Privacy Policy

Francis Myles International (“FMI”) cares about your privacy. This privacy policy tells you what information we collect at our websites and how we use it. If you choose to visit any of the FMI websites, your visit is subject to this privacy policy, and you agree its terms.

What Information We Collect. There are many places at our sites where you can share your personal information with us, and where you can communicate with others.

Registration. Some of our sites give you the opportunity to register with us, and sometimes registration is required before certain site features can be used. Our registration forms may request your contact information (such as your name, email address, mailing address, etc.), demographic information (such as your country, gender, etc.), and profile data (such as your listening/viewing preferences, etc.). You may be assigned a site username and/or password. For our internal purposes, we use this information to communicate with you and provide the services you have requested, and to provide a more personalized experience on our sites. For example, your registration may allow you to use and post to site message boards, create site profiles, etc. We use aggregate demographic and profile information about our audience in order to improve our service, for research purposes, marketing/promotional purposes and/or for industry reporting purposes, among others. By visiting our sites, you affirmatively consent to our collection and use of your data.

Newsletters and Other Communications from Us. Our registered users and customers may receive newsletters, email communications, or communications through other channels for, among other purposes, the promotion and marketing of a product or service from our family of sites and business properties, and business partners, and we may also offer other visitors to our sites the opportunity to sign up to receive such information. When there is a separate sign-up for newsletters, we ask for contact information such as name and email address, and, sometimes, demographic and profile information. By visiting our sites, you affirmatively consent to our collection and use of your data. We use this information in the same manner as we use the contact information in the Registration process described above. We may offer our users the choice whether to receive mailings from others that we think will be of interest. Recipients of our mailings can unsubscribe by following instructions that may appear at the end of email communications. Note that in order to keep our registered users informed about the operation of our services, we may send emails and announcements that are needed for the proper functioning and administration of our sites and service.

Communications with Us. We have features where you can submit information to us (such as when contacting us with a question or feedback). We may retain your emails and other information you submit to us for our internal purposes, and to help us to serve you better.

Interactive and Community Features. Our sites may offer interactive and community features, such as message boards, chat, email accounts, short message service (SMS), instant messaging, profiles, personal homepages, etc. All information posted or sent through these features may be publicly available, and you should be aware that when you voluntarily disclose personal information (e.g., user name, email address, phone number) through these features, that information can be collected and used by others and may result in unsolicited communications from other people. By accessing these features and disclosing personal information, you affirmatively consent to the distribution of your personal information as described above. Users’ posts may be publicly and/or internally associated with their profiles/screen-names. Users are solely responsible for the content of messages they post or send on public forums.

Automatic Data Collection. Our web sites may have features that automatically collect information from users to assist us in creating sites that honor our users’ preferences and serve their interests and needs.

Some of our sites use cookies, which are small data files containing information about the user that are stored on the user’s hard drive. Some cookies are used to make login to our sites easier (such as remembering usernames and passwords). Cookies can also enable us to track users’ movements and target their interests to enhance their experience at our sites. We may also collect clickstream data and assign unique identifiers to our users for the same purposes. Information obtained with these technologies may be associated with your personal information so we can better market to you and customize our advertisements and promotions to your interests.

We may use third-party advertising companies to serve ads when you visit our web sites. These companies may use information (not including your name, address, email address or telephone number) about your visits to our sites and other web sites on the Internet in order to provide advertisements about goods and services of interest to you. If you would like to learn more about this practice or find out how you can opt out from allowing these companies to gather this information or use it to display targeted ads, please visit the NAI’s website a thttp://networkadvertising.org/consumer/opt_out.asp.

Most common web browsers today, such as Chrome, Firefox and Internet Explorer, allow you to modify your settings to block cookies entirely, alert you every time they are being sent, or allow their use by only those web sites you choose. You can also delete cookies that are currently stored on your computer’s hard drive. Please note that if you disable/delete all cookies stored on your computer, you will have also disabled the cookies that are used by NAI to help prevent you from receiving unwanted advertising from third party ad networks. If you do not want this to happen, please make sure not to disable/delete the NAI cookie or add NAI to the approved list of sites from whom you allow/accept cookies. Through the use of web logs or log files, we may also gather information such as the date, time, browser type, navigation history, and IP address of all visitors to our site(s). We use this information for our internal security audit log, trend analysis, and system administration, and to gather broad demographic information about our user base. We may associate this information with your personal information. By visiting our sites, you affirmatively consent to our collection, use, and distribution of your data.

