TERMS OF USE

Last Modified: April 10, 2022

WELCOME

This website is provided by Facility Guidelines Institute, Inc. (“FGI” or “We”). We’ve designed our website to be useful and informative, and we hope you’ll let us know how we can make it even better. All we ask in return is that you abide by the terms and conditions that follow. Please read them carefully because by using our website you agree to them.

Thanks for visiting!

ACCEPTANCE OF THE TERMS OF USE

The following terms and conditions, along with the documents that are expressly incorporated by reference (collectively, these “Terms of Use”), together with our Privacy Policy (available at: https://shop.fgiguidelines.org/privacy-policy/ (“FGI’s Privacy Policy”) and incorporated herein by reference), govern your access to and use of https://fgiguidelines.org/, https://shop.fgiguidelines.org/, and https://fgiguidelines.net/, including any content, functionality, and services offered on or through https://fgiguidelines.org/, https://shop.fgiguidelines.org/, and https://fgiguidelines.net/ (collectively, the “Websites”) (but not the FGI Guidelines and other content that is licensed by FGI for a fee pursuant to our standard End User License Agreement). These Terms of Use are entered into by and between you and FGI.

Please read these Terms of Use carefully before you use the Websites. By using the Websites or by entering into any documents that expressly incorporate these Terms of Use by reference, you accept and agree to be bound by these Terms of Use and FGI’s Privacy Policy. If you do not agree to these Terms of Use or FGI’s Privacy Policy, you must not access or use the Websites or enter into any such documents.

If you reside in a jurisdiction which restricts the use of online websites or applications according to age, or which restricts the ability to enter into agreements such as these Terms of Use according to age, and you fall within such age limit, you may not enter into these Terms of Use, use the Websites, or enter into any such agreements. By using the Websites you are explicitly agreeing that your use of the Websites and entering into these Terms of Use are allowed in your jurisdiction.

OUR WEBSITES

Unless otherwise specified, the material on our Websites is intended to provide information about FGI and its products, and you may use the Websites to obtain such information. The Websites, their entire contents, features, and functionality (including, without limitation, the brand names, slogans, and other trademarks and promotions displayed on the Websites) are owned exclusively by FGI and its affiliates (or their licensors) and may not be used in connection with any product or service in any manner that is likely to cause confusion or in any manner that disparages or discredits FGI. You do not have any right to use any intellectual property displayed on the Websites without our prior written permission.

Unless otherwise specifically indicated, all content on the Websites, including the collection, arrangement, assembly and presentation of pages and all logos, text, images and feeds are the property of FGI and are protected by United States copyright laws and international copyright laws and treaty provisions. Except as provided in these Terms of Use, none of the material provided on the Websites may be copied, distributed, republished, reproduced, downloaded, displayed, or transmitted in any form for commercial use without our prior written permission.

To request permission to reprint or reuse information from the Websites, contact us. Please send written requests describing the intended use, timeframe, and contact information to info@fgiguidelines.org.

FGI strives to provide informative, timely, accurate material on our Websites. However, the information provided should not take the place of professional guidance or advice. FGI and others who provide information posted on the Websites are not responsible for errors or omissions in the information provided or any actions that result from use of such information. Corrections and additions to the content on the Websites are made when necessary and as time permits.

IF YOU SUBMIT MATERIAL TO US OR INCLUDE INFORMATION WITHIN ANY WEBSITES FUNCTIONALITY…

All remarks, suggestions, ideas or other information that you communicate to FGI through the Websites, including any live chat functionality, becomes and remains our property. This means that…

We don’t have to treat any such submission as confidential.
You can’t sue us for using the ideas you submit (including, but not limited to, product or advertising ideas).
We will have exclusive ownership of all present and future rights to all submissions.
If we use them, or anything like them, for any purpose, we don’t have to pay you.

You acknowledge that you (and not FGI) have full responsibility for any submission you make, including the message, its legality, reliability, appropriateness, originality and copyright.

PROHIBITED USES

You may use the Websites, including, without limitation, its live chat feature, only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Websites:

In any way that violates applicable federal, state, local, or international law or regulation.
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate any other person or entity, including but not limited to, FGI, an FGI employee, or another user (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Websites, or which, as determined by us, may harm the FGI or other users of the Websites, or expose them to any liability.

Additionally, you agree not to:

Use the Websites or their features in any manner that could disable, overburden, damage, or impair the Websites or interfere with any other person’s use of the Websites.
Use any robot, spider, or other automatic device, process, or means to access the Websites for any purpose, including monitoring or copying any of the material on the Websites.
Use any manual process to monitor or copy any of the material on the Websites, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Websites.
Introduce any viruses, Trojan horses, worms, logic bombs, ransomware or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Websites, the server on which the Websites are stored, or any server, computer, or database connected to the Websites.
Attack the Websites via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Websites.

