Fisher American LLC Terms of Access
Fisher American LLC websites and mobile applications owned and operated by Fisher American LLC, Inc. (“Fisher American LLC,” “we” or “us”). The Fisher American LLC.com websites and mobile applications, together with the content, software, services, and functionality offered on or through the website and mobile application, are collectively referred to as the “Fisher American LLC Property” in these Terms of Access.
The Fisher American LLC Property offers laboratory furnishings and laboratory fume hoods. We make the Fisher American LLC Property available to you subject to your agreement to these Terms of Access. The purchase of products and services available through the Fisher American LLC Property is subject to additional Terms and Conditions. Additional Terms and Conditions can be fond on our website, Fisheramerican.com. You should review those terms and policies before making a purchase. These Terms of Access (including all documents, policies, conditions and notices) referenced in these Terms of Access) are collectively referred to as the “Agreement.” In this Agreement, the words “include” and “including” will not be construed as terms of limitation.
The Agreement is a legally binding contract between you and Fisher American LLC. By accessing the Fisher American LLC Property in any way, including, without limitation, browsing the Fisher American LLC Property, using any information contained on or in the Fisher American LLC Property, creating a User Account (defined below), and/or submitting information to Fisher American LLC, you agree to and are bound by this Agreement, including, but not limited to, conducting transactions electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of Illinois law.
1. Updates to the Agreement
From time to time, Fisher American LLC may update the Agreement. If we materially update any portion of the Agreement. We will post the updated Agreement in its original location marked with the new date. Changes will not be retroactive. If you object to any changes, you should not access or use the Fisher American LLC Property. Your continued access or use of the Fisher American LLC Property after we publish our changes to the Agreement means that you are consenting to the updated terms.
By accessing or linking to the Fisher American LLC Property, you assume the risk that the information on the Fisher American LLC Property may be incomplete, inaccurate, or out of date, or may not meet your needs and requirements. Fisher American LLC may add, change, discontinue, remove or suspend any of the information, features and other content included in the Fisher American LLC Property at any time, without notice and without liability. Due to the open nature of the Fisher American LLC Property, and the potential for errors in the storage and transmission of digital information, Fisher American LLC does not warrant the accuracy of information contained on or obtained from the Fisher American LLC Property.
2. Fisher American LLC Property
A. Your Right to Use Fisher American LLC Property
Fisher American LLC grants you a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable, fully revocable license to access and make use of the Fisher American LLC Property solely for legitimate non-commercial, business purposes, and as permitted by the features and functionalities of the Fisher American LLC Property, subject to this Agreement. Any access or attempt to access other areas of Fisher American LLC Property or any Fisher American LLC systems or other information contained on Fisher American LLC Property or Fisher American LLC systems for any other purposes is strictly prohibited.
You will not (i) remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Fisher American LLC Property, or on any materials printed or copied from the Fisher American LLC Property; or (ii) dilute, tarnish or otherwise harm our brand in any way, including through unauthorized use of Fisher American LLC Property, registering and/or using Fisher American LLC or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Fisher American LLC domains, trademarks, taglines, promotional campaigns or Fisher American LLC Content.
You may use the Fisher American LLC Property only if you can form a binding contract with Fisher American LLC, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Fisher American LLC Property by anyone under eighteen (18) years of age is strictly prohibited and in violation of this Agreement.
C. User Accounts
In order to use certain features on the Fisher American LLC Property, such as viewing your past orders or saved searches, you may need to register and create an account on the Fisher American LLC Property (your “User Account”).
You should not use another user’s User Account without permission. When creating your User Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your User Account, and you must keep your User Account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your User Account. You must notify Fisher American LLC immediately of any breach of security or unauthorized use of your User Account. Fisher American LLC will not be liable for any losses caused by any unauthorized use of your User Account.
