Terms of Use

FEV Analytics ("FEV") has created this website (the “Site”) for your informational use. Please read these Terms of Use ("TOU") carefully before using the Site.

The services that FEV provides to you are subject to these TOU. When used in the TOU, “we” and “our” means FEV, and “you” and “your” refers to any individual, company or legal entity that accesses or otherwise uses this Site.

FEV may update or modify the TOU from time to time without notice to you. You may review the most current TOU by selecting the "Terms of Use" link located in the footer of the Site. When we make updates to the TOU, FEV will update the date at the top of this page. By using the Site after a new version of the TOU has been posted, you agree to the terms of such new version.

Specific terms may apply to specific content, data, materials, or information that you may upload, submit, and/or publish to the Site (“User Content”) or to transactions conducted through this Site. Such specific terms may be in addition to these TOU or, to the extent expressly specified, may supersede these TOU.

Description of the Services

Through the Site, FEV provides you with access to a variety of resources, including research papers, research findings, model descriptions, modeled quantities, download areas, upload areas, and product information (collectively "Services"). The Services and periodic changes thereto, including any updates, enhancements, and/or the addition of any new Site functionality, are subject to these TOU.

Non-Commercial Use Limitation

Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.

Privacy Notice

Personal information provided through this Site is used in accordance with FEV's Privacy Notice.

Copyright and Trademarks

All content made available through the Services, including text, graphics, logos, diagrams, images, data compilation, and arrangements thereof, software, trademarks, service marks, and documents is the sole and exclusive property of FEV and is protected by United States and international copyright and other intellectual property laws and rights. All rights not expressly granted to you in this TOU are reserved and retained by FEV.

Links to Third-Party Websites

FEV Services may contain hyperlinks to third-party websites as a convenience to you. The inclusion of any hyperlink does not imply endorsement by FEV of the third-party site. FEV does not control or endorse any third-party websites, including those that hyperlinks in our Services may point to. You agree that FEV will not be responsible or liable for any content, goods or services provided on or through these third-party websites or for your use or inability to use, such websites. FEV expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third-party website, including those that hyperlinks contained in FEV Services may point to. FEV recommends that you read the legal and privacy notices of all other websites that you visit.

Disclaimer of Warranties

FEV tries to make Services on this Site helpful to you. However, we make no warranties or representations as to the accuracy or timeliness of the Services. YOUR USE OF THE SITE AND CONSUMPTION OF SERVICES IS AT YOUR SOLE RISK. THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FEV EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FEV MAKES NO WARRANTY THAT (1) THE SERVICES WILL MEET YOUR REQUIREMENTS, (2) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE SERVICES THAT MAY BE OBTAINED FROM THE SITE WILL BE ACCURATE OR RELIABLE, (4) THE SITE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR (5) ANY ERRORS IN THE SITE WILL BE CORRECTED. ANY SERVICES VIEWED OR DOWNLOADED THROUGH THIS SITE IS ACCESSED BY YOU AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICES AND SITE, INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM COMPUTER VIRUSES. WE DISCLAIM WARRANTIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Unsolicited Idea Submission Policy

The Site and our services are not designed for or directed to children. FEV does not request or require date of birth, personal address, or credit card information through the Site or in the ordinary course of business. FEV does not knowingly collect or solicit personal information from children through the Site. If you believe that a child may have provided us with personal information through the Site, please contact us as specified in the Contact Us section of this Website Privacy Notice.

Use of Services

You agree that when using the Services to communicate with FEV, you will not:

• Use the Services in connection with surveys, junk email, spamming or any duplicative messages (commercial or otherwise).

• Abuse, harass, stalk, threaten or otherwise violate the legal rights of others.

• Upload, post, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information to or through the Services.

• Upload or make available any files that contain images, graphics, software or other content protected by intellectual property laws unless you have the rights or necessary consent to do so.

• Use any of the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.

• Upload or attempt to upload files that contain viruses, corrupted files, or any other malware that may damage the operation of another's computer.

• Cause any other user to be prevented or restricted from accessing the Site or using the Services.

• Harvest or otherwise collect information about others, including e-mail addresses.

• Violate any applicable laws or regulations.

• Create a false identity for the purpose of misleading others.

• Copy or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.

FEV has no obligation to monitor the Services. However, FEV reserves the right toterminate your access to any or all of the Services at any time, without notice, for any reason whatsoever.

FEV specifically disclaims any liability with regard to the Services and any actions resulting from your participation in or understanding of any Services.

Services downloaded from the Site may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations.

Disclaimer of Damages and Limitation of Liability

UNDER NO CIRCUMSTANCE SHALL FEV BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF YOUR USE OF OR ACCESS TO THE SERVICES OR FAILURE THEREOF, OR ANY OTHER WEBSITE YOU ACCESS THROUGH A HYPERLINK LINK FROM THIS SITE, OR ANY INCORRECT OR INACCURATE INFORMATION ON THIS SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO PROPERTY DAMAGE, LOSS OF USE, LOSS OF DATA, LOSS OF BUSINESS, ECONOMIC LOSS OR LOSS OF PROFITS), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF FEV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY WAIVE ALL CLAIMS AGAINST FEV AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS AND PROGRAMMERS THAT MAY ARISE FROM YOUR ACCESS OR USE OF THE SERVICES.

Governing Law and Dispute Resolution

These TOU is governed by the laws of the United States and Washington State, without giving effect to conflicts of law principles that would cause other laws to apply. FEV makes no representations that the Services on this Site are appropriate or available in all national locations or languages. You agree that any action at law or in equity arising from or relating to your access or use of the Site or to these TOU shall be brought exclusively in the federal or state courts residing in Washington State.

Miscellaneous

If any provision of these TOU is found to be unlawful, void, or unenforceable for any reason by a court of competent jurisdiction, then such provision shall be replaced by a valid, enforceable provision that most closely matches the intent of the original provision, and the validity and enforceability of any remaining provisions shall not be affected.

The failure to enforce any provision of these TOU shall not constitute a waiver of that provision and shall not limit FEV's right to enforce any provision of these TOU.