TERMS & CONDITIONS
By using the websites hosted by Fisher Brothers ("Fisher") and its affiliates (collectively referred to as the "Fisher Website"), you agree to be bound by all of the terms and conditions outlined herein and to use the Fisher Website only as permitted by these Terms and Conditions and not for any unlawful or inappropriate purpose. If you do not agree with these Terms and Conditions, you must immediately stop using the Fisher Website.
Fisher reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions, in whole or in part, at any time by posting revised Terms and Conditions on the Fisher Website. Changes in these Terms and Conditions will be effective when such change is posted. Your continued use of the Fisher Website after any changes to these Terms and Conditions are posted on the Fisher Website will be considered acceptance of those changes. Fisher may terminate, change, suspend or discontinue any aspect of the Fisher Website, including the availability of any features of the Fisher Website, at any time. Fisher may also impose limits on certain features and services or restrict your access to parts or the entire Fisher Website without notice or liability. Fisher may terminate the authorization, rights and license given herein at any time and for any reason or no reason.
FISHER INTELLECTUAL PROPERTY
All content included on the Fisher Website, including text, graphics, logos, button icons, images, and software, is the property of Fisher or its content suppliers and is protected by United States and international copyright, trademark or other laws and regulations. You agree to access the materials posted on these pages manually, and not automatically, and solely for your own personal use or in connection with any business relationship between yourself and Fisher, and such materials may be downloaded to your own hard disk or sent to a printer solely for that purpose, provided that you (a) keep intact all copyright, trademark and other proprietary rights notices and (b) make no modifications to the materials so downloaded. You agree not to copy, modify, broadcast, publish, retransmit, disseminate, commercially exploit or distribute the contents of these pages without the express written permission of Fisher. Nothing contained herein confers, by implication, estoppel or otherwise, any license or right under any patent, trademark, copyright or other proprietary right of Fisher. All rights are hereby reserved.
USE OF CONTENT
All information and content included on the Fisher Website is provided "as is" and without warranty of any kind, either expressed or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Fisher strives to provide accurate and up-to-date material on the Fisher Website. However, Fisher makes no warranties or representations as to the accuracy or timeliness of the material provided through the Fisher Website. Fisher assumes no liability or responsibility for any errors or omissions on the Fisher Website and does not warrant that access thereto will be uninterrupted, that defects, if any, will be corrected, or that the Fisher Website or the servers that make the materials thereon available are free of viruses or other harmful components.
You agree not to take any action, alone or with others, that would interfere with the operation or performance of the Fisher Website, to alter the Fisher Website in any way, or to impede others' access to and freedom to enjoy and use the Fisher Website.
For your convenience, Fisher may provide links to websites belonging to other companies, including affiliates of Fisher. Those websites are not under the control of Fisher and Fisher does not monitor, make any representation with respect to or assume any liability with respect to any third-party websites, including for any products or services that are advertised or available for purchase through such third-party sites. The fact that Fisher has provided a link to such websites is not to be interpreted as an endorsement of their contents. You shall remain solely responsible for protecting yourself from viruses and other destructive elements that may be present of those sites.
Each user of the Fisher Website agrees to indemnify and hold harmless Fisher, its affiliates, and its and their respective shareholders, partners, officers, trustees, directors, agents and representatives from and against all claims and expenses, including attorneys' fees, arising out of any breach by the user of these Terms and Conditions or the use of the Fisher Website or any of the content herein.
LIMITATION OF LIABILITY
NEITHER FISHER, NOR ITS AFFILIATES OR ITS OR THEIR RESPECTIVE SHAREHOLDERS, PARTNERS, OFFICERS, TRUSTEES, DIRECTORS, AGENTS OR REPRESENTATIVES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FISHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO: (I) YOUR USE OR INABILITY TO USE THE FISHER WEBSITE; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENT OR CONDUCT OF ANY THIRD PARTY ON THE FISHER WEBSITE; OR (IV) ANY OTHER MATTER RELATING TO THE FISHER WEBSITE OR ITS CONTENTS.
SEVERABILITY; CONSTRUCTION; LIMITATION
The provisions of these Terms and Conditions are intended to be severable. If for any reason any provision of the Terms and Conditions are held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. The failure of Fisher to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
In these Terms and Conditions, the word "including" is used illustratively, as if followed by the words "without limitation." YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR YOUR USE OF THE FISHER WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
JURISDICTION AND VENUE MATTERS
In the event of a dispute arising under these Terms and Conditions, you agree to submit such dispute to arbitration to be finally determined by arbitration in the City of New York in accordance with the Commercial Arbitration Rules of the American Arbitration Association or its successor; any such determination shall be final and binding upon the parties, whether or not a judgment shall be entered in any court, but judgment on any award rendered by the arbitrator may be entered in any court having jurisdiction. The parties may, at their own expense, be represented by counsel and employ expert witnesses in any such arbitration; provided, however, the non-prevailing party at such arbitration shall be responsible for the legal fees and costs of itself and the prevailing party. We make no representation that the content on the Fisher Website is appropriate or available for use in any particular location. Those who choose to access the Fisher Website do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.
These Terms and Conditions represent the entire agreement between Fisher and you with respect to its subject matter, and may be amended only by Fisher. These Terms and Conditions shall be governed by the laws of the State of New York, without regard to principles of conflicts or choice of laws.