Terms and Conditions of Use
- 1. Acknowledgment and Acceptance of Terms
- IFTAS, Inc., a Delaware non-profit company ("IFTAS") provides the FediCheck site and various related services (the "Site") to you (the "User"), subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Use"), as well as any other written agreement between IFTAS and you.
- In addition, when using particular services or materials on the Site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.
- BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.
- We expressly reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review the Site and these Terms of Use from time to time and to familiarize yourself with any modifications. Your continued use of the Site after such modifications will constitute acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.
- 2. User Conduct
- You may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Additionally, you shall not interfere with anyone else's use and enjoyment of the Site or other IFTAS services. Users who violate systems or network security may incur criminal or civil liability.
- You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with the Site without prior notice to you. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
- 3. User Eligibility
- You are not automatically eligible to use the Site free of charge. The Site is provided free of charge for non-commercial use by small and medium sized organisations. Organisations with revenues in excess of one (1) million dollars US, or with ten (10) or more employees are not eligible to use the Site free of charge. Please contact [email protected] to arrange for access.
- 4. Third Party Information
- This Site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
- Information available through the Site often represents the opinions or judgments of an information provider or other entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized IFTAS spokesperson speaking in their official capacity. Please refer to the specific policies posted on the Site for further information, which policies are incorporated by reference into these Terms of Use.
- 5. Intellectual Property
- All IFTAS graphics, icons, logos and service names are trademarks or service marks of IFTAS. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of IFTAS.
- 6. Disclaimer of Warranties
- ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
- THE USE OF THE SERVICES OR THE DOWNLOADING OR ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS PERFORMED AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
- You understand and agree that interruptions of the services available through the Site may occur as normal events. You further understand and agree that we have no control over third party networks, and therefore delays and disruption of other network transmissions are beyond our control.
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- 7. Limitation of Liability
- IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
- SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS ITS ESSENTIAL PURPOSE, IFTAS' SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO IFTAS FOR THE 12 MONTHS PRECEDING THE SUBJECT CLAIM IN CONNECTION WITH THE PROVISION OF IFTAS SERVICE UNDER THIS AGREEMENT AND YOU AGREE THAT THE FOREGOING SHALL CONSTITUTE IFTAS' SOLE AND EXCLUSIVE REMEDY (ALL OTHER REMEDIES BEING WAIVED THEREBY).
- 8. Indemnification
- You agree to defend, indemnify, and hold IFTAS, its officers, directors, employees, agents, licensors, suppliers, affiliates, and any third party information providers to the Site harmless from all liabilities, claims, and expenses, including legal fees, that arise from your use or misuse of the Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
- 9. Termination of Use
- You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
- Upon termination or suspension, regardless of the reasons therefore, your right to use the Site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information in your account and/or bar any further access to the Site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
- 10. Data Sharing & Data Processing
- Users of our service may provide IFTAS with transactional or user information, which may include IP addresses, names, social media accounts, email addresses, billing details, phone numbers, and similar user data. This data may be used to identify patterns of fraud within our system. IFTAS will NEVER sell or make publicly available any of your account's data or transaction and user information that is processed. User data shared with IFTAS will be kept confidential, secured, and stored with industry standard security practices. You may delete your stored data at any time, or request that we do so by emailing [email protected] or by mail to Data Compliance Officer, IFTAS, 100 Main St, #270, Ossining, NY 10562.
- 11. Governing Law
- This Site is controlled by IFTAS from offices within the State of New York, United States of America. By accessing the Site you agree that any and all claims arising out of or relating to this Agreement shall be brought in a state or federal court of competent jurisdiction in New York.
- 12. Entire Agreement
- This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes all prior agreements and understandings, both written and oral, between the parties with respect to the subject matter hereof. You may email us directly at [email protected] or by mail to IFTAS, 100 Main St, #270, Ossining, NY 10562.
This document was last updated on 17th February 2024.