Applicability and Acceptance of Terms and Conditions of Use. Except as otherwise set forth herein, these General Terms and Conditions of Use (“Terms and Conditions”) govern your use of the Fulton Communications, Inc. (“Fulton”) web site. By accessing and using Fulton’s web site, you acknowledge that you have read and agree to these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, then you are requested to immediately exit this site. If you violate these Terms and Conditions, then Fulton may temporarily suspend or permanently terminate Fulton’s services to you, demand your removal of any inaccurate or offending material, restrict your access to Fulton’s web site or services or take any other action Fulton deems appropriate to address these violations.

Revisions to Terms and Conditions. Please refer to these Terms and Conditions regularly. Fulton may at any time and without prior notice revise these Terms and Conditions by updating this posting. Your continued use of this site following posting of changes to these Terms and Conditions signifies that you accept these changes.

Web Site Content. (a) Copyright. All information, data, graphics, logos, trademarks (as further described below), messages, photographs, the HTML code that Fulton creates to generate the web site, or other materials (collectively, “Content”) included on this site is the property of Fulton or content providers of Fulton and is protected by copyright law. You may not produce, publish, transmit, distribute, display, modify, create derivative works from, or exploit in any way, in whole or in part, any of Content of this site or any related software without the prior written consent of Fulton, its content providers or as authorized under these Terms and Conditions. However, you may print or download a copy of the Content for your personal use as long as you keep intact all copyright and other proprietary notices.
(b) Trademarks. The name “Fulton Communications” and the graphics and logos displayed on this web site are the property of or have been licensed by Fulton and may not be used without the prior written permission of Fulton. Fulton does not permit the use of its name, graphics or logos in advertising, as an endorsement for any product or service, or for any other commercial purpose without Fulton’s prior written approval.

Web Site Content. (c) Disclaimer. THIS WEB SITE INCLUDES CONTENT AND INFORMATION THAT IS SUBJECT TO CHANGE WITHOUT NOTICE. WHILE FULTON DESIRES THAT THE CONTENT AND INFORMATION ON THIS WEB SITE BE UP-TO-DATE AND ACCURATE, IT IS YOUR SOLE RESPONSIBILITY TO CONFIRM THE ACCURACY, COMPLETENESS OR RELIABILITY OF SUCH CONTENT AND INFORMATION. FULTON DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OF THE CONTENT OR INFORMATION ON THIS WEB SITE OR THE ACCURACY OR RELIABILITY OF SUCH CONTENT OR INFORMATION.

Feedback. Any comments or materials sent to Fulton regarding any content or information found on the web site, including, without limitation, feedback data, questions, comments or suggestions (collectively “Feedback”), will not be treated as confidential and will become the property of Fulton. Fulton has no obligation of any kind with respect to such Feedback and will be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback.

Acceptable Web Site Uses. You may access the web site to browse and to use Fulton’s services for only lawful purposes including, but not limited to, gathering information about Fulton and our services. You may not use or allow others to use the web site or Fulton’s services for any unlawful purposes or engage in any activity that harms Fulton or impairs any other users’ use or enjoyment of the web site or services subject to the sole discretion of Fulton that may include violating or attempting to violate Fulton’s web site security, including, but not limited to, accessing data not intended for you, sending unsolicited email or attempting to interfere with the web site.

WARRANTY DISCLAIMER. THIS WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, CONTENT AND SERVICES MADE AVAILABLE ON THIS WEB SITE, IS PROVIDED “AS IS.” FULTON AND ITS EMPLOYEES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WHATSOEVER REGARDING THE CONTENT OR SERVICES OF THIS WEB SITE, OR HYPERTEXT LINKS TO OTHER OUTSIDE WEB SITES. FULTON AND ITS EMPLOYEES AND AGENTS DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND OR NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, WARRANTIES RELATED TO ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE, AND IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MOREOVER, FULTON DOES NOT REPRESENT OR WARRANT THAT YOUR ACCESS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE AND MATERIAL ACCESSIBLE FROM THIS WEB SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY. FULTON WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR PERFORMANCE OF, OR THE INABILITY TO USE, THE FULTON WEB SITE OR INFORMATION OR FUNCTIONS ON SUCH SITE, EVEN IF FULTON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL FULTON’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEB SITE.

Indemnification. You hereby agree to defend, indemnify and hold harmless Fulton and its directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of your use of this web site.
General. These Terms and Conditions and all information on this web site are governed by and will be construed in accordance with the laws of the State of Georgia and of the United States of America. The venue for any matter relating to or arising from this site will be in the state or federal court of competent jurisdiction in the State of Georgia. To the extent any portion of these Terms and Conditions is determined to be unenforceable by a court of competent jurisdiction, such portion will be modified solely to the extent necessary to cause such portion to be enforceable, and these Terms and Conditions, as modified, will remain in full force and effect. This is the entire agreement between users and Fulton relating to the subject matter herein and will not be modified except in writing signed by both parties.