With Whom Your Information Is Shared. We do not share your personally identifiable information with other companies, apart from those acting as our agents in providing our service to you, and which agree to use it only for that purpose and to keep the information secure and confidential. Also, please be aware that our business units, subsidiaries, affiliates and sites, and entities into which our companies may be merged, or entities to which any of our assets, products, sites or operations may be transferred, may obtain from us and be able to use your personal information. We will also disclose information we maintain when required to do so by law, for example, in response to a court order or a subpoena or other legal obligation, in response to a law enforcement agency’s request, or in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property. You should also be aware that courts of equity, such as U.S. Bankruptcy Courts, may have the authority under certain circumstances to permit your information to be shared or transferred to third parties without your permission.

We may share (provide and receive) aggregate information, which is not personally identifiable, with others. This information may include demographic data such as the gender and/or geographic location of groups of users, but it will not include personal information (such as your name or email address). We use aggregate demographic information about our audience in order to improve our service, for research purposes, marketing/promotional purposes and/or for industry reporting purposes, among others.

Choice. By accepting this privacy policy, you expressly choose to receive certain communications from us, and you expressly agree to the privacy practices described herein. Our sites may also provide you with additional specific opportunities to select communications you wish to receive. You may change your privacy preferences, e.g. choose to cease receiving certain communications, by informing us of your new preferences. We will be able to honor your new preferences most quickly if you inform us of them by following the appropriate instructions in any communication you receive from us. Please be aware that messages you receive from us through SMS and instant messaging systems (and other systems apart from email) may not include an option to cease receiving communications; to change your privacy preferences with respect to those communications, please go to the profile page at the site where you provided your personal information or direct your instructions to the privacy contact identified at the end of this policy.

Access. If a user’s personally identifiable information changes (such as zip code), we endeavor to provide a way to correct or update that user’s personal data. Please feel free to contact us if you have any questions regarding making changes to your data.

Data Collection From Children. We strive to comply with the Children’s Online Privacy Protection Act (COPPA). We do not knowingly collect personal information from U.S. children under 13 without appropriate parental notice and consent. We are committed to protecting children’s privacy.

NOTICE: Visit http://onguardonline.gov/articles/0031-kids%E2%80%99-privacy for information from the Federal Trade Commission about protecting children’s privacy online.

Security. Security for all personally identifiable information is extremely important to us. We store your personal information securely, and use special procedures designed to protect the information we collect from loss, misuse, unauthorized access or disclosure, alteration or destruction.

Merchant/E-Commerce Areas. Some of our sites have merchant/e-commerce areas, where users can purchase goods and services. Personal information is subject to this Privacy Policy.

Website Terms & Conditions. This Privacy Policy constitutes an integrated part of FMI’s Terms & Conditions

Contact. If you have any questions about our privacy practices, please feel free to contact Privacy Department at:

FRANCIS MYLES
1776 N. Scottsdale Road, Unit 2467
Scottsdale, AZ 85252
1.602.888.0864 or email us at info@francismyles.com

Terms & Conditions

The following terms and conditions (the “Terms and Conditions”) govern your use of website(s) owned by Francis Myles (“FMI”), including as www.francismyles.com, as well as all other domain names owned or controlled by FMI or any of its affiliates and/or subsidiaries (collectively, the “Site”). The Site is made available by FMI, and its affiliates (“FMI” or “we” or “us”). We may change the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the Site.

BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE SITE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT PERMITTED TO ACCESS OR USE THE SITE. THIS IS A BINDING LEGAL AGREEMENT.

Proprietary Rights. As between you and FMI owns, solely and exclusively, all rights, title and interest in and to the Site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, lyrics, software, etc.), code, data and materials thereon, the look and feel, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Site does not grant to you ownership of any content, code, data or materials you may access on the Site. You may view the content on the Site on your computer or other internet-compatible device, and make single copies or prints of the content on the Site for your personal, internal use only. Any commercial distribution, publishing or exploitation of the Site, or any content, code, data or materials on the Site, is strictly prohibited unless you have received the express prior permission of FMI or the applicable rights holder. (The Site may contain some features that enable you to obtain rights to use certain content on the Site, such as photographs, comments, and the like. In such situations, your rights to use such content are limited to the rights expressly granted by FMI in such situations.) You may not otherwise copy, reproduce, distribute or otherwise exploit any content, code, data or materials on the Site. If you make other use of the Site, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. FMI will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

Notwithstanding the foregoing, and unless we otherwise agree, you shall remain the owner of any content you post on the Site; provided, however, we shall have the nonexclusive, perpetual right to use, distribute, license and sublicense, translate, exploit and copy such content, in our sole discretion; and provided, further, that you shall not be entitled to any compensation whatsoever in connection with the use and enjoyment of our rights described above.

