Customer AgreementWhen you open an account with Forecast Foundation, you also will be subject to any Customer Agreement or other similar agreement governing your use of our services.
Electronic CommunicationsVisiting the Forecast Foundation Site or sending emails to the Forecast Foundation constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on Forecast Foundation Site, satisfy any legal requirement that such communications be in writing.
Your AccountIf 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. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Forecast Foundation is not responsible for third party access to your account that results from theft or misappropriation of your account. Forecast Foundation and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Forecast Foundation does not knowingly collect, either online or offline, personal information from persons under the age of eighteen. If you are under 18, you may use the Forecast Foundation Site and enter into a Customer Agreement only with permission of a parent or guardian.
Third Party ServicesThe Forecast Foundation Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Forecast Foundation and Forecast Foundation is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Forecast Foundation is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Forecast Foundation of the site or any association with its operators.
Certain services made available via Forecast Foundation Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Forecast Foundation Site domain, you hereby acknowledge and consent that Forecast Foundation may share such information and data with any third party with whom Forecast Foundation has a contractual relationship to provide the requested product, service or functionality on behalf of Forecast Foundation Site users and customers.
All content included on the Forecast Foundation Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Forecast Foundation Site, is the property of Forecast Foundation or its suppliers and protected by copyright, Trademark and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Forecast Foundation Site. Forecast Foundation content is not for resale. Your use of the Forecast Foundation Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Forecast Foundation and the copyright owner. You agree that you do not acquire any ownership rights in any protected content.
Unless otherwise indicated, all Forecast Foundation content is the property of the Forecast Foundation or third-party licensors and, subject to the terms and conditions of these Terms, is licensed to you under the terms of the MIT License. (currently available at: http://opensource.org/licenses/mit-license.php). By downloading or otherwise accessing such Forecast Foundation content, you agree to comply with all the terms of the MIT license.
Communication ServicesThe Forecast Foundation Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Forecast Foundation has no obligation to monitor the Communication Services. However, Forecast Foundation reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Forecast Foundation reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Forecast Foundation reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Forecast Foundation's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Forecast Foundation does not control or endorse the content, messages or information found in any Communication Service and, therefore, Forecast Foundation specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
MaterialsForecast Foundation does not immediately claim ownership of the materials you provide to Forecast Foundation Site (including feedback and suggestions) or post, upload, input or submit to any Forecast Foundation Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Forecast Foundation, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Forecast Foundation is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Forecast Foundation's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Third Party AccountsWe may permit you, from time to time, to connect your Forecast Foundation account to third party services or accounts. By connecting your Forecast Foundation account to a third party services or accounts, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International UsersYou agree that you will not use Forecast Foundation content accessed through the Forecast Foundation Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
IndemnificationYou agree to indemnify, defend and hold harmless Forecast Foundation, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Forecast Foundation reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Forecast Foundation in asserting any available defenses.
Disclaimer of Certain LiabilitiesTHE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE FORECAST FOUNDATION SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FORECAST FOUNDATION AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE FORECAST FOUNDATION SITE AT ANY TIME.
FORECAST FOUNDATION AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE FORECAST FOUNDATION SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. FORECAST FOUNDATION AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FORECAST FOUNDATION AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FORECAST FOUNDATION OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/access restrictionForecast Foundation reserves the right, in its sole discretion, to terminate your access to the Forecast Foundation Site and its related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York, and you hereby consent to the exclusive jurisdiction and venue of courts within the State of New York. In all disputes arising out of or relating to the use of the Forecast Foundation Site. Use of the Forecast Foundation Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Forecast Foundation as a result of this agreement or use of the Forecast Foundation Site. Forecast Foundation's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Forecast Foundation's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Forecast Foundation with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Forecast Foundation with respect to the Forecast Foundation Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Forecast Foundation with respect to the Forecast Foundation Site, except for any Customer Agreement into which you enter with Forecast Foundation. In the case of any conflict, the terms of that Customer Agreement will control. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Claims of Copyright InfringementIf you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Forecast Foundation that your copyrighted material has been infringed.
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;• A description of the copyrighted work that you claim has been infringed upon;• A description of where the material that you claim is infringing is located on the Site;• Your address, telephone number, and e-mail address;• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Forecast Foundation’s Copyright Agent for notice of claims of copyright infringement can be reached at the addresses listed in the “Contact Us” section below.
Reviews and CommentsWe may, from time to time, permit you or other visitors to post reviews, comments and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Forecast Foundation reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
Changes to TermsForecast Foundation reserves the right, in its sole discretion, to change the Terms under which Forecast Foundation Site is offered. The most current version of the Terms will supersede all previous versions. Forecast Foundation encourages you to periodically review the Terms to stay informed of our updates.
Contact UsForecast Foundation welcomes your questions or comments regarding the Terms via email at email@example.com
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