By providing Fisher American LLC your email address you consent to our using the email address to send you service-related notices relating to the Fisher American LLC Property, including any notices required by law or regarding updates to the Agreement, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Fisher American LLC Property and, depending on where you are resident, special offers. If you do not want to receive such email messages, you may opt out or change your preferences by emailing us Info@Fiaheramerican.com
D. Availability of Fisher American LLC Property
Due to the nature of the Internet, we cannot guarantee the continuous and uninterrupted availability of any portion of the Fisher American LLC Property and are not responsible for outages or disruptions of the Internet and telecommunications infrastructure which are beyond our control. We may temporarily restrict the availability of the Fisher American LLC Property or certain areas or features thereof with or without notice. We may from time to time change, discontinue, enhance and modify the Fisher American LLC Property and introduce new features or functionality from time to time. You agree that you do not have any rights in the Fisher American LLC Property and that Fisher American LLC will have no liability to you if the Fisher American LLC Property is discontinued or your ability to access the Fisher American LLC Property or any content you may have posted on the Fisher American LLC Property is terminated.
E. Hypertext Links
The Fisher American LLC Property may be linked to other sites that are not maintained by Fisher American LLC. Fisher American LLC is not responsible for the content of or privacy or other policies governing those sites. The inclusion of any link to such sites does not imply endorsement, sponsorship, or recommendation by Fisher American LLC of the linked sites. Fisher American LLC disclaims any and all liability for links: (i) from another site to the Fisher American LLC Property, and (ii) to another site from the Fisher American LLC Property.
F. Visual and Barcode Search
Fisher American LLC may, from time to time, make available a functionality through the Fisher American LLC Property that allows you to upload images and barcodes to the Fisher American LLC Property and that analyzes such images in order to search for and return suggested products available through the Fisher American LLC Property that match those images and barcodes (“Visual Search“). In order to use Visual Search, you will need to download our mobile application onto your device and allow the application to access the camera on your device.
You must ensure that all images you upload through Visual Search comply with the paragraph below headed “Uploading Images, Reviews and other Content”. We reserve the right to suspend your access to Visual Search or the Fisher American LLC Property if you breach the Agreement.
G. Chat functionality
Fisher American LLC may make available certain messaging features through the Fisher American LLC Property that allow you to message and share content with a customer service representative in real time (the “Messaging Service“).
In addition to any other requirements in the Agreement, when using the Messaging Service, you must ensure that any messages, images or other content that you upload to the Messaging Service comply with the paragraph below headed “Uploading Images, Reviews and other Content” and you must not: (i) threaten or abuse any customer service representative through the Messaging Service, or abuse or invade another person’s privacy, or cause annoyance, inconvenience or needless anxiety, or do anything through the Messaging Service that is likely to harass, upset, embarrass, alarm or annoy any other person; (ii) advocate, promote or engage in any illegal or unlawful conduct, including any criminal activity, fraud or money laundering, or conduct that causes damage or injury to any person or property; (iii) promote or advertise any goods or services or send any unsolicited marketing communications through the Messaging Service.
Failure to comply with the above paragraph may result in us immediately suspending or terminating your access to the Messaging Service and/or the Fisher American LLC Property; issuing a warning to you; taking legal action against you (including proceedings for reimbursements of all costs, including reasonable administrative and legal costs, that we incur as a result of your breach); disclosing such information to law enforcement authorities as we reasonably believe is necessary; and taking any other steps that we reasonably deem appropriate.
Fisher American LLC is committed to accessibility, diversity and inclusion for all of its guests. We believe everyone should be able to easily shop online at Fisheramerican.com, using our mobile app or any other platform and access our services easily. We set high standards for web accessibility and constantly strive to ensure we’re in compliance with all laws and guidelines. Our team is filled with professionals who are dedicated to making your online experiences the best they can be. We welcome feedback from guest experiences. If you have any questions about our accessibility features, please contact us at 1-800-419-1900 or email us Info@Fisheramerican.com
3. Use of and Responsibility for Content
A. Fisher American LLC Content
Content on the Fisher American LLC Property that is provided by Fisher American LLC or its licensors, including software, graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product, service and program names, slogans, and the compilation of the foregoing (“Fisher American LLC Content”) is the property of Fisher American LLC or its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.
