Date Last Updated: July 27, 2017
Electronic Communications and Notices
You may communicate with us via e-mail and our Website. We may issue notices via these various channels, including by sending e-mails to an address you provide us. You agree that such notices shall have legal effect. You also agree that any notices sent by e-mail satisfy any requirement that notices be provided in writing. If you do not agree, do not use the Website. You may have the right to withdraw your consent to receive certain electronic communications, and, if required by law, we will provide you with paper copies upon request. You may make such a request by contacting us via e-mail. To receive, access, and retain the notices we send via e-mail, you must have Internet access and a computer or device with a compatible web browser. By accepting these terms, you confirm that you are able to receive, access, and retain the notices we may send. You may update your contact information by contacting us.
Third Party and Co-branded Content
FPA may provide content or provide links to content on the Website (including co-branded websites) that are not under the sole control of FPA. FPA does not assume any responsibility for the operation, content, privacy practices, or technologies used by third party services. You agree that you interact with third parties at your sole risk and that your relationship with those parties will be governed by their terms and policies. FPA in its sole discretion may modify or remove such links or content at any time and without notice.
Digital Millennium Copyright Act Notice
FPA does not tolerate copyright infringing activities on the Website. However, FPA does not monitor Submissions for copyright infringement. FPA abides by the federal Digital Millennium Copyright Act (“DMCA”) by responding to notices of alleged infringement that comply with the DMCA (see below) and other applicable laws. As part of our response, we will remove any Submissions if properly notified that such Submissions infringe on another’s intellectual property rights.
In addition, FPA reserves the right to remove Submissions without prior notice. FPA will also terminate a user’s access to the Website, if he or she is determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had Submissions removed from the Website more than twice.
Takedown Notice: In particular, if you are a copyright owner or an agent thereof and believe that any Submissions or other content infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
FPA’s designated Copyright Agent to receive notifications of claimed infringement is: Director of Web Design and Development,114 S. Duval Street, Tallahassee, FL 32301; [email protected]; telephone (850) 222-1996. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to FPA at [email protected]. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
Counter Takedown Notice: If you believe that your Submissions that were removed (or to which access was disabled) are not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Submissions, you may send a counter takedown notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the Submissions that have been removed or to which access has been disabled and the location at which the Submissions appeared before they were removed or disabled;
- A statement that you have a good faith belief that the Submissions were removed or disabled as a result of mistake or a misidentification of the Submissions; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the United States District Court for the district in which your address is located, or, if you live outside the United States, for the Middle of Florida, where FPA is located, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter takedown notice is received by the Copyright Agent, FPA may send a copy of the counter takedown notice to the original complaining party informing that person that it may replace the removed Submissions or cease disabling them in 10 business days. Unless the copyright owner files an action seeking a court order against the Submissions provider, member or user, the removed Submissions may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter takedown notice, at FPA’s sole discretion.
ALTHOUGH FPA RESERVES THE RIGHT TO CORRECT ANY ERRORS, OMISSIONS, OR INACCURACIES, YOU ACKNOWLEDGE THAT THE WEBSITE, AND ALL INFORMATION CONTAINED THEREIN, ARE PROVIDED “AS IS,” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND AND THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. FPA DOES NOT WARRANT THAT THE WEBSITE OR ANY INFORMATION, CONTENT OR FUNCTIONALITIES OFFERED THROUGH THE WEBSITE, OR ANY ELECTRONIC COMMUNICATIONS SENT FROM FPA, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FPA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF FPA UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
You agree to hold harmless FPA from any and all claims arising out of or related to your access or use of the Website or your inability to access or to use the Website or any other offerings rendered by FPA or its contractors in conjunction with the Website or your use of the Website.
ANY DISPUTE RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE SHALL BE SUBMITTED TO CONFIDENTIAL BINDING ARBITRATION IN TAMPA, FLORIDA, EXCEPT FOR INTELLECTUAL PROPERTY CLAIMS BROUGHT BY EITHER PARTY (WHICH FOR PURPOSES OF THIS SECTION DO NOT INCLUDE PRIVACY AND PUBLICITY CLAIMS) AND CLAIMS THAT MAY BE BROUGHT IN SMALL-CLAIMS COURT. IF YOU CAN DEMONSTRATE TO US THAT ARBITRATION IN TAMPA, FLORIDA WOULD CREATE AN UNDUE BURDEN TO YOU, WE WILL ALLOW YOU TO INITIATE THE ARBITRATION IN YOUR HOME STATE. ANY DISAGREEMENTS REGARDING THE FORUM FOR ARBITRATION WILL BE SETTLED BY THE ARBITRATOR.
CONFIDENTIAL ARBITRATION UNDER THIS AGREEMENT SHALL BE RESOLVED EXCLUSIVELY UNDER THE CONSUMER ARBITRATION RULES THEN PREVAILING OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA’S CONSUMER RULES”), EXCLUDING ANY RULES AND PROCEDURES GOVERNING OR PERMITTING CLASS OR REPRESENTATIVE ACTIONS. THE RULES ARE AVAILABLE AT THE AMERICAN ARBITRATION ASSOCIATION’S WEBSITE.
FPA AND YOU AGREE TO EXPRESSLY WAIVE ANY RIGHTS TO FILE CLASS OR REPRESENTATIVE ACTIONS OR SEEK RELIEF ON A CLASS OR REPRESENTATIVE BASIS IN ANY JURISDICTION OR FORUM.
