as to the accuracy, currency, completeness, or reliability of any advice, opinion, statement, or other information displayed or distributed through this website. By use of this website, you acknowledge that any reliance on any such opinion, advice, statement, report, or information shall be at your sole risk. FESS reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the website, and to make other changes to the website at any time without notice.

YOU AGREE THAT ACCESS TO AND USE OF THIS WEBSITE AND THE CONTENT THEREOF IS AT YOUR OWN RISK. FESS PROVIDES NO WARRANTY, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT IN CONNECTION WITH THIS WEBSITE OR ITS CONTENT.
NEITHER FESS NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS WEBSITE SHALL BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF ACCESS TO, USE OF, OR INABILITY TO USE THIS WEBSITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF. THIS LIMITATION INCLUDES DAMAGES TO, OR FOR ANY VIRUSES THAT INFECT, YOUR COMPUTER EQUIPMENT.

Limitation of Liability

In no event shall FESS be liable to any party as a result of use of this website for any direct, indirect, special, incidental, or consequential damages (including, without limitation, damages for lost profits, lost data, or business interruption), whether based on warranty, contract, negligence, tort, or any other legal theory, even if FESS has been advised of the possibility of such damages.

Indemnification

You agree to indemnify, defend, and hold harmless FESS, its officers, directors, employees, agents, suppliers, and third-party partners from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms of Use.

Governing Law

FESS maintains this site in Pasadena, California, USA. FESS makes no representation that materials on this website are appropriate or available for use at locations outside of the United States, and access to this website from locations where its contents are illegal is prohibited. You may not use this website or export the materials on this website in violation of U.S. export laws and regulations. If you access the website from a location outside of the United States, you are responsible for compliance with all local laws.

These Terms of Use are governed by and construed in accordance with the laws of California, without regards to California's conflict of law principles. Any dispute relating to this Agreement shall be submitted to arbitration conducted in Los Angeles County, California.

You are responsible for complying with the laws of the jurisdiction from which you are accessing this website, and you agree that you will not access or use the information on this site in violation of such laws.

Intellectual Property

The entire contents of this website are subject to copyright protection. The contents of this website may not be copied other than for noncommercial individual reference with all copyright or other proprietary notices retained, and thereafter may not be recopied, reproduced, or otherwise redistributed. Except as expressly provided above, you may not otherwise copy, display, download, distribute, modify, reproduce, republish, or retransmit any information, text, or documents contained in this website or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such images, text, or documents, without the express written consent of FESS . Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent or trademark of FESS or any third party.

FESS, FESS Energy, Inc., the FESS logo and FESS Energy, Inc. logos, Perspectives,Consult, and the other logos, taglines, and slogans on this website are FESS's. Other product or company names may be the trademarks or service marks of their respective owners.

Elements of this website are protected by trade dress and other laws, and this website and its appearance, including website code and scripts, may not be copied or imitated in any way without the express written consent of FESS.

Forward-Looking Statements

Some of the information on this website and the documents within it may contain forward-looking statements regarding future events or the future financial performance of the Company. Any forward-looking statement speaks only as of the date made. We undertake no obligation to update any forward-looking statements to reflect events or circumstances arising after the date on which they are made. We refer you to the Company’s annual report on Form 10-K and quarterly reports on Form 10-Q on file with the U.S. Securities and Exchange Commission (SEC). These documents identify important factors that could cause the actual results to differ materially from those contained in our forward-looking statements.

Miscellaneous

This Terms of Use Agreement constitutes the entire agreement between you and FESS with respect to the use of this website. If for any reason a court of competent jurisdiction finds any provision of this Terms of Use Agreement or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Terms of Use Agreement, and the remainder of this Terms of Use Agreement shall continue in full force and effect.

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