TERMS & CONDITIONS
Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forgoing any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. FTI will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from FTI on this Site and other than generally available third-party web browsers (e.g., Google Chrome, Safari).
II. Memberships & Orders
Please note that there may be certain memberships and/or orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any membership or order for any reason, at any time. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy, and your order is shipped. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any membership and/or order. We will contact you if all or any portion of your membership or order is canceled or if additional information is required. If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge. While FTI strives to provide accurate product and pricing information, pricing or typographical errors may occur. FTI cannot confirm that the information and/or pricing as typographical errors may occur. FTI cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, FTI shall have the right, at its sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, FTI may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice.
III. Warranty Disclaimer
THE CONTENT ON THIS SITE IS PROVIDED TO USERS “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PRUPOSE, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. FTI DOES NOT WARRANT THAT THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE INCLUDING WITHOUT LIMITATION TYPOGRAPHICAL, FACTUAL ERRORS, OR TECHNICAL INACCURACIES. FTI PROVIDES NO WARRANTY THAT THE SITE WILL BE FREE OF TECHNICAL MALFUNCTIONS, OR THAT THE SITE=S SERVER WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE, BY YOUR USE OF THE FTIPerformance.com WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
IV. Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL FTI OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF FTI HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, IN NO EVENT WILL FTI BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE ON THE DATE WHICH THE CLAIM AROSE.
V. Third Party Links
The links from the FTI website to the World Wide Web provide access to information from a variety of sources. The presence of these links is not an endorsement of any product or information available from other sources. FTI disclaims any and all responsibility for the information which is accessible through this web site, and assumes no liability associated therewith. We make no warranty, guarantee, or representation, express or implied, with respect to the accuracy, effectiveness, or usefulness of any information, methods, or materials that are available, or described herein. FTI does not assume any liability for the use of any information, methods, or materials found herein or for damages arising from such use, nor assume any responsibility for any injury to individuals or property, or for any financial loss, sustained as a result of the use or application of the information, methods, or materials that are available, or described, in our links to other sites. FTI has no control over the resources that can be accessed from our website.
VI. User Input
Unless otherwise provided in the Terms and Conditions, any communication, material or feedback with regard to contents on this Site transmitted by a user of this Site via electronic mail or otherwise, including any data, questions, or comments regarding the content of any document or other information contained on this Site, shall be deemed to be non-confidential and FTI shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation.
Registered users may post reviews, comments, photos, and other communications; and submit suggestions, ideas, comments, questions, or other information. Users are not permitted to post content that is illegal, false, misleading, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, violates any local, state, or Federal law, or any form of user initiated submission as set forth in Section 1 above. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content.
If you do post content or submit material, and unless we indicate otherwise, you grant FTI a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant FTI and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify and defend FTI for all claims resulting from content you supply; the duty to defend is distinct from the indemnity obligation. FTI has the right, but not the obligation, to monitor and edit or remove any activity or content. FTI takes no responsibility and assumes no liability for any content posted by you or any third party.
VII. Trademarks and Copyrights
All trademarks relating to the Site, including but not limited to "FTI Performance", "FTI Converters", "FTI Transmissions", or “FTIPerformance.com” is the sole property of FTI. In addition, other names, logos, characters and images on the Site are the trademarks of FTI, or their respective owners. You agree not to use any trademark located on the Site for any purpose without the prior written consent of FTI or the appropriate trademark owner. All content, including but not limited to, articles, stories, images, video, graphics, sounds, software, and source code on the Site is subject to copyright protection and may not be displayed, reproduced, modified, or used in any way except as expressly permitted by these Terms and Conditions, or with the prior written permission of FTI.
You agree to defend, indemnify, and hold harmless FTI and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site. You acknowledge that the duty to defend is distinct from the indemnity obligation.
X. Jurisdictional Issues
This agreement shall be governed by, construed and enforced according to the laws of the state of Florida. You expressly consent to the venue and jurisdiction of state courts located within Volusia County, Florida.
XI. Severability, Integration and Amendment
If any provision of the Terms and Conditions shall be held to be unlawful, void, or unenforceable for any reason, that provision shall be enforced to the maximum extent possible but will otherwise be severable from the Terms and Conditions and shall not affect the validity or enforceability of any remaining provisions. The provisions of the Terms and Conditions and each right and obligation referenced herein represent the entire agreement between you and FTI, its affiliates or related entities. The Terms and Conditions shall supersede any prior agreements or understanding not incorporated herein. These Terms and Conditions may not be amended, waived, modified. FTI may terminate this agreement at any time without notice, and deny access to Site by any subsequent action unless set forth in a revised Terms and Conditions posted on this Site by FTI.