TERMS AND CONDITIONS
(Last Updated March 25, 2003)

Please also see our acceptable use policy

IMPORTANT! THESE TERMS AND CONDITIONS (THESE "TERMS AND CONDITIONS") GOVERN THE USE OF THE FAIRFIELD YOUTH ADVOCACY, INC. (FYA) WEBSITE (THE "WEB SITE") BY YOU AND YOUR EMPLOYEES AND AGENTS (COLLECTIVELY REFERRED TO AS "YOU"). BY USING THE WEB SITE, YOU AGREE TO ALL OF THE PROVISIONS CONTAINED OR REFERRED TO IN THESE TERMS AND CONDITIONS. FYA (THE "COMPANY") RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS AT ANY TIME IN ITS SOLE DISCRETION. YOUR USE OF THE WEB SITE AFTER SUCH CHANGES ARE POSTED TO THE WEB SITE CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS AND CONDITIONS REGULARLY

1. Scope. These Terms and Conditions govern Your use of the Web site.

2. Disclaimer. You will have access to a variety of third party sources of content through the use of the Web site and the Internet. The Company has made no effort to verify the accuracy or suitability of any information contained in any such sources, including, without limitation, any other website that you can link to from the Web site. Accordingly, the Company has no liability or responsibility whatsoever for any content provided by any other Person contained on or obtained through the Web site. You acknowledge and agree that any access, use or reliance on any such third party content is at Your own risk. You understand that, except for information, products or services clearly identified as being supplied by the Company, the Company does not operate, control or endorse any information, products or services of any other Person on the Web site or the Internet in any way. You also understand and agree that the Company does not guarantee or warrant that files available for downloading from the Web site or through the Internet will be free of infection or viruses, worms, Trojan horses or other malicious code that may adversely effect You, Your computer or computer systems or Your data or files. In addition, You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data.

ACCESS TO AND YOUR USE OF THE WEB SITE AND ANY INFORMATION OR SERVICES CONTAINED THEREIN ARE PROVIDED "AS IS." THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, NATURE OR DESCRIPTION EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO YOUR USE OF THE WEB SITE OR THE CONTENT CONTAINED THEREIN, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR ARISING THROUGH COURSE OF DEALING, USAGE OR TRADE PRACTICES, AND THE COMPANY HEREBY DISCLAIMS THE SAME.

3. Limitation on Liability.

THE COMPANY, ITS LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES, EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS TO YOU OR ANY OTHER PERSON (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY) EXCEED THE AMOUNT, IF ANY, YOU HAVE PAID TO THE COMPANY TO USE THE WEB SITE AS PROVIDED IN THESE TERMS AND CONDITIONS FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

4. Indemnity. You will indemnify and hold the Company, its licensors, content providers, service providers, employees, agents, officers, directors and contractors (the "Indemnified Parties") harmless from Your breach of any of these Terms And Conditions or any other terms, conditions, policies or procedures contained on the Web site, including, without limitation, any use of Content other than as expressly authorized in these Terms and Conditions. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and You agree to indemnify and hold harmless the Indemnified Parties from any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of Your use of the information accessed from the Web site.

5. Miscellaneous.

• a. Governing Law and Jurisdiction. The validity and effect of these Terms and Conditions shall be governed by and construed and enforced in accordance with the laws of the State of Iowa, without regard to its conflicts of laws principles.

ANY SUIT, ACTION OR PROCEEDING CONCERNING THE WEB SITE, ITS USE, THESE TERMS AND CONDITIONS, OR CONCERNING ANY OTHER POLICY OR PROCEDURE OF THE COMPANY REGARDING USE OF THE WEBSITE, MUST BE BROUGHT IN A STATE OR FEDERAL COURT LOCATED IN THE STATE OF IOWA AND YOU HEREBY IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING; AND YOU IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.

• b. Entire Agreement; Amendments. These Terms and Conditions, together with the Acceptable Use Policy and the Privacy Policy, supersede any prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and these Terms and Conditions, together with the Acceptable Use Policy and the Privacy Policy, constitute the sole and entire agreement between the parties with respect to the matters covered hereby.
  
• c. Severability. The provisions of these Terms and Conditions may be exercised and are applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render these Terms and Conditions illegal, invalid or unenforceable. If any provision or portion of any provision of these Terms and Conditions are held to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions thereof shall apply with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
  
• d. Waiver. No failure or delay on the part of the Company to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by the Company preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by the Company to any breach of or default in any of these Terms and Conditions shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.