You will not include in the Websites or any functionality of the Websites, and agree not to use the Websites or any functionality of the Websites, including the live chat functionality, to send, knowingly receive, upload, download, use, or re-use, any material that:

Contains any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringes any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violates the legal rights (including the rights of publicity and privacy) of others or contains any material that could give rise to any civil or criminal liability under applicable laws or regulations.
Is likely to deceive any person.
Promotes any illegal activity, or advocates, promotes, or assists any unlawful act.
Causes annoyance, inconvenience, or needless anxiety or is likely to upset, embarrass, alarm, or annoy any other person.
Impersonates any person, or misrepresents your identity or affiliation with any person or organization.
Involves commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Gives the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

MONITORING AND ENFORCEMENT; TERMINATION

We have the right to:

Monitor your use of the Websites for any purpose in our sole discretion and as we see fit.
Disclose your identity or other information about you to any third party who claims that material submitted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Websites.
Terminate or suspend your access to all or part of the Websites for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone submitting any materials on or through the Websites. YOU WAIVE AND HOLD HARMLESS FGI AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

USER REGISTRATION

You may be required to register with the Websites. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Websites or portions of them using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

PRODUCTS

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Websites. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

PURCHASES AND PAYMENT

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Websites. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. You acknowledge and agree that certain purchases will be made pursuant to different and/or supplemental terms from those contains herein, including, without limitation, our standard end user license agreement terms.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Websites. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, per organization or agency, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

RETURN/REFUNDS POLICY

FGI does not permit returns. Exchanges are permitted in the following circumstances:

Paperback books may be exchanged, provided the purchaser returns them to the appropriate location in excellent and re-sellable condition and complies with any other processes and conditions set forth by FGI.
Digital books may be exchanged provided the purchaser complies with the processes and conditions set forth by FGI.

MOBILE APPLICATION LICENSE

Use License

If you access the Websites or FGI’s content and services via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Websites or FGI’s content and services: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.

LIMITATION ON THESE TERMS OF USE

Any limitations of these Terms of Use are applied only as broad and inclusive as is permitted by law in the State of Missouri or any other state that restricts disclaimers, limitations of liability and/or remedies, and similar provisions.

DISCLAIMER OF WARRANTIES

The Websites and materials on our Websites are provided “AS IS” and “AS AVAILABLE.” Your use of the Websites is at your own risk. This means that we disclaim all express and implied warranties about the Websites and the materials on the Websites, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

We make no warranties that:

The materials on the Websites are up to date or complete;
The Websites will be uninterrupted or error-free; or
Our Websites or the servers that make them available are free of viruses or other harmful components.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Websites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

In certain states, the law may not allow us to disclaim or exclude warranties, so the above disclaimer may not apply to you.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL FGI, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct or death or bodily injury caused by products you purchase through the site.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

THIRD-PARTY WEBSITES

The Websites sometimes provides links to other websites operated by third parties. We don’t endorse or approve any products or information offered at websites you reach through our Websites. If you decide to access any of the third-party websites linked to the Websites, you do so entirely at your own risk. Check the Uniform Resource Locator (URL) address provided in your browser to see if you are still viewing a website operated by FGI or if you have moved to another website. Your use of any linked website is subject to the Terms of Use and privacy policy imposed by the operator of the linked website.

GEOGRAPHIC RESTRICTIONS

We provide the Websites for use only by persons located in the United States. We make no claims that the Websites or any of their content is accessible or appropriate outside of the United States. Access to the Websites may not be legal by certain persons or in certain countries. If you access the Websites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. All matters relating to the Websites and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Missouri without giving effect to any choice or conflict of law provision or rule (whether of the State of Missouri or any other jurisdiction).

CLASS ACTION WAIVER / VENUE

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

You agree that you will resolve any disputes or claims with FGI on an individual basis, and that any claims arising out of or in connection with the Websites and/or these Terms of Use will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. You further agree not to participate in any consolidated, class or representative proceeding brought by any third party arising out of or in connection with the Websites and/or these Terms of Use.

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Websites shall be instituted exclusively in the federal courts sitting in the Eastern District of Missouri, unless no federal subject matter jurisdiction exists, in which case you consent to exclusive jurisdiction and venue in the state courts sitting in St. Louis County, Missouri. You hereby irrevocably waive, to the fullest extent permitted by applicable law, any objection which you may now or hereafter have to the laying of venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless FGI, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Websites, including, but not limited to, any use of the Websites’ content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Websites.

MODIFICATIONS TO THE WEBSITES AND TERMS OF USE

We are entitled to terminate or modify all or a portion of the Websites at any time, without notice to you.

It is our policy to post any changes we make to these Terms of Use on this page. The date the Terms of Use were last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting the Websites and these Terms of Use to check for any changes.

MISCELLANEOUS

If any provision of these Terms of Use is unlawful, void or unenforceable, then the unlawful, void or unenforceable provision shall be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision and the remaining sections of the Terms of Use shall remain in full force and effect.

No waiver by us of any provision set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term of condition, and any failure of us to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

These Terms of Use and FGI’s Privacy Policy constitute the sole and entire agreement between you and FGI regarding the Websites and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Websites.

CONTACT US

To ask questions or comment about these Terms of Use or the Websites, contact us:

By mail at PO Box 60628, Florence, MA 01062.

By email at info@fgiguidelines.org.