Trademarks. The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of FMI and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders, or otherwise in violation of applicable law. All Trademarks not owned by FMI that appear on the Site, if any, are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of FMI or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Site is strictly prohibited. FMI will aggressively enforce its Trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.

Infringement & DMCA Notices. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been violated, please notify FMI’s agent for notice of claims of copyright or other intellectual property infringement (“Agent”), at: contact@francismyles.com , or our Copyright Agent at: FMI, Attn: Copyright Agent, 1776 N. Scottsdale Road, Unit 2467, Scottsdale, AZ 85252. All notices must include: a) Identify the material on the Site that you claim is infringing, with enough detail so that we may locate it on the Site; b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; c) A statement by you declaring under penalty of perjury that (1) the above information in your notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; d) your name, address, telephone number, and email address; and e) your physical or electronic signature. FMI will remove the alleged infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).

User Information. In the course of your use of the Site, you may be asked to provide certain personalized information to us (such information referred to hereinafter as “User Information”). Our information collection and use policies with respect to the privacy of such User Information are set forth in the Site’s Privacy Policy which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and further that we are entitled to rely on the accuracy and completeness of the User Information.

Unsolicited Materials. Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Site, by e-mail or in any other way. Any information, creative works, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us (“Submitted Materials”) shall be deemed not to be confidential or secret, and may be used by us in any manner consistent with the Site’s Privacy Policy. By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materialsare original to you, that no other party has any rights thereto, and that any “moral rights” in Submitted Materials have been waived, and (ii) you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. We cannot be responsible for maintaining any Submitted Material that you provide to us, or to return it to you, and we may retain, delete or destroy any such Submitted Material at any time, in our sole discretion.

User Conduct. You warrant and agree that, while using the Site, you shall not upload, post or transmit to the Site, or distribute or otherwise publish through the Site, any materials that: (a) are protected by third party copyright, or other proprietary or intellectual property right; (b) are unlawful, threatening, hateful, tortious, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy or publicity rights, harassing, profane, obscene, vulgar or that contain explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), (c) restrict or inhibit any other user from using and enjoying the Site, (d) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability, or (e) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact.

You also warrant and agree that you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information or other material); (c) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information, or send chain letters or pyramid schemes via the Site; (d) attempt to gain unauthorized access to other computer systems through the Site; (e) “stalk” or otherwise harass anyone using the Site or access through the Site; (f) contact anyone using the Site or accessed through the Site for any commercial purpose; or (g) contact anyone using the Site or accessed through the Site for any inappropriate, unlawful, or elicit purpose. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

Although FMI may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, FMI is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations on the Site nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site.

You agree that if you include a link from any other website to the Site, such link shall open in a new browser window. You agree not to link from any other website to this Site in any manner such that the Site, or any page of the Site, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve the right to revoke your right to link to the Site from your website at any time upon written notice to you.

You agree to defend, indemnify and hold FMI and its directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorney fees, arising in any way from your use of the Site, your placement or transmission of any message, content, information, software or other materials through the Site, or your breach or violation of the law or of these Terms and Conditions. FMI reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with FMI’s defense of such claim.

User Risk. You assume all risk when using the Site, including, but not limited to, all of the risks associated with any online or offline interactions with others, including communication, dating, bartering, buying, selling, and correspondence. You agree to take all necessary precautions associated with such activities. FMI IS NOT LIABLE OR RESPONSIBLE FOR ANY ACTIVITIES YOU ENGAGE IN WITH PERSON (S) YOU FIND AND/OR WHO FIND YOU THROUGH OR ON THE SITE, AND FMI EXPRESSLY WAIVES ANY AND ALL WARRANTIES OF SAFETY AND RESPONSIBILITY FOR YOUR CONDUCT AND INTERACTIONS.

