Terms of Use

Posted: April 13, 2023 | Effective: April 13, 2023

Last Version: October 26, 2022

To view our Privacy Policy, please click here.

fXm, Inc. (“FxM,” “we,” “our,” or “us”) provides flexible, scalable media finance solutions to our clients and partners across the digital media supply chain. These terms of use (the “Terms of Use”) govern your use of (a) FxM’s website at www.fxm.co (“Company Site”) and (b) any FxM website, service, or application that links to these Terms of Use (the “Services”). Please read this Terms of Use agreement carefully. Your access and use of the Company Site or Services indicates that you have accepted and agreed to these Terms of Use.

We may change the Terms of Use by posting revisions to this page. Your continued use of the Company Site or Services means that you accept any and all revised terms.

USER OBLIGATIONS AND RESPONSIBILITIES

You are responsible for your compliance with these Terms of Use and applicable law and regulation. You hereby confirm that (a) you are at or above the legal age of majority in your jurisdiction of residence, and (b) provided that you have accessed the Company Site or Services on behalf of another, that you are authorized by that entity to act on its or their behalf.

You are responsible for providing information to the Company Site and Services that is current, complete, and accurate. You are responsible for all your activities with the Company Site and Services. We are not liable for any loss that you may incur as a result of your failure to comply with these requirements. If you have an account with FxM, you are responsible for maintaining the accuracy of your account data and the confidentiality of your user name, password and other account information.

PROHIBITED USES

You agree not to engage or attempt to engage in harmful or potentially harmful acts directed against the Company Site or Services. For clarity, the following is a non-exhaustive list of acts deemed harmful and potentially harmful when directed against the Company Site or Services:

Violating or attempting to violate any security feature of the Company Site or Services;
Interfering or attempting to interfere with the use of FxM’s network or systems, including by spamming or introducing a virus or other malicious code;
Tampering with or modifying in any manner with the Company Site or Services; and
Engaging in “mirroring,” “framing” or otherwise simulating the appearance or function of the Company Site or Services.

You agree that violation of these Terms of Use will cause irreparable injury to FxM, our clients, partners, vendors, and/or licensors. These injuries may not be remedied at law. You agree that FxM and other injured parties can receive injunctive and other equitable relief for your breach of these Terms of Use, and that equitable remedies can be pursued by FxM or another injured party without posting bond or proving the insufficiency of monetary damages.

OWNERSHIP RIGHTS

FxM owns the Company Site and Services. The Service Content is the property of FxM and FxM’s clients, partners, vendors or licensors. We define “Service Content” to mean the content and materials on or related to the Company Site and Services, including, but not limited to, trade names, logos, trademarks, service marks, trade dress, copyrights, software, images, audio, video, photographs, forms, data, text, graphics, icons, and other information and material. The Company Site, Services, and Service Content are protected by copyrights, trademarks, trade secrets, patents and/or other intellectual property rights under applicable laws and international treaties.

You agree to certain limitations on your use of the Company Site and Services. You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell the Company Site, Services, Service Content, or information obtained from or through any of the foregoing, in whole or in part, without FxM’s express written permission.

WARRANTIES, DISCLAIMERS, INDEMNIFICATION AND RELEASE

THE COMPANY SITE AND SERVICES (INCLUDING ALL SOFTWARE ACCESSIBLE THEREFROM) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTY THAT THE COMPANY SITE OR SERVICES (A) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS.

YOU ACKNOWLEDGE AND AGREE THAT WITH RESPECT TO THE COMPANY SITE, SERVICES AND SERVICE CONTENT (INCLUDING THIRD-PARTY CONTENT), FXM SPECIFICALLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.

YOU AGREE TO ASSUME SOLE RESPONSIBILITY FOR YOUR USE OF THE COMPANY SITE, SERVICES, AND SERVICE CONTENT, INCLUDING THIRD-PARTY CONTENT. YOU AGREE THE COMPANY SITE, SERVICES AND SERVICE CONTENT ARE ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR INTERNET ACCESS, COMPUTER FUNCTIONALITY, DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH ACCESS OR USE. FXM SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE TO YOUR COMPUTER, DEVICE, SYSTEMS OR FOR ANY LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE COMPANY SITE, SERVICES, OR SERVICE CONTENT.

