2. Copyright & Trademark
Unless otherwise indicated, the documents and information, including, but not limited to, text, graphics, icons, logos, buttons and http://www.fpda.org/aws/FPDA/am/gi, on this Website are copyrighted materials of, and owned and controlled by, FPDA or the party credited as the provider of the content. Reproduction or storage of documents and information from this Website is subject to the U.S. copyright laws, and other international copyright laws. All software used on this Website is the property of FPDA or its software suppliers and is subject to U.S. and international copyright law. You may not modify, decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of this Website. You may not reproduce, modify, distribute, transmit, republish, display or perform any of the content of this Website. See the Claims for Copyright Infringement Policy for FPDA’s procedures for handling claims of copyright infringement.
Fluid Power Distributors Association, Fluid Motion and Control Network, FPDA and the FPDA logo are trademarks of FPDA. This Website contains many third-party trademarks and service marks of participating manufacturers, suppliers and distributors. All marks are the property of their respective holders.
3. Third Party Content
This Website provides content, hyperlinks and references to external websites of third-parties, including, without limitation, the websites and material of third-party FPDA member companies, distributors, manufacturers, vendors and suppliers and the third-party website of the E-Networks Service (“FPDA E-Networks”). FPDA E-Networks is a Restricted Access feature of the FPDA Website and can only be accessed through the Restricted Access page of this Website. FPDA neither endorses nor is responsible for the availability, accuracy, currency or reliability of any information, statement, opinion or advice contained in such a third party's website or material. You should use them with caution. It is the responsibility of every User to evaluate the accuracy, currency, completeness or usefulness of any information, statement, opinion or advice or other content available through any third party website. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, statement, opinion, advice or other content. Any concerns regarding such third-party content should be directed to the third-party. You acknowledge that under no circumstances will FPDA be liable for any loss or damage caused by reliance on information obtained through a third party Website. Nothing on this Website shall be deemed to be a recommendation of any third-party or to constitute any representation as to a third-party’s qualifications, services, products, offerings, information or any other content.
In particular FPDA has no control over FPDA E-Networks, and thus disclaims liability for the availability of this external site or its resources. FPDA also does not endorse and is not directly or indirectly liable for any content, advertising, products, or other materials on or made available from FPDA E-Networks or its resources, or for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through FPDA E-Networks.
4. Member Indemnification Obligation
5. Employee Recruitment Disclaimer
The purpose of this Website and, if you are an FPDA Member Company, FPDA E-Networks is to foster professional business relationships within the fluid power industry. It is foreseeable that relationships and contacts forged through this forum may potentially lead to the recruitment of your employees by other FPDA member companies. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT FPDA IS NOT LIABLE TO YOU FOR ANY RELATIONSHIPS OR CONTACTS THAT MAY ENSUE THROUGH THE USE OF THIS WEBSITE OR FPDA E-NETWORKS.
6. Articles Disclaimer
This Website and FPDA E-Networks may post articles containing information in the form of news and/or opinions that, unless otherwise stated therein, should not be construed as specific advice or instruction from FPDA or official expressions of FPDA. FPDA does not warrant, neither expressly or by implication, the factual accuracy of the articles posted, nor does it adopt any statement as its own, or warrant any news or opinions offered by the author of said articles. Although FPDA believes all statements made in the articles to be reliable and accurate based upon representations made by the authors themselves, FPDA cannot guarantee that such statements are reliable and accurate and FPDA accepts no fault or liability for any error or omission with respect to such articles.
7. Business Forms Disclaimer
This Website and FPDA E-Networks may post business forms designed to provide authoritative and accurate information in regard to the subject matter covered solely as a starting point for you. To the extent that any of these business forms contain legal principles, you should not rely upon these business forms as a substitute for legal advice. The accuracy of the information is not guaranteed by FPDA since the applicability of the legal principles contained within the business forms may change and/or be subject to differing interpretations in individual situations or in different states or jurisdictions. Legal advice of any nature should be sought from competent, independent, legal counsel in the relevant state or jurisdiction and FPDA makes absolutely no warranties regarding the suitability of these business forms for a particular purpose.
