Terms & Conditions
Last updated: January 15, 2015
By accessing this website and any pages thereof (the “Website”), you agree to be bound by the terms and conditions (“Terms”) below. If you do not agree to the Terms, do not use this Website. If you have any questions about these Terms, please contact The Focus Forward Project, Inc. (“The Focus Forward Project”, “we”, “our” or “us”) at info@thefocusforwardproject.org.
1. Intellectual Property
The Focus Forward Project, or third parties granting rights to The Focus Forward Project, holds all right, title and interest in and to the information and content on this Website. These materials, including, but not limited to, (i) the company names, logos and designs (“Trademarks”) owned by The Focus Forward Project; (ii) other trademarks appearing on the Website; and (iii) text and audio or video content, are protected by copyright, trademark and other intellectual property laws.
Except as expressly authorized herein, you have no right to copy, download, display, perform, reproduce, distribute, modify, edit, alter or enhance any of the information or content on this Website in any manner. You are expressly prohibited from using or misusing any Trademarks, except as provided in these Terms, and nothing otherwise stated or implied on the Website confers on you any license or right to do so. Unauthorized use of this Website or misuse of any information or content posted on this Website is strictly prohibited. Unauthorized use of any Trademarks, including reproduction, imitation, dilution or confusing or misleading uses, is prohibited under the trademark laws of the United States and other countries. The limited permission granted by these Terms terminates automatically, without notice to you, if you breach any of these Terms.
Without limiting the foregoing, the use of the information and content on this Website on any other website or in a networked computer environment for any purpose, or any other republication or redistribution of any such information and content, including, without limitation, framing this Website within another website, is prohibited without our express prior written permission.
2. Email
If you send us an email, please be advised that the Internet is not a secure method of transmitting information. We shall have no liability for any loss or damage that results from interception and/or unauthorized use by third parties of any information you send by email. For information regarding our use of your email address, please review our Privacy Policy, which is available here.
3. Third-Party Interaction and Links to Third-Party Websites
As a convenience for you, this Website may contain links to third-party websites that are not under our control, and third parties may link to this Website. Links to or from a third-party website, whether or not provided by us, do not imply any affiliation between us and the website owner, or an endorsement, approval, or verification by us of any information or content available on such third-party websites. We do not periodically review these third-party websites and you agree that we are not responsible or liable for the accuracy or completeness of the content on any such third-party websites. These third-party websites may have a privacy policy different from ours and such third party websites may provide less security than this Website. By providing access to other websites, we are not recommending the purchase or sale of products or services provided by the sponsoring organization of any linked website.
4. DISCLAIMER OF WARRANTIES
THIS WEBSITE AND ANY INFORMATION OR CONTENT CONTAINED IN THIS WEBSITE ARE PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS, WITHOUT ANY WARRANTY. WE, FOR OURSELVES AND ANY THIRD PARTY PROVIDING INFORMATION, SERVICES, OR CONTENT TO THIS WEBSITE, MAKE NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THIS WEBSITE INCLUDING, BUT NOT LIMITED TO, THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION, PRODUCT, SERVICE OR CONTENT CONTAINED ON THIS WEBSITE AND WE EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND CONTENT. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED. WE MAKE NO WARRANTY THAT (i) THE OPERATION OF THIS WEBSITE WILL MEET YOUR OR ANY OTHER USER'S REQUIREMENTS; (ii) ACCESS TO THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR FREE OF ERRORS; OR (iii) DEFECTS WILL BE CORRECTED. YOU (AND NOT US) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS, OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF VISITING THIS WEBSITE.
TO THE EXTENT THAT THE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, ALL CONTENT ACCESSIBLE ON THIS WEBSITE, OR ANY OTHER WEBSITE TO WHICH WE LINK, AND ALL OPERATIONS ON THIS WEBSITE ARE WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED.
5. NO LIABILITY
IN USING THIS WEBSITE, YOU SPECIFICALLY AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSSES OR EXPENSES ARISING FROM OR CONNECTED WITH THIS WEBSITE OR ANY LINKED WEBSITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF WE, OR OUR REPRESENTATIVES, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.
6. Indemnification
You agree to indemnify, hold harmless and, at our option, defend The Focus Forward Project and our officers, directors, employees, agents and representatives from any and all third-party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys’ fees and expenses) arising from your improper use of this Website, your violation of these Terms, or your infringement of any intellectual property or other right of any person or entity.
7. Terms of Use Revisions
We may modify these Terms or the information or content on this Website without notice at any time, and such modifications shall be effective immediately upon posting of the modified Terms, information or content on this Website. You agree to review these Terms periodically to be aware of such modifications and your continued access or use of this Website shall be deemed your conclusive acceptance of the modified Terms.
8. Privacy
These Terms include our Privacy Policy. Please click here for our Privacy Policy.
9. Other
These Terms shall be governed by and construed in accordance with the laws of the United States and the State of New York, without giving effect to its principles or rules of conflicts of laws to the extent such principles or rules are not mandatorily applicable by statute and would require or permit the application of the laws of another jurisdiction. You agree that any action at law or in equity arising out of or relating to your use of this Website or these Terms shall be filed only in the federal court located in the Southern District of New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
The failure of The Focus Forward Project to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
Nothing contained in these Terms limits The Focus Forward Project’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us in connection with such use.