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TERMS OF USE

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS. YOUR ACCEPTANCE OF THESE TERMS IS AN ABSOLUTE CONDITION OF YOUR USE OF THE FLUIDPOWERACADEMY.COM WEBSITE AND FORMS A LEGAL AGREEMENT BETWEEN YOU AND FPA, Inc. (HEREAFTER REFERRED AS "FPA"). BY ACCESSING ANY SERVICE OR PART THEREOF UNDER THE FLUIDPOWERACADEMY.COM DOMAIN, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. FPA RESERVES THE RIGHT TO CHANGE THESE TERMS AT ANY TIME WITHOUT PRIOR WRITTEN NOTICE, AND YOU AGREE TO BE BOUND BY SUCH CHANGES.

  • OWNERSHIP -
    This Site is owned and operated by FLUID POWER ACADEMY, Inc. All content on this web site is owned by FPA or its partners and are protected by International copyright laws and international treaty provisions. FPA retains all rights not expressly granted by this agreement. The license contained in this agreement will terminate automatically without notice from FPA, if you fail to comply with any provision of this agreement. Upon termination, you must delete and destroy all materials obtained from this site, copies, and related documentation thereof. In addition, FPA reserves the right to terminate this site without notice.

  • AUTHORIZED USE -
    Any Content downloaded by you from this Site, including, without limitation, any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Content") is licensed to you by FPA. Your use of the Content, or any intellectual property rights therein, is dependent upon your acceptance of the FPA End User License Agreement (EULA) and any relevant Licensing Agreements.

  • LINKS TO THIRD PARTY SITES -
    FPA may provide links to third-party sites as a convenience to you. FPA does not control third party sites or links to third party sites. Links to third-party sites are not an endorsement by FPA of such sites. FPA is not responsible for the content of any linked sites.

  • LIMITED WARRANTY -
    FPA represents that it has the right to enter into this Agreement and has the right to grant this License under these terms.

    FPA warrants that the Content will be free from defects in materials and workmanship under normal use for a period of 30 days from the date you download or receive it. 

    EXCEPT AS PROVIDED ABOVE, THE CONTENT, ARE PROVIDED "AS IS" “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FPA DOES NOT WARRANT THAT THE CONTENT AND SITE WILL MEET YOUR REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CONTENT AND SITE ARE WITH YOU. SHOULD THE CONTENT PROVE DEFECTIVE, YOU (AND NOT FPA OR ANY AUTHORIZED PERSONNEL OR OTHER COMPUTER DEALER) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. 

    Certain states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You have specific rights under this warranty, but you may have others, which vary from state to state.

  • YOU REPRESENT, WARRANT AND COVENANT THAT:
    1. You are at least 18 years of age and have the right to enter into this Agreement;
    2. You will not use the Content in any way that is not permitted by this Agreement, EULA or any other relevant licensing agreements;
    3. Your use of the Content will not violate any rights including but not limited to copyrights, intellectual property rights, trademark, privacy, or any other applicable law or regulation of any country, state, other governmental entities or any third party;
    4. The information you provide to FPA is accurate and true, including without limitation all credit card information;
    5. You agree that all passwords to your FPA account are to be held in the strictest of confidence. You may not share or disclose any password or log in information to any other user or third party other than as specifically provided for herein. If you breach any provision of this section, we shall be entitled to
      1. terminate this Agreement immediately with notice to you
      2. retain all unpaid payments pursuant to this Agreement and
      3. seek any legal or equitable remedies.
  • INCORRECT PRICING AND INFORMATION -
    FPA has used reasonable effort to ensure that the pricing and information stated in the Site are accurate, however there are possibilities due to genuine error that the Content’s information is incorrect or the Content is priced wrongly, in such situation FPA has the right to cancel the transaction and refund the payment, if the transaction has been made.

  • LIMITATION OF REMEDIES -
    1. Cancellation / Expiration: In the event this Agreement is not terminated but the subscription period has been cancelled or has expired, you may continue to use the Content that you have downloaded as of the date of cancellation or expiration, provided that such use is in compliance with the terms of this Agreement, EULA and other relevant licensing agreements.
    2. No Monetary Damages: Under no circumstances whatsoever will FPA be liable to you for any damages, including any lost profits or revenues, lost savings, or other special, general, punitive, incidental or consequential damages arising out of the use or inability to use the Content even if FPA or a distributor authorized by FPA has been advised of the possibility of such damages, or for any claim by any other party. Some states do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
  • INDEMNIFICATION -
    You agree to fully defend and indemnify FPA, its employees, directors, and officers, and anyone else associated with FPA, and each of their successors, licensees, and assigns free and harmless from any and all claims, liabilities, costs, losses, damages, or expenses, including attorneys' fees and expenses, arising from the breach of the warranty above or these Terms.

  • USAGE -
    FPA reserves the right to change and amend the prices of any subscription package (if available) or the download rates and download sizes without prior notice to you. However, FPA will always endeavor to notify you of any impending price changes.

  • NO WAIVER -
    Failure by FPA to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision.

  • JURISDICTION -
    The interpretation and enforcement of this Agreement shall be governed according to international treaty provisions and other applicable laws.

  • LEGAL FEES -
    If FPA is obligated to go to court to enforce any of its rights, or to collect any fees, you agree to reimburse FPA for its legal fees, costs and disbursements if FPA is successful. 

  • ASSIGNABILITY -
    You may not assign or transfer to anyone the rights granted to you in this Agreement, without FPA’s prior written consent. 

  • ENTIRE CONTRACT -
    You acknowledge that you have read this agreement, understand it, and agree to be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between you and FPA, which supersedes any proposal or prior agreement, oral or written, and any other communication between you and FPA relating to the subject of this agreement. The explanations to FAQ's and other explanations and content provided in the FLUIDPOWERACADEMY.com website are for your information only and are not, and shall not be construed as, part of this agreement.

  • SEVERABILITY -
    Should any provision of this Agreement be held to be void or invalid, that fact will not affect any other provision, and the remainder of this Agreement will be construed to most closely give effect to the parties' intentions.

  • PRIVACY POLICY -
    We do not sell, share or rent your personal information to any third party and we only use your information as described in the Privacy Policy which is incorporated into these Terms and Conditions by reference. You may review our Privacy Policy here: http://www.fluidpoweracademy.com/privacy.

    You further agree that by your continued use of the site, you agree to the terms of our Terms of Use and Privacy Policy. If you do not agree to your information being used in the manner stated in our Privacy Policy, please cease from using the service(s) provided by FLUIDPOWERACADEMY.com.

  • PROMOTIONAL LOGO -
    Your continued use of the Content, services and/or Sites implies your full consent to FPA’s use of your corporate / business identity logos for promotional purposes of FPA without the need for payment of any consideration thereof.