Except as explicitly provided herein, nothing in the Agreement shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license download, screenshot, rent, modify, distribute, copy, reproduce, transmit, display to third parties, publicly perform, publish, adapt, edit or create derivative works from any Fisher American LLC Content.
B. Uploading Images, Reviews and other Content
From time to time on certain areas of the Fisher American LLC Property you may be able to submit or transmit to, though, or in connection with the Fisher American LLC Property any information (including personal information), text, links, graphics, photos, images, audio, videos, and all other forms of data or communication (“User Content“).
By submitting or otherwise transmitting any User Content on or through the Fisher American LLC Property, you hereby grant to Fisher American LLC a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third-party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties (including other users), for use with marketing or on other media or platforms known or hereinafter developed. With regard to the Visual Search (described above), this license additionally includes the right to use the images you upload to enhance and continually improve our visual search algorithm and functionality. Insofar as User Content includes personal information, including. but not limited to, images or photographs of individuals, you agree that such personal information will be used or disclosed for these purposes. Fisher American LLC does not guarantee any confidentiality with respect to any of your User Content. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to this Agreement and the license described herein.
You represent and warrant that you own or have a valid license to use and provide to Fisher American LLC the User Content submitted, displayed, published or posted by you on the Fisher American LLC Property and otherwise have the right (including the necessary licenses and/or permissions from third parties) to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and Fisher American LLC’s use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
C. Third-Party Technology, Websites and Applications
The Fisher American LLC Property may include third-party technology, services, software, applications, and links to third-party websites (“Technology”). Fisher American LLC is not responsible for the practices or policies of such third parties, nor the content of any third-party website or application, and does not make any representation regarding third-party product or Technology, or content or accuracy of any material on such websites or applications. If you decide to use any such third-party website or application, you do so at your own risk.
To the extent applicable, your use of such third-party Technology is subject to this Agreement as well as the additional terms and conditions as Fisher American LLC may provide to you from time to time.
4. ACCEPTABLE USE OF THE FISHER AMERICAN LLC PROPERTY
Your permission to use the Fisher American LLC Property is contingent on your compliance with all applicable law, in addition to the following rules:
A. Harm to Others.
You will not engage in any activity that, in our sole judgment, restricts or inhibits any other person from using or enjoying any aspect of the Fisher American LLC Property or exposes or may expose any users or visitors to the Fisher American LLC Property to any harm or liability of any sort, whether by posting User Content or otherwise, including by (i) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity, or disguising the origin of any posting that you submit; (ii) threatening, stalking, harming, or harassing others, or promoting bigotry or discrimination; (iii) discriminating against or harassing anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation; (iv) engaging in any unlawful, tortious, threatening, defamatory, libelous, obscene, violent, harmful, abusive or disruptive behavior; or (v) violating, infringing or invading anyone else’s rights, including posting any User Content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential.
If you feel that any User you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior; (ii) you suspect of stealing from you; or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to us by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
B. Unauthorized Use of Fisher American LLC Content
You will not download, display, or use any Fisher American LLC Content: (i) for use in any publications, in public performances, or on websites or applications other than the Fisher American LLC Property; (ii) for any unpermitted commercial purpose; (iii) in connection with products or services that are not those of Fisher American LLC; or (iv) in any other manner that is likely to cause confusion, that disparages or discredits Fisher American LLC and/or its licensors, or that dilutes the strength of Fisher American LLC’s or its licensor’s intellectual property, or that otherwise violates, infringes or misappropriates Fisher American LLC’s or its licensors’ intellectual property rights or proprietary rights or constitutes any other misuse of Fisher American LLC Content. Use of the Fisher American LLC Content for any purpose not expressly permitted by the Agreement is strictly prohibited.
