Terms of Use


By visiting this Site, you accept and agree to be bound by and comply with the terms and conditions of its use, which are described below and on other pages throughout the Site (collectively, the "Terms"). If you do not wish to abide by these Terms, please do not use the Site. The information, material and other content provided within the pages of this Site may be changed at any time without notice, and Foredestine LLC ("Foredestine") shall not be held liable for any inaccuracies or the timeliness of the information presented. Changes may also be made to the Terms at any time without notice by updating this posting. By using this Site, you hereby agree to review the Terms regularly and your continued access or use of the Site shall mean that you agree to any changes.

1. Grant of License. This Site and the information and materials available on or through the Site are provided by Foredestine as a service to its users. These Terms provide you, the user, with a personal, revocable, non-exclusive, non-transferable license to use this Site conditioned on your continued compliance with these Terms. Users may print and/or download materials and information on this Site solely for personal and non-commercial use. A user may not, however, modify, copy, broadcast, transmit, reproduce, publish, license, transfer, mirror or frame any pages, text, images or other content on this Site without Foredestine's express consent. Doing so violates Foredestine's proprietary rights.

2. Site Contents. Although Foredestine believes that the information on this Site is accurate as of the date of publication, Foredestine does not and cannot guarantee the accuracy, validity, timeliness or completeness of any information or data made available to users on this Site. This Site is subject to periodic update and revision. Materials contained on this Site should only be considered current as of the date of initial publication appearing thereon, without regard to the date on which a user may access the information.

3. Disclaimer of Warranty. The information on this Site is provided "AS IS." Foredestine does not warrant the accuracy of the materials provided herein, either expressly or impliedly, for any particular purpose, and expressly disclaims any warranties of merchantability or fitness for a particular purpose. Foredestine does not warrant that the functions contained in the service or materials on this Site will be uninterrupted or error-free, that defects will be corrected or that this Site or the servers that make it available will be free of vruses or other harmful components. We will not be responsible for any loss or damage that could result from interception by third parties of any information made available to you via this Site. Neither Foredestine nor any of its directors, officers or employees, nor any third party vendor, will be liable or have any responsibility of any kind for any loss or damage users may incur in the event of any failure or interruption of this Site, or resulting from the act or omission of any other party involved in making this Site or the data contained therein available to users, or from any other cause relating to a user's access to, inability to access, or use of the Site or these materials, whether or not the circumstances giving rise to such cause may have been within Foredestine's control or the control of any vendor providing software or service support. In no event will Foredestine or any such party be liable to any user for any direct, special, indirect, consequential, incidental damages or any other damages of any kind, even if Foredestine or any party has been advised as to the possibility thereof.

4. Ownership and Copyright. All content, materials and software posted to or used in conjunction with this Site or the products and services described herein, including, without limitation, text, graphics, logos, button icons, images, audio clips and software, are the property of Foredestine or the property of Foredestine's licensors, as the case may be, and are protected by U.S. and international copyright, trademark, service mark and other property rights and Intellectual Property Rights laws. For purposes of these Terms of Use, the term, "Intellectual Property Rights," means, collectively, rights under patent, trademark, service mark, copyright and trade secrets laws, any applications or registrations relating to such rights, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral rights and similar rights. Except to the minimum extent otherwise expressly permitted under copyright law, no copying or exploitation of material from this Site is permitted without Foredestine's express written permission and any other applicable copyright owner. You acknowledge that you do not acquire any ownership rights by virtue of downloading copyrighted material from the Site, and you may not resell any of the products or services (or any part thereof) described herein. All rights not expressly granted hereunder are expressly reserved to Foredestine and/or any applicable licensor of Foredestine, and Foredestine reserves the right to remove or disable access to any content or other materials that violate or allegedly infringe on a party's copyright or other Intellectual Property Rights.

5. Trademarks. This Site includes Foredestine's, and may include Foredestine's licensors', registered and common law trademarks and service marks. The "look and feel" of this Site is also Foredestine's and/or Foredestine's licensors', as the case may be, trademark, service mark and proprietary trade dress, including the color combinations, button shapes, layout and graphical and navigational elements on this Site. This Site may contain Foredestine's or, as applicable, Foredestine's licensors', other registered and common law trademarks and service marks in addition to those which may be indicated.

6. Access to Password Protected/Secure Areas. Access to and use of password protected and/or secure areas of this Site is restricted to authorized registered users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution. The registered user is responsible for the proper use of passwords and must take all the necessary steps to ensure that they are kept confidential and not disclosed to unauthorized individuals. A registered user must inform Foredestine immediately if such user has any reason to believe that a password has become known to a party not authorized to use it or if any password is being or is likely to be used in any unathorized way.

7. Security and Hacking. No user may violate or attempt to violate the security of this Site or any of the products or services described herein. Accordingly, you shall not: (i) access data or materials not intended for you; (ii) log into a server or account which you are not authorized to access; or (iii) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. Violation of system or network security may result in civil or criminal liability. Foredestine reserves the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer's functionality or operation which may be transferred to your computer via this Site.

8. Compliance with Laws. Users may use this Site only for lawful purposes. This Site and the products and services described herein are subject to, and you agree that you shall at all times comply with, all applicable local, state, Federal and international laws, statutes, rules, regulations, ordinances and the like applicable to the use thereof. This obligation includes, without limitation, your agreement to comply with all industry-specific regulations and rules relating to the export of technical and other data from the United States (and from your country if you are not located in the United States) and your agreement not to export or re-export any such data or any other content or materials in violation of such laws, rules or regulations without first obtaining all necessary licenses, consents and approvals therefor, as well as authorization therefor from Foredestine.

9. Regulatory Considerations. Foredestine may monitor and report data as may be necessary to meet Federal, state and other regulatory requirements, including applicable anti-money laundering statutes and regulations of the U.S. Treasury Department and any other governmental agencies. By using this Site you agree to permit Foredestine by any reasonable and appropriate means to verify that you have complied with these Terms, and you agree to cooperate fully with any such verification process.

10. Links to other Sites. Foredestine may provide links, in its sole discretion, to other sites on the World Wide Web. These sites are not necessarily checked for accuracy or otherwise reviewed by Foredestine and are maintained by third parties over which Foredestine has no control. Following links to any off-site pages or other web sites shall be at your own risk. Foredestine disclaims any responsibility for the content , the accuracy of the information, and/or the quality of the products and/or services offered through or advertised on these third party web sites. Moreover, these links do not imply an endorsement by Foredestine of any such third-party web site or any such products and/or services.

11. Additional Terms. Certain sections or pages on this Site may contain separate terms and conditions which are in addition to these Terms of Use. In the event of a conflict, the additional terms and conditions will govern with respect to such sections or pages.

12. Indemnity. You agree to defend, indemnify and hold harmless Foredestine, its third-party vendors, if any, and its and their respective affiliates, and each of its and their respective employees, agents, officers, directors, partners, representatives, shareholders, predecessors, successors and assigns, from and against any and all claims, proceedings, injuries, liabilities, costs and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from your use of the Site, any arrangements you may make based on the information available on or through the Site and any other breach by you, or on your behalf, of these Terms or other improper act or omission.

13. Term and Termination. These Terms shall take effect immediately at the time you first visit this Site, thereby affirming your acceptance of these Terms. Thereafter, each subsequent use of this Site by you shall be deemed to reaffirm your acceptance of these Terms. Foredestine reserves the right at any time and for any reason in its sole discretion, with or without notice, to deny any user access to this Site or any portion thereof.

14. Severability. If any of these Terms are deemed to be invalid or unenforceable pursuant to applicable law, including without limitation the warranty disclaimers and liability limitations set forth herein, then the invalid or unenforceable provision of these Terms will be deemed superceded by a valid, enforceable provision that most closely matches the original provision, and such superceding provision, together with the remainder of these Terms, shall remain in full force and effect.

15. Jurisdiction; Governing Law. These Terms shall be governed by and construed under the laws of the State of New York in the United States of America. This Site is operated and controlled by Foredestine from within the United States and Foredestine makes no representation that the content of this Site is appropriate or available for use in other jurisdictions. Access to this Site from any jurisdiction where any of the contents of this Site are in violation of any applicable law, rule or regulation is prohibited. Users who wish to access this Site from any such jurisdictions do so on their own volition and are responsible for compliance with applicable laws therein.

16. Reservation of Rights. Any rights not expressly granted herein are reserved.