8. Warranty Disclaimer
This Website and, if you are a FPDA Member Company, FPDA E-Networks is provided to you by FPDA for Your use on an “As Is” basis. FPDA makes no representations or warranties of any kind, express or implied, as to the operation of the Website or as to the information, content, materials, or products included on this Website. FPDA uses its best efforts to maintain this Website but is not responsible for the results of any defects that exist in this Website, any outages, interruptions, viruses or other harmful components. You should not assume that this Website or its content is error free or that it will be suitable for the particular purpose that you have in mind when using it. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FPDA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
9. Limitation on Liability
10. Who May Use?
A FPDA Member Company’s employees or other third-parties that access this Website on the Internet (“Users” or “employees”) may use this Website for their personal or their company’s use in order to inform themselves about FPDA, its programs and its members for themselves or for their company and for no other purpose. Other than the foregoing, Users may not use this Website or post any material to this Website that is commercial in nature without the prior consent of FPDA, including, but not limited to, junk mail, spam, chain letters or any other form of solicitation. Users are forbidden to sell, trade or distribute the contents of this Website or any data obtained from this Website to anyone. In no event may this Website be used or linked to by any party charging a fee for access to this Website or for access to any information gathered in this Website, including, but not limited to, any product or pricing information.
11. Responsibility for Content
12. User Guidelines
15. Choice of Law and Forum; Severability; Entire Agreement; No Modifications
16. FPDA E-Networks
You acknowledge and agree that FPDA E-Networks is a free service, and additional value, offered to FPDA member companies and their employees when a FPDA Member Company makes payment to FPDA of its membership fee, and is by no means the only value provided to a FPDA Member Company for the payment of a membership fee to the FPDA. In other words, each FPDA Member Company agrees that it has paid, and would pay, its membership fee irrespective of the fact that FPDA has entered into an agreement with CommPartners to provide its FPDA member companies and their employees with access to FPDA E-Networks and therefore, FPDA may discontinue access to this Service for the FPDA member companies or their employees at any time in its sole and absolute discretion and for any reason.
17. Customer Inquiries
CLAIMS OF COPYRIGHT INFRINGEMENT POLICY
The following Agent has been designated by Fluid Power Distributors Association ("FPDA") to receive notifications of alleged copyright infringement:
Kathleen A. DeMarco, Executive Director
Fluid Power Distributors Association, Inc.
1930 East Marlton Pike
Cherry Hill, NJ 08003
Each notification of infringement must include the following:
1. a description of the allegedly infringed work in which copyright is claimed;
2. a description of the allegedly infringing material and information reasonably sufficient to permit FPDA to locate the material;
3. information sufficient for FPDA to contact you, including your name, address, telephone number and/or email address;
4. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, by its agent, or the law;
5. a statement by you, made under penalty of perjury, that the above provided information is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and
6. a physical or electronic signature of the copyright owner or a person authorized to act on the owner’s behalf.
In response to each notification of infringement containing the information as outlined in 1 through 6 above, FPDA shall:
1. remove or disable access to the material that is deemed infringing;
2. provide written notification to the alleged infringer ("subscriber"); and
3. take reasonable steps to promptly notify the subscriber that it has removed or disabled access to the material.
III. Counter Notification
A subscriber may serve a counter notification on the designated Agent. Each counter notification must include the following:
1. identification of the material that has been removed or to which access has been disabled;
2. a statement, made under penalty of perjury, that the subscriber has a good faith belief that the material was removed or disabled through mistake, or misidentification;
3. the subscriber’s contact information, including, name, address, telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscribers address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification or an agent or such person; and
4. a physical or electronic signature of the subscriber or a person authorized to act on the subscriber’s behalf.
IV. Response to Counter Notification
In response to each Counter Notification containing the information as outlined in 1 through 4 above, FPDA shall:
1. promptly provide the complaining party with a copy of the counter notification;
2. inform the complaining party that it will replace the removed material or cease disabling access to it within ten (10) business days;
3. replace the removed material or cease disabling access to the material within fourteen (14) business days following receipt of the counter notification, provided that FPDA’s designated Agent has not received notice from the complaining party that an action has been filed seeking a court order to restrain subscriber from engaging in infringing activity relating to the material on FPDA’s system or network.
NOTICE: Any person who knowingly materially misrepresents that material is infringing, or that it was removed or blocked through mistake or misidentification, is liable for any resulting damages (including costs and attorney’s fees) incurred by the alleged infringer, the copyright owner or its licensee, or the service provider, under Title 17, United States Code, Section 512(f).
Acceptable Use Policy
FPDA has entered into an agreement with CommPartners (doing business as “iCohere” and “Springboard”), the owner and operator of the software found at www.icohere.springboard.com/fpda (“E-Networks Service”) for CommPartners to make the E-Network Service available to employees of Members of the FPDA (“FPDA E-Networks”).
This FPDA Website and FPDA E-Networks shall be used for professional business purposes only.