Account & Password. You may be enabled to create an account in the Site with a username and/or password. If so, you are responsible for maintaining the strict confidentiality of your account password, and you shall be responsible for any access to or use of the Site by you or any person or entity using a password provided to you, whether or not such access or use has been authorized by or on behalf of you, and whether or not such person or entity is your employee or agent. You agree to (a) immediately notify FMI of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify FMI when you desire to cancel your account on the Site. FMI will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.

Access to the Content. By agreeing to these Terms and Conditions, the Privacy Policy, and any other agreements and/or licenses we require, you are entitled to access the Site according to any and all access guidelines, rules of conduct, or other obligations we establish. Your access is explicitly limited, personal, non-transferable and non-exclusive, and subject to these Terms and Conditions and the Privacy Policy.

FMI EXPRESSLY RESERVES THE RIGHT TO TERMINATE AND DENY ACCESS TO THE SITE, OR ANY PART THEREOF, IN THE EVENT YOU MISUSE AND/OR ABUSE YOUR ACCESS TO THE SITE, OR ARE IN VIOLATION OF THESE TERMS AND CONDITIONS, THE PRIVACY POLICY, OR ANY OTHER AGREEMENT OR LICENSE WITH US OR AFFECTING US.

Activation & Subscription Fees. FMI reserves the right to charge activation and/or subscription fees for various services we may offer, in our sole discretion (the “Fees”). Once incurred, the Fees are not subject to refund or offset, unless otherwise agreed in writing.

Software Downloads. In the event that you receive software demos or other software products downloaded from and/or access through the Site or otherwise delivered or provided by FMI in response to your request, your use of such software will be, in addition to these Terms and Conditions, subject to the software license agreement that accompanies such software.

Media Downloads & Streaming. In the event that you are permitted to download (including podcasts) and/or stream media, including, but not limited to, video, audio, and/or other media, you understand and agree that your use is limited to personal, non-transferrable access, and is subject to any restrictions placed on such media content.

Product Orders. We may make certain products available to visitors and registrants of the Site, including specials, deals, discounts, and the like. You may only access or purchase any such products by, among other things. You agree to pay in full the prices for any purchases you make either by PayPal and/or credit/debit card concurrent with your online order or by other payment means acceptable to FMI. You agree to pay all applicable taxes. If payment is not received by us, you agree to pay all amounts due upon demand by us, including any costs of collection, including attorney fees

DISCLAIMER OF WARRANTIES. THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED “AS IS,” “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. FMI ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, FMI AND ITS SUPPLIERS, VENDORS, AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS, DISCOUNTS, SPECIALS, AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH FMI OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SITE ARE PROVIDED BY FMI “AS IS”, EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND FMI OR ITS LICENSOR, VENDOR, OR SUPPLIER.

LIMITATION OF LIABILITY. IN NO EVENT SHALL FMI OR ANY OF ITS DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO FMI FOR YOUR USE OF THE SITE.

Indemnity. You shall at all times indemnify and hold FMI, its respective shareholders, directors, officers, members, employees, agents, successors, and assigns, harmless from and against any and all claims, damages, losses, costs, liabilities and expenses, including attorney fees, arising out of or caused by a breach by you of any representation, warranty or agreement made by you and/or any use or reliance on the Content and/or any other property owned by FMI, or otherwise arising out of or in any way related to your use of the Site.

Relationships of Parties. RELATIONSHIP OF PARTIES. Nothing contained in any FMI agreement or in these Terms and Conditions shall constitute a partnership between or joint venture of the parties, or constitute either party as the agent of the other. Neither party shall hold itself out contrary to the terms of any FMI agreement and/or these Terms and Conditions, and neither party shall be or become liable by reason of any representation, act or omission of the other contrary to the provisions the same. Except as otherwise expressly provided for, any FMI agreement is not for the benefit of any third party and shall not be deemed to give any right or remedy to any such party.

Waiver. No waiver by FMI of any breach of any agreement, warranty, representation, obligation, promise, and/or other part of these Terms and Conditions shall be deemed a waiver of any preceding, continuing or succeeding breach of the same, or any other item.

Assignment. You shall not assign any of your rights and/or delegate any of your obligations under this or any other agreement with FMI. Any purported assignment and/or delegation by you shall be null and void. FMI may assign and/or delegate any of its rights and/or obligations under these Terms and Conditions, and/or under any other agreement between you and FMI.