C. Harm to Our Systems, Property and Security
When using the Fisher American LLC Property, you will not: (i) use any electronic communication feature of the Fisher American LLC Property for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (ii) retrieve, index, scrape, data mine or otherwise gather any Fisher American LLC Content, Fisher American LLC Property, or other data, content or materials (including through use of any robot, spider, screen scraping, web harvesting, data extraction, or similar software or technologies). In addition, you will comply with Fisher American LLC’s robots.txt file, if any; (iii) reproduce or circumvent the navigational structure or presentation of Fisher American LLC Content or Fisher American LLC Property; (iv) upload, post, reproduce, or distribute any information, software, content or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (v) collect or store personal information about other users; (vi) use the Fisher American LLC Property for any commercial transactions that are unrelated to the purposes for which the Fisher American LLC Property was provided; (v) upload, post, email, or otherwise transmit any advertising or promotional materials, spam or any other form of solicitation or unauthorized communication, either directly through the Fisher American LLC Property (including through its interactive features) or to users through communication channels outside of the Fisher American LLC Property, or otherwise contact another user through the Fisher American LLC Property or unsolicited outside of the Fisher American LLC Property for any purpose; and (vii) upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality or operation of the Fisher American LLC Property, any feature of the Fisher American LLC Property, or any computer software or hardware or telecommunications equipment.
A. Intellectual Property Rights
Subject to the licenses granted in this Agreement, you retain ownership of any copyright and other rights you have in User Content, except that you irrevocably waive, and cause to be waived, against Fisher American LLC, our affiliates and other users, any claims and assertions of moral rights or attribution with respect to User Content. As between you and Fisher American LLC, we (or our licensors) own the Fisher American LLC Property, and the copyrights, trademarks, service marks, trade names, trade secrets, and other intellectual and proprietary rights throughout the world associated with Fisher American LLC and the Fisher American LLC Property, which are protected by copyright, trade dress, patent, trademark, and trade secret laws and all other applicable intellectual and proprietary rights and laws. Except as expressly provided in the Agreement, we do not grant you any express or implied rights in the Fisher American LLC Property. You understand and agree that you have no ownership rights in the User Account or any other account you may have with Fisher American LLC, or other access to the Fisher American LLC Property or features therein.
Trademarks, trade names, product names and logos (the “Trademarks”) contained in or used by the Fisher American LLC Property or third-party Technology are the trademarks or registered trademarks of their respective owners, and the use of such Trademarks shall inure to the benefit of the trademark owner.
One or more patents and pending applications for patent owned by Fisher American LLC apply to the Fisher American LLC Property and to the features and services accessible via the Fisher American LLC Property.
We welcome and encourage Feedback. You may submit Feedback by emailing us at or by other means of communication, including your User Content. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you and you shall have no privacy rights in such Feedback. With respect to your Feedback you acknowledge that: (i) Fisher American LLC receives numerous submissions from many parties and/or may have independently developed and/or considered ideas similar to your Feedback, and that Fisher American LLC’s review of your Feedback is not an admission of novelty, priority or originality; and (ii) Fisher American LLC’s use of any ideas similar to your Feedback, whether based on your User Content, provided to Fisher American LLC by third parties, or independently developed or considered by Fisher American LLC, shall be without obligation to you. By submitting Feedback to us, you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide, assignable, sublicensable, transferable license to use, modify, prepare derivative works of, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against us or our users any claims and assertions of any moral rights contained in such Feedback. “Feedback” includes concepts, ideas, feedback, materials, proposals, suggestions and the like relating to Fisher American LLC, the Fisher American LLC Property or Fisher American LLC’s initiatives.
