Last updated: May 1, 2018
Fiduciary Risk Systems, LLC and/or its affiliates (“FRS”) provide website features and other informational services to you when you visit FiduciaryRiskSystems.com (collectively, “FRS Services”). FRS provides the FRS Services subject to the following terms.
By using FRS Services, you agree to these conditions. Please read them carefully.
Please review our Privacy Notice, which also governs your use of FRS Services, to understand our practices.
USE OF INFORMATION
The opinions offered on this site do not necessarily reflect those of FRS. Any and all information contained on this site is intended as for informational purposes only. The opinions and information provided herein should not be taken in any way as financial, investment, tax or legal advice, nor relied upon for purposes of avoiding any Federal or State Tax penalties. You are encouraged to seek financial, investment, accounting, tax and legal advice from your professional advisors. Neither FRS nor its affiliates, directors, officers, employees or agents accepts any liability for any loss or damage arising out of your use of all or any part of this website.
When you use FRS Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts or notices and messages on this site or through other methods, and you can retain copies of these communications for your records. 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.
All content included in or made available through any FRS Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of FRS or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any FRS Service is the exclusive property of FRS and protected by U.S. and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any FRS Service are trademarks or trade dress of FRS in the U.S. and other countries. FRS’s trademarks and trade dress may not be used in connection with any product or service that is not FRS’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits FRS. All other trademarks not owned by FRS that appear in any FRS Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by FRS.
FRS respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint using the address below. We respond quickly to the concerns of rights owners about any alleged infringement.
DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY
THE FRS SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FRS SERVICES ARE PROVIDED BY FRS ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. FRS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE FRS SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FRS SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE FRS SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, FRS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FRS DOES NOT WARRANT THAT THE FRS SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FRS SERVICES, FRS’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM FRS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, FRS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY FRS SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY FRS SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Any dispute or claim relating in any way to your use of any FRS Service will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the address listed below. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any FRS Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Utah, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and FRS.
SITE POLICIES, MODIFICATION, & SEVERABILITY
Fiduciary Risk Systems, LLC
PO Box 688
Sandy, UT 84070