Binding Agreements. All applicable FMI agreements and these FMI Terms and Conditions shall be binding upon and inure to the benefit of the parties and each of their respective successors and assigns.

Notices. Any notices required to be given by any party to the other shall be in writing and may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested. Either party may change its address for purposes of this Agreement by giving the other party written notice of the new address in the manner set forth above.

Headings. The headings used in these Terms and Conditions, or any articles, sections or paragraphs, are inserted only for the purposes of convenient reference and that they may not accurately or adequately describe the contents of the sections or paragraphs which they head. Such headings shall not be deemed to limit, cover or in any way affect the scope, meaning or intent of these Terms and Conditions, or any part of thereof, nor shall they otherwise be given any legal effect.

Governing Law & Venue; Attorney Fees. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Arizona. The exclusive venue of any mediation, action or other proceeding arising out of this Agreement shall be in the state and federal courts in Maricopa, State of Arizona. The prevailing party in any dispute or proceeding arising out of this Agreement shall be entitled to recover its costs and expenses, including reasonable attorney fees, incurred as a result thereof.

Severability. Nothing herein contained shall be construed as to require the commission of any act contrary to law, and wherever there is any conflict between any provisions of these Terms and Conditions, and any material statute, law or ordinance contrary to which the parties have no legal right to contract, the latter shall prevail, but in such event, the provisions of the Terms and Conditions affected shall be curtailed and limited only to the extent necessary to bring it within the legal requirements.

Counterparts. All FMI agreements, including these Terms and Conditions, may be executed (including by electronic execution) in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

Remedies. In the event any mediation, lawsuit and/or any other action or proceeding is instituted by you against FMI, your recovery, if any, shall be absolutely limited by the amount of activation and/or subscription fees you pay to FMI.

Entire Agreement. These Terms and Conditions are intended by the parties as the final expression of their agreement and understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms thereof and supersedes any and all prior and contemporaneous agreements and understandings related thereto. Any modification of these Terms and Conditions by FMI shall be binding immediately upon posting to the Site.

Compliance with Local Laws FMI operates the Site from its offices in the United States of America. FMI does not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations, do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Notifications to Site & Services. FMI reserves the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features or hours of availability. We may also impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty. FMI reserves the right to temporarily or permanently terminate your access to the Site for any or no reason without prior notice.

Acceptance of Terms & Conditions. Your use of the Site, or any part thereof, constitutes your express understanding, acknowledgement and acceptance of these Terms and Conditions, to the same extent as if you signed a document evidencing your acceptance and agreement with these Terms and Conditions.

Returns and Replacement

General Returns Policy

Please send all returns and exchanges to:
Francis Myles International
ATTN: Returns
1776 N. Scottsdale Road, Unit 2467
Scottsdale, AZ 85252

Returns can be made on any new, unopened items sold and fulfilled by FMI within 30 days of delivery for a full refund. Items should be returned in their original product packaging. If it is a result of our error, FMI will pay for the return shipping costs. If a return is necessary, please call the FMI Bookstore at 602.888.0364 for a Return Authorization Number (RAN) and for further instructions; please have your order number available.

Items purchased from the web-store must be returned through the previous procedures only.

Refunds should be expected within four weeks of returned shipping to FMI. This time period includes transit time, process times after receiving products, and the process time of the refund request.

FMI does not accept returns or refunds on the following items:
• Downloadable products
• Gift cards and gift certificates
Exchanges
Exchanges can be made on any unopened and resalable items. All shipping cost for items that are being exchanged are the sole responsibility of the customer. Any cost difference between new products and those being exchanged will be handled at the time of the exchange.

*FMI reserves the right to change policy on a case-by-case basis.

International Shipping Policy

It’s our aim to get your order to you as quickly and efficiently as possible. To keep costs low, we ship via USPS or UPS and follow these international policies:

  • We do not cover duties or customs on purchases that may be incurred upon delivery.
  • We will work with our shipping providers in the event that your package goes missing; however, we cannot accept responsibility if the package is lost.

We encourage all international customers to purchase book and audio downloads for faster access, and there are no shipping charges for downloads!

Thank you for trusting us with your purchases.

Karen, Please check the link below to see whether we need something like this on our website.