Fisher American LLC may terminate or suspend your User Account and delete all User Content associated with your User Account at any time, and without notice, if Fisher American LLC deems that you have violated this Agreement, the law, or for any other reason. In such event, you may not register a new User Account or access and use the Fisher American LLC Property through a User Account of another user. Fisher American LLC assumes no liability for any information removed from the Fisher American LLC Property, and reserves the right to permanently restrict access to the Fisher American LLC Property. The sections of this Agreement entitled “Indemnification,” “Representations and Limitations of Liability,” “Privacy and Security,” “Mobile Applications from Apple App Store,” “Mobile Applications from Google Play Store,” “Miscellaneous,” and any other terms which by their nature survive termination (e.g., “Trademarks”) shall survive the termination of this Agreement.
You agree to indemnify, defend and hold Fisher American LLC, its parents, affiliates, subsidiaries, officers, employees, and subcontractors, and each of their officers, employees and agents, harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of the Terms or which arises from the use of User Content you submitted, posted, or otherwise provided to Fisher American LLC or the Fisher American LLC Property.
8. REPRESENTATIONS AND LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY, AS THIS SECTION LIMITS FISHER AMERICAN LLC’S LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THE FISHER AMERICAN LLC PROPERTY, THE FISHER AMERICAN LLC CONTENT, USER CONTENT, OR ANY OTHER FISHER AMERICAN LLC PROPERTY FEATURE OR FUNCTION. IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION OR ELSEWHERE IN THIS AGREEMENT, PLEASE CONSULT A LAWYER FOR CLARIFICATION BEFORE ACCESSING OR USING THE FISHER AMERICAN LLC PROPERTY. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
FISHER AMERICAN LLC MAKES NO REPRESENTATIONS ABOUT THE RELIABILITY OF THE FEATURES OR FUNCTIONS OF THE FISHER AMERICAN LLC PROPERTY, THE FISHER AMERICAN LLC CONTENT, USER CONTENT, OR ANY OTHER FISHER AMERICAN LLC PROPERTY FEATURE OR FUNCTION, AND DISCLAIMS ALL LIABILITY IN THE EVENT OF ANY SERVICE FAILURE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON SUCH MATERIAL OR SYSTEMS WILL BE AT YOUR OWN RISK. FISHER AMERICAN LLC MAKES NO REPRESENTATIONS REGARDING THE AMOUNT OF TIME THAT ANY CONTENT OR USER CONTENT WILL BE PRESERVED. FISHER AMERICAN LLC DOES NOT ENDORSE, VERIFY, EVALUATE OR GUARANTEE ANY INFORMATION PROVIDED BY USERS AND NOTHING SHALL BE CONSIDERED AS AN ENDORSEMENT, VERIFICATION OR GUARANTEE OF ANY USER CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY USE OR RELIANCE ON ANY USER CONTENT WILL BE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY SUCH USE OR RELIANCE. YOU SHALL NOT CREATE OR DISTRIBUTE INFORMATION, INCLUDING BUT NOT LIMITED TO ADVERTISEMENTS, PRESS RELEASES OR OTHER MARKETING MATERIALS, OR INCLUDE LINKS TO ANY SITES WHICH CONTAIN OR SUGGEST AN ENDORSEMENT BY FISHER AMERICAN LLC WITHOUT THE PRIOR REVIEW AND WRITTEN APPROVAL OF FISHER AMERICAN LLC. YOU ARE RESPONSIBLE FOR ENSURING THAT ALL PRODUCTS YOU FIND THROUGH THE VISUAL SEARCH FUNCTIONALITY MEET YOUR REQUIREMENTS, AND WE WILL NOT BE RESPONSIBLE TO YOU FOR ANY LOSSES YOU OR SOMEONE ELSE WHO MIGHT SUFFER AS A RESULT OF YOUR USE OF THE VISUAL SEARCH FUNCTIONALITY, INCLUDING IF YOU BUY ANY PRODUCTS FOUND THROUGH THE VISUAL SEARCH FUNCTIONALITY THAT ARE MISMATCHED, MISDESCRIBED OR UNSUITABLE FOR YOUR NEEDS.