In no event shall FxM, or any of our officers, directors, shareholders, employees or agents be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use the Company Site or Services, or the performance or non-performance of, the Company Site or Services; (iii) unauthorized access by third parties to, or tampering with, the Company Site or Services, including tampering with transmissions; (iv) the provision or failure to provide the Company Site or Services; (v) errors or inaccuracies contained on the Company Site, Services or Service Content; (vi) any transactions entered into through the Company Site or Services; (vii) any property damage including damage to your computer system caused by viruses or other harmful components, during or on account of access to or use of the Company Site or Services; or (viii) damages otherwise arising out of the use of the Company Site, Services or Service Content. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if we or any third party has been advised of the possibility of damage. You agree to indemnify, defend and hold harmless us, our agents, clients, vendors, partners licensors and affiliates, and their respective officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this Agreement, or otherwise arising in any way out of your use of the Company Site or Services. You agree to cooperate fully with us in asserting any available defenses in connection with a claim subject to indemnification by you under this Agreement.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER OR EXCLUSION OF CERTAIN LIABILITIES, SO SOME OF THE ABOVE DISCLAIMERS OR EXCLUSIONS OR LIMITATIONS OF CERTAIN WARRANTIES MAY NOT APPLY TO YOU. IF ANY OF THE PROVISIONS OF THESE TERMS OF USE ARE HELD BY A COURT OR OTHER TRIBUNAL OF COMPETENT JURISDICTION TO BE VOID OR UNENFORCEABLE, SUCH PROVISIONS SHALL BE LIMITED OR ELIMINATED TO THE MINIMUM EXTENT NECESSARY AND REPLACED WITH A VALID PROVISION THAT BEST EMBODIES THE INTENT OF THESE TERMS OF USE AND THESE TERMS OF USE SHALL REMAIN IN FULL FORCE AND EFFECT.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

THIRD-PARTY SITES AND VENDORS

We have no responsibility for the third-party content included in the Service Content (“Third-Party Content”). We do not endorse or make any representations or warranties regarding the Third Party Content.

When you use a third-party service that is available on or through the Services, you agree to the third party’s terms and conditions. You are responsible for reviewing and understanding the privacy and other policies of the applicable third parties.

GENERAL TERMS

Information collected. The collection and use of information by the Company Site and Services are governed by our Privacy Policy . Our Privacy Policy is incorporated by reference into these Terms of Use.

You agree that these Terms of Use are a valid, binding contract between you and us. You agree that the Terms of Use comply with applicable contractual, statutory, and other legal requirements and are legally enforceable as a signed writing against you. If any portion of this Terms of Use is held invalid, you agree that such invalidity will not affect the validity of the remaining portions of the Terms of Use. No waiver by us of any breach or default of this Terms of Use will constitute a continuing waiver of the breach or default or be deemed to be a waiver of any prior or subsequent breach or default. The Terms of Use, including the Privacy Policy, represents the complete agreement between FxM and you regarding the Company Site and Services, and supersedes all prior agreements and representations between FxM and you.

JURISDICTION

You agree to binding arbitration and waive rights to participate in a class action. Any dispute relating in any way to your use of Company Site and Services shall be submitted to confidential arbitration in New York, New York, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any court of competent jurisdiction. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise, and you agree that you will not participate as a class member or class representative in any action against us.

These Terms of Use are governed by and subject to the laws of the State of New York, without regard to its conflict of laws provisions. The parties agree that any dispute between the parties that is determined not to be subject to arbitration pursuant to this section will be subject to the exclusive jurisdiction and venue of the state and federal courts in New York, New York, and the parties irrevocably and unconditionally agree to the personal jurisdiction of the federal and state courts located in New York, New York, and to waive all rights to a jury trial.

QUESTIONS AND CONTACT INFORMATION

Questions regarding these Terms of Use can be addressed to FxM at Privacy@FxM.co .