BY USING THE SOFTWARE OR INTERNET SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND SUCH OTHER USER POLICIES AS FOREVER AND A DAY NORTH AMERICA OR ITS SUPPORTING PARTNERS AND SUPPLIERS MAY ESTABLISH FROM TIME TO TIME (collectively, the “Agreement”). IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT YOU MAY NOT ACCESS OR USE THE SOFTWARE OR SERVICES, AND SHOULD EXIT THE SIGNUP PROCESS (ONLINE SIGNUPS). FOREVER AND A DAY NORTH AMERICA (“F&AD”), in conjunction with its partners and suppliers, provides the software and services available at foreverandaday.com and its affiliate sites (“the Software and Services”). F&AD covenants and agrees that the Software and Services provided to you under this Agreement will comply with F&AD's policies and guidelines on Internet usage (the “Policies and Guidelines”) which were provided to you when you became an F&AD associate, which are hereby incorporated by reference. Your compliance with this Agreement is required for continued use.
1. Software and Services
1.1 The Software and Services include: one Website with hosting services on foreverandaday.com with one electronic mail address alias, which will be forwarded to a primary email address; use of software for customization of such website, and e-mail.
1.2. Any and all identification assigned to you by F&AD or its partners or suppliers (including, but not limited to, internet addresses, user names and e-mail addresses) are and will remain the property of F&AD and may be altered, replaced or discontinued at any time at the sole discretion of F&AD.
2. Registration
2.1. You agree to provide accurate and complete registration information including your full name, address, and telephone number. All changes to this information must be reported within 30 days of the change. Reporting of such changes must be made by using the Billing Information section of the Services.
Registration and other information about you are subject to F&AD’s privacy policy and shall only be used in accordance with that policy. For more information, please go to the F&AD Privacy Statement.
2.2 By accepting the terms and conditions of this Agreement, you also represent and warrant that you are 18 years of age or older and that if you have accepted the terms and conditions of this Agreement on behalf of any business (such as a corporation, partnership, limited liability company or other organization) or other entity, you represent and warrant that you have legal authority to do so.
3. Use of the Service
3.1. You acknowledge and agree that the Software and Service are authorized by F&AD for use by its Independent Associates to promote F&AD to prospective customers and to communicate with and train their downline via a permanent Internet website. You agree to abide by the Policies and Guidelines and that your violation of the Policies and Guidelines will constitute a violation of this agreement. You acknowledge and agree that F&AD may remove your website at any time if F&AD determines that your site is not in compliance with F&AD’s requirements or the Policies and Guidelines.
3.2. F&AD authorizes only you to access the Software and Services. If you permit others to use the Software and Services, you do so at your own risk. You are responsible for ensuring that any such users comply with this Agreement, and the Policies and Guidelines, and agree and acknowledge that their violations will be held against you.
3.3. You are responsible for maintaining the confidentiality of your passwords.
3.4. You agree that F&AD, as the provider of the Software and Services, may act as your agent and take action to maintain compliance with this Agreement, including requesting third parties to take various actions to ensure such compliance. You agree that F&AD and its Associates, officers, directors, employees, agents, partners, and suppliers shall not be liable for any lost fees, unused or unrealized advertising, lost profit or any other damages resulting from taking any action under this clause.
3.5. Users are prohibited from exhibiting, using or transmitting on or through any of the Software and Services, any material that is, in F&AD’s sole discretion, unlawful, obscene, offensive, improper or inconsistent with the image of F&AD. Exhibition, transmission, distribution, or storage of any information, data or material in violation of United States or state law or regulation, or by the common law, is prohibited. This includes, but is not limited to, material protected by patent, copyright, trademark, trade secret, or other statute. F&AD reserves the right to monitor your website and data for such material, and to remove such material without notice and/or to terminate or suspend your account without notice, at their sole discretion.
3.6. The Software and Services may also permit downloading of images, audio, patches, software (executable) or other files. The ownership of such material remains with the owner thereof, and further transmission, copying or dissemination without written permission of the owner is prohibited and grounds for immediate termination of your account without notice.
3.7. The Software and Services may also permit the uploading or posting of messages, images, audio, patches, software (executable) or other material. By posting or uploading such material you represent and warrant that such files are free of any claims by a third party, and agree to defend and indemnify F&AD and its officers, directors, employees, agents, partners and suppliers against any claims arising from such posting or uploading, and the resultant download, copying or other transmission of such files.
3.8. You agree that use of the Software and Services to degrade or circumvent the security measures of the Website or any other system is strictly prohibited. Use of the Software and Services in a manner which degrades system performance (such as by storing unusually large amounts of data) is prohibited.
3.9. The privacy of our customers is a controlling interest. You agree that F&AD reserves the right to terminate, without notice, your account if your actions, in F&AD’s sole discretion, serve to remove or degrade the privacy of customer data or the security of customer transactions, and to take other necessary steps to repair damage done or attempted. Profiling or other monitoring of site visitor activity is prohibited unless conducted by Net or under an F&AD authorized program. You specifically agree to abide by, and maintain customer information in accordance with, the most recent revision of the Policies and Guidelines.
3.10. The Software and Services may include, or link to, customer and/or user order or other transaction capabilities. You agree that any modifications, alterations, or abuses of the Software and Services through your account which impair, degrade, alter, falsify, monitor or transmit such transactions or relevant data associated therewith may result in immediate termination, without notice, of your account.
3.11. The Software and Services may include electronic mail (e-mail) capabilities. The transmission of e-mail may be subject to various federal and state laws or regulations. This includes, but is not limited to, unsolicited e-mailings, mass e-mailing, very large e-mailing, e-mails containing offensive or otherwise inappropriate material, e-mails containing forged or misleading headers or subject lines, or e-mails with default materials removed. You agree that any recipient of e-mails via the Software and Services whom requests no further e-mails, in any manner made reasonably known to you, MUST be removed from your e-mail address list or otherwise blocked from receiving further e-mails via the Software and Services. Violation is cause for immediate suspension or termination of your account without notice.
3.12. Use of certain features may cause data you enter to be stored on equipment operated by F&AD and/or its partners and suppliers. As this information relates to the sales activities of F&AD products, you agree that F&AD has a controlling interest in such data. While you may use such data to further the interests of F&AD or affiliated companies, you may not sell, license, rent or otherwise gain from such data except as authorized in writing by F&AD.
3.13. Except for the Software and Services, you are responsible for providing and maintaining all equipment and other software necessary to access the Software and Services.
3.14. USE OF YOUR SUBSCRIPTION NUMBER - You shall be responsible for all use of your subscription Username and Password (your “Number”) and shall notify F&AD immediately of any unauthorized use of your Number or if you believe that the Number may have been lost or stolen. You shall continue to be responsible for all use of your Number until you provide F&AD with written notice to the contrary. You agree to indemnify F&AD and hold F&AD harmless from and against any claim, loss, or liability arising from the violation of this Agreement by you or by anyone using your account, including, but not limited to, copyright infringement, privacy or proprietary rights.
3.15. F&AD’S COPYRIGHT, TRADEMARK, AND EXCLUSIVE PROPERTY - F&AD, FOREVER AND A DAY, and foreverandaday.com are trademarks of FOREVER AND A DAY NORTH AMERICA. The use of such trademarks or the information contained in the F&AD site, without the express written consent of F&AD, is strictly prohibited and is protected by copyright and other intellectual property laws. You agree not to reproduce, redistribute, retransmit, broadcast or circulate the information received through the site, except that the information may be downloaded or printed for personal noncommercial use.
3.16. PRIVACY - F&AD recognizes the value of your privacy. We do not sell customer lists or e-mail lists to anyone.
3.17. INFORMATION UPDATES – F&AD has made every effort to ensure the accuracy of the information presented and collected on foreverandaday.com, but we are not responsible for input errors or technical problems. Should this web site or the corresponding database contain any inaccuracies, F&AD in its sole discretion reserves the right to correct, change or update information at any time without obligation or liability to anyone for damages, including incidental and consequential damages.
4. No Warranties
4.1. USER HEREBY ACKNOWLEDGES AND AGREES THAT THE SOFTWARE AND SERVICES ARE BEING PROVIDED TO USER "AS IS, WITH ALL FAULTS," AND THAT NEITHER NOR ITS PARTNERS OR SUPPLIERS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, AS TO THE USEFULNESS, ACCURACY, COMPLETENESS, FEASIBILITY, RELIABILITY OR EFFECTIVENESS OF THE SOFTWARE OR SERVICE OR THAT THE OPERATION OF THE SOFTWARE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
4.2. WITHOUT LIMITING THE FOREGOING, OR ITS PARTNERS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES OF TITLE, NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION WITH THE SOFTWARE AND SERVICE.
4.3. IN NO EVENT SHALL F&AD AND ITS PARTNERS BE LIABLE TO ANY USER FOR ANY FAILURE, DISRUPTION, DOWNTIME, INTERRUPTION, MISCALCULATION, INCORRECT LINKAGE, LOSS OF DATA, DELAY, INACCURACY OR OTHER NONPERFORMANCE OF THE SOFTWARE OR SERVICE OR FOR ANY OTHER LOSS OR DAMAGE ARISING DIRECTLY OR INDIRECTLY FROM USE OF THE SOFTWARE OR SERVICE.
4.4. USER AGREES THAT REGARDLESS OF THE FORM OF ANY CLAIM, USER'S SOLE REMEDY AND F&AD’S SOLE OBLIGATION WITH RESPECT TO ANY CLAIMS MADE OR RELATED TO OR ARISING OUT OF THIS AGREEMENT SHALL BE GOVERNED BY THIS AGREEMENT, AND IN ALL CASES USER'S REMEDIES SHALL BE LIMITED SPECIFICALLY TO REIMBURSEMENT OF PAYMENTS MADE FOR THE SERVICES RENDERED UNDER THIS AGREEMENT. IN NO EVENT SHALL F&AD OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE PERFORMANCE OF THIS AGREEMENT OR THE SOFTWARE AND SERVICES ON BEHALF OF F&AD, INCLUDING ITS EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS, OR SUBCONTRACTORS, BE LIABLE FOR ANY OF THE FOLLOWING: (A) DAMAGES RESULTING FROM A THIRD PARTY UNLAWFULLY ENTERING THE SUPPORTING WEB SERVER OR ON-LINE SYSTEM AND ACCESSING, ALTERING, OR DESTROYING DATA; (B) DAMAGES RESULTING FROM THE INACCURACY OF USER'S WEBSITE OR OF MATERIAL PROVIDED BY USER; (C) CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR ANY OTHER LEGAL THEORY, WHETHER IN TORT OR CONTRACT, EVEN IF FOREVER AND A DAY NORTH AMERICA HAS BEEN APPRISED ON THE LIKELIHOOD OF SUCH DAMAGES OCCURRING, INCLUDING WITHOUT LIMITATION DAMAGES FROM LOSS OF PROFITS OR BUSINESS OPPORTUNITIES, LOSS OF DATA, LOSSES CAUSED BY DELAY, LOSSES CAUSED BY THE FAILURE OF F&AD'S COMPUTERS OR THOSE OF THIRD PARTIES THROUGH WHOM F&AD IS OFFERING SERVICE, OR LOSSES FROM INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET/WORLD WIDE WEB OR THIRD PARTY TELECOMMUNICATION SERVICES.
4.5. F&AD MAY TAKE THE SERVICE OFF THE INTERNET FOR REPAIRS, UPGRADES OR ROUTINE MAINTENANCE WITHOUT ANY LIABILITY TO USER OR ANY THIRD PARTY.
5. Indemnity
You agree to defend, indemnify, and hold F&AD and its directors, officers, employees, agents, partners and suppliers harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to or arising from: any violation of this Agreement by you or those who access the Software and Services through your account; and, the use of the Software and Services or the Internet and the placement or transmission of any message, information, software, or other materials on the Internet by you or by those who have access to the Software and Services through your account.
6. Termination of Agreement
6.1. F&AD may terminate this Agreement at any time with or without cause, including violation of this Agreement.
6.2. Upon termination of this Agreement all rights granted to you under this Agreement shall immediately cease and terminate.
6.3. Termination of this Agreement does not release you from any obligation to pay all accrued charges under this Agreement.
6.4. F&AD’s right to enforce the provisions of Sections 1 and 2-7 shall survive termination of this Agreement.
6.5. If you wish to terminate this Agreement, you must email to tellmemore@foreverandaday.com (or such other number as listed in the About Us section of the Service). The email message must include the following information: 1. Your first and last name 2. Your User Name 3. A written statement requesting that your foreverandaday.com membership be cancelled. This information is needed in writing in order to make any cancellation to a site. Once received, please allow 5-7 working days to process the cancellation. You will be notified via e-mail when cancellation is complete.
7. Miscellaneous
7.1. F&AD may provide notice to you by electronic mail addressed to your e-mail account under the Service, or by U.S. Mail or courier service to the current address provided for communication purposes, at the option of F&AD. General notices may also be posted via the Software and Services.
7.2. Failure of F&AD to enforce strict performance of any provision of this Agreement shall not be construed as a waiver.
7.3. This Agreement shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to its conflicts of law provisions. Any cause of action you may have with respect to the Software or Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. The exclusive forum for the resolution of any dispute relating to the terms and conditions of this Agreement shall be the state and federal courts in Los Angeles, California, USA, and you agree to personal jurisdiction of such courts over you with regard to any dispute relating to the terms and conditions of this Agreement, and agree to service of process on you by e-mail to the address you have submitted to F&AD, or by any other means deemed reasonable by F&AD.
7.4. This Agreement constitutes the entire agreement between you and F&AD with respect to the Software and Service.
7.5. F&AD reserves the right to alter, amend or modify this Agreement at any time upon thirty (30) days notice. No amendment or modification to this Agreement by you shall be valid or binding on F&AD unless made in writing and signed by both parties.
7.6 If any provision of the terms and conditions of this Agreement are found to be invalid by any court having competent jurisdiction, the invalidity of that provision shall not affect the validity of the remaining provisions of is Agreement, which shall remain in full force and effect.
7.7 Headings in the terms and conditions of this Agreement are for convenience only and shall have no legal meaning or effect.
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