THE FISHER AMERICAN LLC PROPERTY IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, ACCURACY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THE FISHER AMERICAN LLC PROPERTY OR ANY INFORMATION OR TECHNOLOGY THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL FISHER AMERICAN LLC OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE FISHER AMERICAN LLC PROPERTY, NOR SHALL FISHER AMERICAN LLC OR ITS LICENSORS BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND FISHER AMERICAN LLC’S OR ITS LICENSORS’ REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE FISHER AMERICAN LLC PROPERTY’S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL FISHER AMERICAN LLC, ITS AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND OTHER RIGHTS MAY BE AVAILABLE.
9. Cross Reference Information
Product cross-reference comparisons or product alternatives that are presented do not imply that all products compared are available or perfectly comparable. CROSS-REFERENCED PRODUCTS ARE NOT REPRESENTED OR WARRANTED AS FUNCTIONAL OR PERFORMANCE EQUIVALENTS. Review all cross-referenced product specifications or product alternative specifications prior to purchase and use to determine suitability of the product for your intended use.
10. Privacy and Security
11. Additional Terms for Mobile Applications – General
We may make available software to access the Fisher American LLC Property via a mobile device (“Mobile Applications”). To use any Mobile Applications you must have a mobile device that is compatible with the Mobile Applications. Fisher American LLC does not warrant that the Mobile Applications will be compatible with your mobile device. You may use mobile data in connection with the Mobile Applications and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges.
Fisher American LLC hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Applications for one User Account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Applications, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Applications to any third party or use the Mobile Applications to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Applications; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Applications, features that prevent or restrict use or copying of any content accessible through the Mobile Applications, or features that enforce limitations on use of the Mobile Applications; or (v) delete the copyright and other proprietary rights notices on the Mobile Applications.
You acknowledge that we may from time to time issue upgraded versions of the Mobile Applications, and may automatically electronically upgrade the version of the Mobile Applications that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Applications is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Applications or any copy thereof, and Fisher American LLC or its third-party partners or suppliers retain all right, title, and interest in the Mobile Applications (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Fisher American LLC reserves all rights not expressly granted under this Agreement.
12. Mobile Applications from Apple App Store.
The following applies to any Mobile Applications you acquire from the Apple App Store (“Apple-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and Fisher American LLC, not Apple, Inc. (“Apple”) and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Fisher American LLC as provider of the software.
You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Fisher American LLC as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, Fisher American LLC, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and Fisher American LLC acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.
13. Mobile Applications from Google Play Store.
The following applies to any Mobile Applications you acquire from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that the Agreement is between you and Fisher American LLC only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) Fisher American LLC, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or the Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to Fisher American LLC’s Google-Sourced Software.
14. Information and Complaints
If you have a question or complaint regarding the Fisher American LLC Property, please send an e-mail to Info@Fisheramerican.com. You may also contact Fisher American LLC by phone or mail at the contact information provided on the Fisher American LLC Property. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information, including sensitive personal information or health information, in your e-mail correspondence with Fisher American LLC.
The Agreement will be governed by and construed in accordance with the laws of Illinois without regard to conflicts of laws principles. By using the Fisher American LLC Property, you hereby agree that any and all disputes regarding the Agreement will be subject to the courts located in Winnebago County, Illinois or the federal courts for the Northern District of Illinois. The Agreement operates to the fullest extent permissible by law. Accessing materials on the Fisher American LLC Property by certain persons in certain countries may not be lawful, and Fisher American LLC makes no representation that materials on the Fisher American LLC Property are appropriate or available for use in locations outside the United States. If you choose to access the Fisher American LLC Property from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.
If Fisher American LLC fails to act with respect to your breach or anyone else’s breach on any occasion, Fisher American LLC is not waiving its right to act with respect to future or similar breaches.
If any provision of the Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions of this Agreement.
Fisher American LLC
2501 9th Street
Rockford IL 61104