Terms and Conditions of FCPCS

Please read the following Terms and Conditions (Terms) carefully.

Acceptance

By accessing this portion of the FCPCS website you are indicating that you have read, acknowledge, and agree to be bound by these Terms (also referred to as an “agreement” herein). Your agreement, shown by accessing and using this website, is as legally binding as if you signed a written document. If you do not agree to all these terms and conditions, do not access this website.

The FCPCS and the contractor providing the services described in this webpage, Infinity Software Development, Inc. (referred to as “us,” or “we”) may, contractually change these terms and conditions at any time. Your continued use of this website constitutes your agreement to all the terms and conditions.

General Information

These Terms and any policies applicable to you posted on this site constitute the entire agreement between 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. All rights not expressly granted herein are expressly reserved. These Terms shall insure to our benefit and to the benefit of our agents, licensors, licensees, successors, and assigns. If any provision of these Terms is found to be illegal or unenforceable, these Terms will be deemed curtailed to the extent necessary to make the Terms legal and enforceable and will remain, as modified, in full force and effect. These Terms and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the laws of the State of Florida applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws), and jurisdiction for any court action in the State of Florida. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail. Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor, or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations, or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.

The Governing Board Training found on this website has been copyrighted by FCPCS and is used by Infinity Software Development, Inc. and its agents under license

Responsibility for Sign-on and Password

Upon registering, you will be given password and sign-on name. You are responsible for maintaining the confidentiality of the password and sign-on name, and are fully responsible for all activities that occur under your password or sign-on name. You agree to (i) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.

Responsibility for Content

You acknowledge and agree that all information, code, data, text, software, graphics, files, or other materials (“content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. This means that you, and not FCPCS or Infinity Software Development, Inc. are entirely responsible for all content that you upload, post, email, or otherwise transmit via the service. While FCPCS and Infinity Software Development, Inc. will make every effort to moderate the content of the service to ensure that it meets the standards and purpose of the site, we do not control user or third party content posted via the service, and, as such, do not guarantee the accuracy, integrity, or quality of such user or third party content. Under no circumstances will we be liable in any way for any user or third party content, including, but not limited to, any errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use of any such content posted, emailed, or otherwise transmitted via the service.

Copyright

All content on this web site (with the exception of user generated content) is subject to our Copyright notice, the terms of which are incorporated herein. Please review our Copyright notice to understand our practices.

Disclaimer of Warranty and Service Limitations

The web site, the Services, and each portion thereof are provided “as is” without warranties of any kind, either express or implied. To the fullest extent possible pursuant to applicable law, we disclaim all warranties, express or implied, with respect to the site, the content, the Services, and each portion thereof, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or other violation of rights. We do not warrant or make any representations regarding the use, validity, accuracy, or reliability of, or the results of the use of, or otherwise respecting, the content, the site, the Services, each portion thereof, or any third party sites.

Under no circumstances, including but not limited to, negligence, shall we or third parties be liable for any direct, indirect, special, incidental, or consequential damages, including, but not limited to, loss of data arising out of the use, or the inability to use, the content, the site, the services, or any portion thereof, even if we or our authorized representative has been advised of the possibility of such damages. If your use of the site, the content, the Services, or any portion thereof results in the need for servicing, repair, or correction of equipment or data, you assume any costs thereof. Neither we, nor third parties warrant the accuracy or completeness of the information, text, graphics, links, or other items contained in the company content, the site, the services or any portion thereof or in any reports of verification services. You agree not to hold us (or our agents, employees, or tutors) liable for any instruction, advice, or services delivered which originated through the site, through any verification service, or in connection with the content, the services, or any portion thereof.

Indemnification

You agree to indemnify, defend, and hold harmless us, and our affiliates, offices, directors, agents, partners, employees, licensors, representatives and third party providers (including our affiliates’ respective offices, directors, agents, partners, employees, licensors, representatives, and third party providers), from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorney’s fees and related costs and expenses, due to or arising out of any User Content you submit, post to, email, or otherwise transmit to us or through the Services, your use of the Services, the content or any portion thereof, your connection to the Services, or your breach of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to fully cooperate with such defense and in asserting any available defenses.