Terms and Conditions
TERMS AND CONDITIONS
Last updated: August 16, 2020
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the services provided through https://www.fefps.com/ website (the “Service”) operated by Florida Electronic Fingerprinting Services LLC (“us”, “we”, or “our”). Any reference to the term ‘Website’ means https://www.fefps.com/ and it is an integral part of the Service.
The information contained on the Website about the Service is for general information purposes only. We assume no responsibility for errors or omissions in the contents on the Service.
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
Minors or people below 18 years old are not allowed to use this Service.
ACCOUNTS AND USAGE
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
You must be authorized under laws applicable to you to access this Service and you have the sole duty to ensure that you are compatible with this requirement.
You are specifically restricted from doing any of the following:
1. Publishing any Website material in any other media.
2. Selling, sublicensing and/or otherwise commercializing any Website material.
3. Publicly performing and/or showing any Website material.
4. Using this Website in any way that is or may be damaging to this Website.
5. Using this Website in any way that impacts user access to this Website.
6. Using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity.
7. Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website.
8. Using this Website to engage in any advertising or marketing.
Certain areas of this Website are restricted from being access by you and we may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.
The Service and its original content, features and functionality are and will remain the exclusive property of Florida Electronic Fingerprinting Services LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Florida Electronic Fingerprinting Services LLC.
Any content that you upload on the Website or provide us as to enable you to provide our Service is provided by you with an irrevocable unlimited transferable license for use of the content in any manner that we deem fit.
LINKS TO OTHER WEB SITES
Our Service may contain links to third party web sites or services that are not owned or controlled by Florida Electronic Fingerprinting Services LLC. Florida Electronic Fingerprinting Services LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
Please note that we do not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites.
You acknowledge and agree that Florida Electronic Fingerprinting Services LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Florida Electronic Fingerprinting Services LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
LIMITATION OF LIABILITY
In no event shall Florida Electronic Fingerprinting Services LLC, or its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from
(i) your access to or use of or inability to access or use the Service;
(ii) any conduct or content of any third party on the Service;
(iii) any content obtained from the Service; and
(iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
We do not guarantee the suitability of the Service. We do not in any manner accept any responsibility for any losses arising from the use of the Service by any person. All Services are provided without any declaration of suitability for any purpose, or regarding fitness for use. Users are requested to take every precaution to evaluate the suitability of the Service for their purpose and make any decisions based on their sole responsibility.
While we try to comply with currently prevailing cyber security standards, we may still be a victim of a cyber security such as virus attack, hacking, Denial of Service attack and phishing. Such a cybersecurity incident may lead to loss of any data which users may have uploaded on the Website or may have provided to us. We will not be liable for any consequences arising from such an incident and users who use the Service accept the sole liability for any losses arising from a cybersecurity incident related to the website or the Service.
In no event shall Florida Electronic Fingerprinting Services LLC, or any of its officers, directors and employees, shall be held liable for anything arising out of, or in any way connected with your use of this Service whether such liability is under contract or otherwise. Florida Electronic Fingerprinting Services LLC, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Service or the Website.
NO WARRANTIES AND DISCLAIMER
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Florida Electronic Fingerprinting Services LLC, its subsidiaries, affiliates, and its licensors do not warrant that
a) the Service will function uninterrupted, secure or available at any particular time or location;
b) any errors or defects will be corrected;
c) the Service is free of viruses or other harmful components; or
d) the results of using the Service will meet your requirements.
In no event shall Florida Electronic Fingerprinting Services LLC be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service.
Florida Electronic Fingerprinting Services LLC reserves the right to make additions, deletions, or modification to the contents on the Website and to the Terms at any time without prior notice.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
No refunds are provided once your initial fingerprint request has been transmitted to or processed with the FDLE – Florida Department of Law Enforcement. Refunds may be made prior to the processing of your request or prior to fingerprinting at our sole discretion, but there is no right to claim for the same.
These Terms shall be governed and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions.
Any disputes relating to the Service will be resolved in courts of Florida, USA only.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us.
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
These Terms constitute the entire agreement between us and you in relation to your use of this Service, and supersede all prior agreements and understandings.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
We are allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. You are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.