Please read this agreement (“Agreement”) carefully before accessing or using the Forté Web site at www.theforteinstitute.com (the “Site”). By accessing or using the Site, You agree to be bound by this Agreement and, if you use our online software, the Application Service and Software License Agreement. Forté provides the information and services on this Site to you, the user, conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of the Site constitutes your agreement to all such terms, conditions and notices.
The information and services offered on the Site are provided with the understanding that neither Forté nor its representatives are engaged in rendering legal services or other such advice. Your use of the Site is subject to the additional disclaimers and notices that may appear throughout the Site.
Forté and its representatives assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, services or other material on this Site. While Forté strives to keep the information on this Site accurate, complete and up-to-date, Forté and its representatives cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information.
Personal and Noncommercial Use Limitation: Prohibited Uses
We may provide communications, team building and performance services (the “Services”). Forté grants You access to the Site during the term of this agreement solely to receive the Services. You may access, download, and print materials as necessary to receive the Services. You may not license, copy, distribute, create derivative works from, frame in another Web page, use on any other Web site, or sell any information, databases or lists obtained from the Site. When requested, you agree to provide true, accurate and complete user information. You shall not access or attempt to access password protected, secure or non-public areas of the Web site without Forté’s prior written permission You will comply with all privacy laws.
All materials on this Site (as well as the organization and layout of the Site) are owned and copyrighted, licensed by, or used with permission that is granted to Forté. No reproduction, distribution, or transmission of the copyrighted materials at this Site is permitted without the prior written permission of Forté.
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If your status as a user of the Site is terminated, you will (i) cease using the Site and any information obtained from the site, and (ii) destroy all copies of your account information, password and any information obtained from the Site.
No Unlawful or Prohibited Use
As a condition of your use of this Site, you warrant to Forté that you will not use this Site for any purpose that is unlawful or prohibited by these terms. If you violate any of these terms, your permission to use the Site automatically terminates.
You may not without the prior written permission of Forté use any computer code, data mining software, “robot,” “bot,” “spider,” “scraper” or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this site or accessed through this site.
If you are under the age of 13, you may not use this Site.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES OFFERED AT THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FORTÉ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FORTÉ SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO ON THE SITE OR THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SITE OR THE SERVICES. IN NO EVENT WILL OUR MAXIMUM LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO US FOR THE SUBJECT SERVICES OR $100, WHICHEVER IS GREATER.
Links to Third Party Sites
Links to Our Site
Use of Submissions
You grant us the right to use, reproduce, modify, distribute, and display any material you supply or communicate to the Site for the stated purposes of this Agreement and to authorize others to do so.
Forté may offer the opportunity for you to contribute your ideas, comments, questions and other communications to or from the Site (the “User Content”) in message boards, chat rooms, e-mail and other features of the Site (“User Input Rooms”) that may be offered from time to time and may be operated by Forté or by a third party. You shall not (nor cause any third party to) use the Site to perform any illegal activities (including without limitation defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights – such as rights of privacy -of others) or immoral activities or any of the following types of activities, without limitation:
- transmitting information that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- transmitting any material that contains software viruses, trojan horses, worms, time bombs, cancelbots, or any other computer code, files, or programs which may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- impersonating anyone or any entity, falsely stating or otherwise misrepresenting your affiliation with a person or entity;
- advertising or commercial content;
- interfering with or disrupting the Site;
- disrupting the activities or enjoyment of the Site for other users; or
- collecting, or storing personal data about other users.
You agree to abide by all applicable local, state and federal laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including without limitation any of the User Content created by you. You acknowledge that user content is not endorsed by Forté and such user content should not be considered to have been reviewed, screened or approved by Forté. You should exercise discretion before relying on information contained in user content. You agree to evaluate, and assume all risks associated with the use of any user content, including without limitation any risk relating to any reliance on the accuracy, completeness, or usefulness of such user content. Forté assumes no responsibility for the information contained in user content. You agree that Forté, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Site, and remove any User Content from a User Input Room offered by Forté, at any time and for any or no reason. You agree that Forté shall not be liable to you or any third party for any termination of your access to the Site or deletion of any User Content on the Site.
You acknowledge and agree that Forté may preserve and disclose User Content if required to do so by law or if Forté believes in good faith that such preservation or disclosure is reasonably necessary to comply with legal process, enforce this Agreement, respond to a claim that User Content violates any third party’s rights, or protect the right, property or personal safety of Forté, any users of the Site, and the public. You also acknowledge that the technical processing and transmission of the Site, including without limitation User Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
Changes to Site
Forté may make improvements or changes in the information, services, products, and other materials on this Site, or terminate this Site at any time. Forté may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review the Agreement periodically, and your continued access or use of this Site shall be deemed your acceptance of the modified Agreement.
This site is intended to and directed to residents of the United States and all advertising claims contained in this site are valid only in the United States. This Agreement and the resolution of any dispute related to this Agreement or this Site shall be governed by and construed in accordance with the laws of North Carolina, without giving effect to any principles of conflicts of law. Failure by Forté to insist upon strict enforcement of any provision of this Agreement shall not be construed as a waiver of any provision or right. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Any legal action or proceeding between Forté and you related to this Agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the State of North Carolina. If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term.
The Forté Institute and other logos, product and service names are trademarks and service marks owned by or licensed to Forté or its affiliates (the “Marks”). Without the prior written permission of Forté, or its appropriate affiliates, you agree not to display or use in any manner, the Marks.
All other trademarks are the property of their respective owners.
Copyright © 1977-2012 C.D. Morgan, III, Copyright © 1986-2012 The Forté Institute®, LLC. All rights reserved.
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