THE ARBITRATOR SHALL APPLY FLORIDA LAW, AND THE ARBITRATOR’S AWARD SHALL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. THERE SHALL BE NO APPEAL FROM ANY AWARD OF THE ARBITRATOR. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION UNDER THIS AGREEMENT SHALL BE JOINED TO AN ARBITRATION INVOLVING ANY OTHER PARTY SUBJECT TO THIS AGREEMENT, WHETHER THROUGH CLASS ARBITRATION PROCEEDINGS OR OTHERWISE. IF ANY PART OF THIS ARBITRATION PROVISION IS FOUND TO BE INVALID, UNENFORCEABLE OR ILLEGAL, THE REST OF THIS PROVISION SHALL REMAIN IN EFFECT.
IF THE ENTIRE ARBITRATION PROVISION IS FOUND TO BE INVALID OR UNENFORCEABLE, THEN THE PARTIES CONSENT TO PERSONAL JURISDICTION AND EXCLUSIVE VENUE IN THE STATE AND FEDERAL COURTS IN TAMPA, FLORIDA.
If you initiate the arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA’s Consumer Rules. Regardless of who initiates the arbitration, FPA will pay any other arbitration fees, including your share of arbitrator compensation. If the arbitrator rules against FPA, in addition to accepting whatever responsibility is ordered by the arbitrator, FPA will reimburse your reasonable attorneys’ fees and costs, regardless of who initiated the arbitration. In addition, if the arbitrator rules in our favor, we will not seek reimbursement of our attorneys’ fees and costs, regardless of who initiated the arbitration.
Intellectual Property Claims by FPA
In the event of intellectual property claims by FPA against you, FPA shall have the right to litigate such claims in any state or federal court in Tampa, Florida, and you consent to the exclusive and mandatory venue in such courts.
Child Privacy Notice
The Website is not intended for children and FPA does not knowingly collect personal information from children under the age of 13.
Information That We Collect from You
You may be able to use some of our Website without providing any personal information to us. However, in order to take advantage of certain features of our Website, you may be asked provide personal information. For example, depending on the feature, we may ask you provide information such as your name, e-mail address, telephone number, and/or information about your personal experiences. You can always choose to not provide us with the requested information; however, if you choose to not provide such information, you may not be able to access or use certain features or functions of the Website.
How We Use Your Information
- We may use the information we collect to deliver promotional and marketing materials to you electronically regarding FPA and its campaign.
- We may use the information we collect: to survey you, to contact you, and otherwise for the purposes for which you provided the information.
- We may combine the information we collect from your use of the Website with information that we collect from other sources.
- We may use the information we automatically collect from you to deliver marketing communications, special offers, or advertisements that may be of interest to you, including the delivery of targeted advertisements that are based on your previous online activity on the Website and other third party services.
- We may use information we collect to create personalized content. This includes personalized content based on the precise location information we collect from mobile devices or the location that we infer from your IP address or other information.
When We May Disclose Your Information
- We may disclose the information to third parties when we are required to do so by any law, regulation, court order, subpoena, law enforcement, or other regulatory requirement.
- We may disclose the information if we believe that such disclosure is necessary or appropriate: to comply with applicable law; to operate the Website; to protect the rights, property or safety of FPA, other users of the Website, partners, affiliates, sponsors, or others; to prevent harm or loss; or in connection with an investigation of suspected or actual unlawful activity.
Your Options Regarding the Information that We Collect
You may choose to:
- Stop receiving informational e-mails and updates;
- Update and correct the information that you provide to us; or
- Request that we no longer use the information you have given us to provide you with updates.
To exercise your choices, you may:
- Opt out of receiving informational communications by following the directions in any e-mail that you receive from us;
- E-mail us at [email protected] with your request.
If you opt-out using the directions and/or mechanisms provided in a specific type of communication, please be aware that you may only stop receiving that type of communication unless you exercise another option as described herein. Please note that it may take time to remove your information from our databases and that you may receive communications from us until such time as it is removed. Please note that it may not be possible to completely remove your information due to backups, records of deletions, and data retention requirements or policies.
Cookies and Other Tracking Technologies
Most web browsers are set to accept cookies by default, though you can manually disable the cookies feature of your browser. You should review the online documentation relating to your browser or consult with the provider of your browser for instructions on how to disable cookies. In addition, you may be able to exercise choices regarding companies such as online network advertisers via certain third party tools. Read more information about such choices at: http://www.aboutads.info/choices/.
We may also use technologies that let us know whether you viewed certain content and whether you viewed our e-mails or other electronic communications.
We use Google Analytics to learn about how you and others use the Website. You can learn more about how Google uses the information it collects at: https://www.google.com/policies/privacy/partners/.
Third party Content and Activities
The Website may contain links to content or integrated content (like embedded videos) provided by third parties. The information practices of those third parties may differ from ours. You should consult the privacy policies of any third party that provides content that you access through the Website as we do not control and are not responsible for the information that it collects, uses, or shares. Because your web browser may obtain integrated content directly from third party servers, the third parties may be able to collect information as if you had visited their sites directly. Some of the third parties that provide content on our Website or support our business by facilitating online advertising, analytics, or research may use technologies to track your online activities over time and across various websites and other online services.
FPA uses administrative, technical, and physical safeguards designed to safeguard the information we collect via the Website. However, no information system can be 100% secure. We cannot guarantee the absolute security of your information. Moreover, we are not responsible for the security of information you transmit or receive via the Website over networks that we do not control, including the Internet and wireless networks.