In this respect, you (and each of your employees) agree not to:
A. Use this FPDA Website or FPDA E-Networks to submit, distribute, upload, post, email, transmit or otherwise make available:
1. Content that is: Harmful, threatening, abusive, harassing or tortious; Insulting, inflammatory, hateful or violent; Illegal, unlawful or criminal, encouraging or advocating of illegal, unlawful or criminal activity, discussing illegal, unlawful or criminal activities with intent to commit them or engaging in illegal, unlawful or criminal activity, including, but not limited to child pornography, stalking, harassment, sexual assault, fraud, or drug dealing; Defamatory or libelous; Vulgar, obscene, pornographic or otherwise sexually explicit; Invasive of another's privacy or publicity rights; or Bigoted, or racially, ethnically or otherwise objectionable;
2. Content regarding pricing, output, refusals to deal, or other conduct prohibited by antitrust and unfair competition laws and regulations;
3. Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
4. Content that infringes or violates any copyright, patent, trademark, trade secret, or other proprietary or contractual rights of any party;
5. Content for personal or commercial solicitation—that is, offering, buying, selling, advertising, or marketing of goods or services, including job search, or otherwise solicit others for commercial, personal, or charitable purposes of any kind;
6. Content that does not generally pertain to the designated topic or theme of the forum; or
7. Material or computer code, files or programs that contain software viruses designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other harmful component, or otherwise damage the FPDA Website, FPDA E-Networks, or any connected network.
B. Impersonate any person or entity, including, but not limited to, an administrator of the site, forum leader or member, or misrepresent your identity or affiliation with a person or entity, including but not limited to using another person’s account information, name, likeness, voice, image or photograph, or otherwise violate or attempt to violate the security, efficiency, reliability, or integrity of the FPDA Website or FPDA E-Networks or any of their content in any way, including, without limitation, forging TCP/IP packet headers or payloads or accessing or attempting to access parts of this Web Site restricted to User access;
C. Engage in “flaming,” “spamming,” “flooding,” “trolling,” or “griefing” as those terms are commonly understood and used on the Internet.
D. Delete any legal notices, disclaimers, or proprietary notices, such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify, or delete or revise any material posted by FPDA or by another Member or its employees;
E. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the site.
F. Use this Web Site in any way that is not in accordance with all applicable international, federal, state and local laws and regulations.
Further, you agree that, when you and your employees use this FPDA Website and FPDA E-Networks, you and your employees represent, warrant, and agree that no materials submitted through your account or otherwise posted, transmitted, or shared by you and/or your employees will violate or infringe upon the rights of any third party. You further acknowledge that you and your employees own or have the necessary rights, licenses, consents, and permissions to use, distribute, or otherwise exploit all copyrights, trademarks, patents, trade secrets, privacy, and publicity rights and/or other proprietary rights contained in any content that you or your employees submit, distribute, upload, post, email, transmit or otherwise make available.
To foster the free exchange of ideas, please make sure that your employees keep their conversations clean and respectful and refrain from transmitting the prohibited content as stated above. If you or your employees see objectionable material, please notify us promptly by clicking here: email@example.com
FPDA reserves the right to remove materials in violation of the Acceptable Use Policy, at its sole discretion, and take such other action as FPDA deems appropriate, including reporting to and cooperating with government authorities.
HOWEVER, FPDA CANNOT AND DOES NOT ASSURE THAT OTHER USERS ARE OR WILL BE COMPLYING WITH THIS ACCEPTABLE USE POLICY. THEREFORE, BY USING THE RESTRICTED ACCESS FEATURES OF THE FPDA WEBSITE AND FPDA E-NETWORKS, YOU AND YOUR EMPLOYEES ASSUME ALL RISK OF HARM OR INJURY RESULTING FROM ANY SUCH LACK OF COMPLIANCE.
PLEASE NOTE THAT COMMPARTNERS, THE OWNER AND OPERATOR OF FPDA E-NETWORKS, MAY ATTEMPT TO HAVE, OR MAY HAVE, THE RIGHT, BY CONTRACT OR OTHERWISE, TO HOLD YOU AND YOUR EMPLOYEES RESPONSIBLE, OR MAY OTHERWISE REQUEST THAT YOU OR YOUR EMPLOYEES INDEMNIFY AND HOLD IT HARMLESS, FOR THE USE OF FPDA E-NETWORKS BY YOU OR YOUR EMPLOYEES.
THE MEMBER INDEMNIFICATION OBLIGATION: