THE FOLLOWING DESCRIBES THE TERMS ON WHICH FTPPro.com OFFERS ACCESS TO OUR SERVICES.
This is the User Agreement (the "Agreement") for FTPPro.com and the FTPPro program (hereinafter referred to collectively as the "Program").
This Agreement describes the terms and conditions applicable to your use of our services available by the Program, and the general principles for the websites of our
subsidiaries. We may amend this Agreement at any time by posting the amended terms on this webpage.
This Agreement may not be otherwise amended except in a writing signed by an authorized representative of
If you do not agree to be bound by the terms and conditions of this Agreement,
do not use or access our services.
Our services are available only to, and may only be used by individuals who can form legally
binding contracts under applicable law.
Without limiting the foregoing, our services are not available to children
(persons under the age of 18) or to temporarily or indefinitely suspended members.
If you are under the age of 18, you can use this service only in conjunction with,
and under the supervision of your parents or guardians.
If you do not qualify, please do not use the Program.
If you are a business entity, you represent that you have the authority to
bind the entity to this Agreement.
FTPPro.com reserves the right to terminate any user's membership and their access to the Program,
for any reason whatsoever. The following types of content, or links to this type of content,
are not allowed: Pornography, obscenity, racism, violence, pirated programs,
or any other illegal activity. The user must abide by the rules of each social network that the Program accesses.
You acknowledge that the Program is provided to you under license from FTPPro.com, and that this license
does not transfer any right, title, or interest in the software embodied in the program except as expressly
set forth herein. You also agree not to sell, sublicense, lease, or rent the Program.
When you use FTPPro or send e-mails to us, you are
communicating with us electronically. You consent to receive communications
from us electronically. We will communicate with you by e-mail or by posting
notices in the Program. You agree that all agreements, notices, disclosures and
other communications that we provide to you electronically satisfy any legal
requirement that such communications be in writing.
We, our subsidiaries, officers, directors, employees and our suppliers provide the Program and
services "as is" and without any warranty or condition, expressed, implied or statutory, and we
specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
We make no representations or warranties of any kind, expressed or implied,
as to the operation of the Program or the information, content, materials, or products included
within the Program. You expressly agree that your use of the Program is at your sole risk.
We do not warrant that the Program, its servers, or e-mail sent from us are free of
viruses or other harmful components.
We will not be liable for any damages of any kind arising from the use of the Program,
including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
In no event shall we, our subsidiaries, officers, directors, employees or our
suppliers be liable for lost profits or any special, incidental or consequential damages
arising out of or in connection with the Program, our services, or this agreement
(however arising, including negligence), including but not limited to direct, indirect, special, incidental,
or consequential damages for loss of profits, business interruption, loss of information or other pecuniary
loss arising out of the use of or inability to use the program, even if FTPPro.com has been advised of the possibility of such damages.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers,
directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of your breach of this Agreement or the
documents it incorporates by reference, or your violation of any law or the rights of a third party.
You shall comply with all applicable domestic and international laws, statutes, ordinances and
regulations regarding your use of our service.
You and FTPPro.com are independent contractors, and no agency, partnership, joint venture,
employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
All content included in the Program, such as text, graphics, logos,
button icons, images, audio clips, digital downloads, data compilations, and
software, is the property of FTPPro.com or its content suppliers and protected
by United States and international copyright laws. The compilation of all
content within the Program is the exclusive property of FTPPro.com and protected by
U.S. and international copyright laws.
No part of the Program may be copied, reproduced, translated, or reduced to any
electronic or machine readable form without the prior written consent of FTPPro.com.
FTPPro.com reserves the right to modify the Program at any time and without notice.
"FTPPro.com", "FTPPro", and other marks indicated in the Program are registered trademarks of
FTPPro.com or its subsidiaries, in the United States and other countries.
All graphics, logos, page headers, button icons, scripts, and service names appearing in the Program
are trademarks or trade dress of FTPPro.com or its subsidiaries.
FTPPro.com's trademarks and trade dress may not be used in connection with any product
or service that is not FTPPro.com's, in any manner that is likely to cause confusion among
customers, or in any manner that disparages or discredits FTPPro.
All other trademarks not owned by FTPPro.com or its subsidiaries that appear in the Program
are the property of their respective owners, who may or may not be affiliated with, connected to,
or sponsored by FTPPro.com or its subsidiaries.
Starting upon the date that you accept the Limited Use Software License, you have a limited amount
of time to evaluate the Program. Until you pay for a nonrefundable Membership Subscription, your copy of the Program
shall be deemed as an 'Evaluation Version'.
The Evaluation Version may be terminated at any time by FTPPro.com, at which time
you will be unable to access the Program.
A user may optionally purchase a Membership Subscription, which offers features that are not included with the Evaluation Version.
Although the user may cancel a paid subscription at any time, each period of a paid subscription is non-refundable after the user has paid for that period.
For example: If a user purchases a 3-month subscription on February 1, and then they cancel the subscription on April 1, then they will not be charged on May 1,
but they will not receive any refund for the 30 days from April 1 to May 1.
A paid subscription does not include any merchandise or shipment whatsoever.
Therefore, the user may not use "failure to receive merchandise" as a reason to request a refund or chargeback,
and the Site shall not be required to provide any shipping or tracking information in response to a request for a refund or chargeback.
Premium Members (i.e. paid subscribers) of any of our 4 Directories may have their Banner Ad displayed on 8 of our websites.
Each Premium Member's ad is rotated with the ads for the other Premium Members. For example, if there are 100 Premium Members, then each Premium Member's ad would be displayed 1 out of every 100 times
that any of our 8 websites are shown.
A Banner Ad will appear on the 8 websites the day after the Premium Member has created or edited their Banner Ad on their Directory Administration page.
The Banner Ad's content must be appropriate for the websites that it will be displayed on.
At their sole discretion, FTPPro.com may reject any Banner Ad for any reason whatsoever.
Our 4 Directories and 8 Websites are listed here.
This Agreement shall be governed in all respects by the laws of the State of California
as such laws are applied to agreements entered into and to be performed entirely within California
between California residents.
Each party hereby irrevocably consents to the exclusive jurisdiction of the courts of the State of California
and the federal courts situated in the State of California in connection with any action arising
between the parties.
We do not guarantee continuous, uninterrupted or secure access to our
services, and operation of the Site may be interfered with by numerous factors outside of our control.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be
struck and the remaining provisions shall be enforced.
Headings are for reference purposes only and in no way define, limit, construe or describe the
scope or extent of such section.
Our failure to act with respect to a breach by you or others
does not waive our right to act with respect to subsequent or similar breaches.
This Agreement sets forth the entire understanding and agreement between us with respect to
the subject matter hereof, and shall not be modified except by a writing signed by both parties.