FKS Terms and Conditions
FKS, Inc. (“FKS”) provides this web site (the “Website”) to you, subject to the terms and conditions contained in
(A) By accessing the Website, you agree to comply with all of the terms and conditions in this Agreement. The right
to access the Website is personal to you and is not transferable to any other person or entity. You are solely
responsible for protecting the confidentiality of your Website password(s), if any.
(B) FKS has the right at any time to change or discontinue any aspect or feature of the Website, including, but not
limited to, content, hours of availability, and equipment needed for access or use.
2. Changed Terms. FKS has the right at any time to change or modify the terms and conditions applicable to your
use of the Website, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and
charges for use. Such changes, modifications, additions or deletions will be effective immediately upon notice
thereof, which may be given by any means including, but not limited to, posting on the Website, or by electronic or
conventional mail, or by any other means by which you obtain notice thereof. Any use of the Website by you after
such notice will be deemed to constitute acceptance by you of such changes, modifications or additions.
3. Equipment. You are responsible to obtain and maintain all telephone, computer hardware and other equipment
needed for access to and use of the Website and all charges related thereto.
4. Subscriber Conduct.
(A) Lawful Purposes. You may only use the Website for lawful purposes. You may not post or transmit through the
Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening,
abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable,
which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any
law. Any conduct by you that in FKS’s sole discretion restricts or inhibits any other person from accessing, using or
enjoying the Website will not be permitted.
(B) FKS Intellectual Property. The Website contains copyrighted material, trademarks and other proprietary materials
and information, which may include, but is not limited to, text, software, photos, video, graphics, music and sound.
FKS intends to pursue a copyright registration of the entire content of the Website as a collective work under the
United States copyright laws. FKS owns a copyright in the selection, coordination, arrangement and enhancement of
such content, as well as in the content original or assigned to FKS. You may not modify, publish, transmit, participate
in the transfer or sale, create derivative works, or in any way exploit, any of the Website content, in whole or in part
without FKS’s prior written authorization. You may download copyrighted material for your personal use only. Except
as otherwise expressly permitted under the United States copyright laws, no copying, redistribution, retransmission,
publication or commercial exploitation of downloaded material will be permitted without permission.
5. Disclaimer of Warranty.
(A) YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. NEITHER FKS NOR ITS LICENSORS
WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY
AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR AS TO THE ACCURACY, RELIABILITY
OR CONTENT OF ANY INFORMATION, SERVICE, MERCHANDISE, SOFTWARE, ARTICLES, INFORMATION OR
MATERIALS PROVIDED THROUGH THE WEBSITE.
(B) THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
(C) FKS DOES NOT WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF
INFORMATION OR MATERIALS APPEARING ON OR DOWNLOADED FROM THE WEBSITE. ADDITIONALLY, THERE ARE
NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
6. Limitation of Liability.
(A) IN NO EVENT WILL FKS, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING
THE WEBSITE OR THE CONTENT THEREON OR DOWNLOADABLE THEREFROM, BE LIABLE FOR ANY DAMAGES,
INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE OR THE CONTENT DERIVED
(B) THIS LIMITATION OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF
PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO,
ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE,
OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT FKS IS NOT LIABLE FOR THE
DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER PERSONS OR THIRD PARTIES AND THAT THE RISK OF
INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
(C) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER FKS NOR ITS LICENSORS WILL BE LIABLE
REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS
IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE WEBSITE OR
DOWNLOADABLE THEREFROM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE
USER, OR FOR ANY CLAIMS OR LOSS.
7. Monitoring. FKS has the right, but not the obligation, to monitor the content of the Website, to determine
compliance with this Agreement and any operating rules established by FKS and to satisfy any law, regulation,
authorized government request, or trade association guideline. FKS has the right in its sole discretion to edit, refuse
to post or remove any material submitted to or posted on the Website. Without limiting the foregoing, FKS has the
right to remove any material that FKS, in its sole discretion, finds to be in violation of the provisions hereof or
8. Indemnification. You agree to defend, indemnify and hold harmless FKS from and against all claims and expenses,
including attorneys’ fees, arising out of the use of the Website or content derived therefrom by you.
9. Termination. Either FKS or you may terminate this Agreement at any time. Without limiting the foregoing, FKS has
the right to immediately terminate your access to the Website in the event of any conduct by you which FKS, in its
sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. The provisions
of Sections 4, 5, 6, 8, 9, 11, 12 and 12 will survive termination of this Agreement.
10. Trademarks. “FKS” is a trademark of FKS, Inc. All rights reserved. All other trademarks appearing on the
Website are the property of their respective owners.
11. Listing Content. FKS neither endorses nor is responsible for the accuracy or reliability of any opinion, advice,
content or statement made on or off the Website, or downloadable from the Website, by anyone other than
authorized FKS employee spokespersons while acting in their official capacities. Under no circumstances will FKS be
liable for any loss or damage caused by your reliance on information obtained through the Website or through
another user of the Website. It is your responsibility to evaluate the accuracy, completeness or usefulness of any
information, opinion, advice or other content available through the Website or through another user of the Website.
Advice of a professional, if appropriate, may be necessary for you regarding the evaluation of any specific
information, opinion, advice or other content.
12. Miscellaneous. This Agreement and any operating rules for the Website established by FKS constitute the entire
agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral
agreements between the parties with respect to such subject matter. The construction, interpretation and
enforcement of this Agreement, as well as any and all other claims arising from this Agreement or arising from any
of the proposals, negotiations, communications or understandings regarding this Agreement, will be governed by and
construed in accordance with the laws of the State of Missouri without regard to the conflict or choice of laws
provisions thereto. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an
appropriate federal or state court located in the State of Missouri, County of St. Louis, and you hereby submit to such