TERMS OF USE AGREEMENT

1. READ THIS:

This Terms of Use Agreement (“Agreement”) is made by and between Fortune Management, Inc., a Washington corporation (“FMI”), with a mailing address of Post Office Box 75009; Seattle, Washington 98125 and you (“you,” “your” or “User”). This Agreement contains the terms and conditions that govern your use of this Web site.

BY CLICKING THE “I AGREE” BUTTON OR BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS WEBSITE, OR OTHER FMI SOFTWARE, SERVICES, WEBSITES OR ANY OF FMI’S LICENSEES SERVICES OR SOFTWARE (COLLECTIVELY “SERVICES”), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS Web site.

 

FMI RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT IN FMI’S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERCEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE “TERMS OF USE” HYPERLINK LOCATED AT THE BOTTOM OF EVERY PAGE ON THE WEBSITE.

2. ACCESS TO THIS SITE

To access this site or some resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If FMI believes the information you provide is not correct, current, or complete, FMI has the right to refuse you access to this site or its resources, and to terminate or suspend your access.

3. RESTRICTIONS ON USE

You may use this site for purposes expressly permitted by this site. As a condition of your use of FMI’s website(s), you warrant to FMI you will not use the website(s) for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not (and may not authorize any party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyper-link to this site, without the express prior written permission of an authorized representative of FMI. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with FMI in causing any unauthorized co-branding, framing or hyper-linking immediately to cease. You may not use FMI’s website(s) in any manner which could disable, overburden, damage, or impair the website(s) or interfere with any other party’s use and enjoyment of the website(s). You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally provided or provided for through the website(s).

4. PERSONAL AND NON-COMMERCIAL USE LIMITATION

FMI’s website(s) are for your personal and non-commercial use, unless otherwise specified. You may not use this site for any other purpose, including any commercial purpose, without FMI’s express prior written consent. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products or services obtained from or otherwise connected to FMI’s websites.

 

5. PROPRIETARY INFORMATION

The material and content accessible from this site, and any other website owned, operated, licensed, or otherwise controlled by FMI (the “Content”) is the proprietary information of FMI or the party that provided or licensed the Content to FMI, whereby such providing party retains all right, title, and interest in the Content. The Content may not be copied, distributed, republished, uploaded, posted, or transmitted without the prior written consent of FMI, except you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates FMI’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.

6. HYPER-LINKS

This site may be hyper-linked to other sites which are not maintained by, or related to, FMI. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or FMI. FMI has not reviewed any or all of such sites and is not responsible for the content of those sites. FMI is not responsible for webcasting or any other form of transmission received from any hyper-linked site. Hyper-links are to be accessed at the user’s own risk, and FMI makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site. FMI provides hyper-links as a convenience, and the inclusion of any hyper-link to a third-party site does not imply endorsement by FMI of that site or any association with its operators.

7. USE OF COMMUNICATION SERVICES

FMI’s websites may contain forums, bulletin board services, chat areas, message boards, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, “Communications Services”). You agree to use the Communication Services only to post, send and receive messages and content that are proper and related to the Communication Service.

Among other actions, when using a Communication Service, you agree you will not post, send, submit, publish, or transmit in connection with this site any material that:

 

i) you do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity);

 

ii) advocates illegal activity or discusses an intent to commit an illegal act;

 

iii) is vulgar, obscene, pornographic, or indecent;

 

iv) does not pertain directly to this site;

 

v) threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;

 

vi) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;

 

vii) harvests or otherwise collects information about others, including e-mail addresses, without their consent;

 

viii) violates any law or may be considered to violate any law;

 

ix) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;

 

x) falsifies or deletes 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 permissible uploaded;

 

xi) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;

 

xii) solicits funds, advertisers or sponsors;

 

xiii) includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;

 

xiv) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act to affect the ability of other people to engage in real time activities via this site;

 

xv) includes MP3 format files;

 

xvi) amounts to a “pyramid” or other like scheme, including contests, chain letters, and surveys;

 

xvii) disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this site or any networks connected to this site; or

 

xviii) contains hyper-links to other sites that contain content that falls within the descriptions set forth above.

 

FMI reserves the right to monitor use of this site to determine compliance with these Terms of Use, and the right to remove or refuse any information. FMI reserves the right to terminate your access to any or all of the Communication Services without notice. FMI also reserves the right to disclose any information to satisfy any law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion. Materials uploaded to a Communication Service may be subject to posted limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials.

Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither FMI nor any third party that provides Content to FMI will assume or have any liability for any action or inaction by FMI or such third party with respect to any submission. FMI cautions you against giving out any identifying information about yourself or your children in any Communication Service. FMI does not control or endorse the content, messages or information found in any Communication Service and, FMI disclaims any liability regarding the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized FMI spokespersons, and their views do not necessarily reflect those of FMI.

8. SUBMISSIONS

You hereby grant to FMI the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to FMI through this site (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. FMI will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future FMI operations.

9. DISCLAIMER

You understand that FMI cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for any reconstruction of any lost data. FMI assumes no responsibility or risk for your use of the Internet.

The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by FMI.

 

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. FMI DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. FMI DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FMI DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND FMI MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT FMI, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. FMI MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and FMI undertakes no obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer accurate or complete.

10. LIMITATION ON LIABILITY

FMI, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF FMI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF FMI AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO FMI FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

11. TERMINATION OR RESTRICTION OF ACCESS

FMI reserves the right, in its sole discretion, to terminate your access to any or all of FMI’s websites and the related services or any portion thereof at any time, without notice.

12. INDEMNITY

You will indemnify and hold FMI, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

13. TRADEMARKS AND COPYRIGHTS

Trademarks, service marks, logos, and copyrighted works appearing in this site are the property of FMI or the party that provided the trademarks, services marks, logos, and copyrighted works to FMI. FMI and any party that provided trademarks, service marks, logos, and copyrighted works to FMI retain all rights with respect to their respective trademarks, service marks, logos, and copyrighted works appearing in this site.

Under Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

14. SECURITY

Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). FMI will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that FMI considers insecure, FMI will be entitled to require the password to be changed and/or terminate your account.

 

You are prohibited from using any services or facilities in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, FMI reserves the right to release your details to system administrators at other sites to assist them in resolving security incidents. FMI reserves the right to investigate suspected violations of these Terms of Use.

FMI reserves the right to fully cooperate with any law enforcement authorities or court order requesting or direction FMI to disclose the identity of anyone posting any e-mail messages or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS FMI FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY FMI DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER FMI OR LAW ENFORCEMENT AUTHORITIES.

15. PRIVACY POLICY

FMI maintains strict User confidentiality in accordance with our ethical obligations. With respect to information collected through this web site, FMI respects your individual privacy. This privacy policy documents our adherence to the highest industry standards for the protection of your personal information. The policy is effective as of April 1, 2019, applies to information collected through the site www.fortunemanagementinc.com, and covers the following areas:

  • What personally identifiable information is collected by FMI or by any third party through our site;

  • How FMI uses this information;

  • With whom FMI may share this information;

  • What choices are available to you as a user of the site with respect to collection, use and distribution of the information;

  • What types of security procedures are in place to protect the loss, misuse or alteration of information under our control; and

  • How you can correct any inaccuracies in the information.

15.1. Personal Information of Children Under 13. FMI complies with the requirements of the Children’s Online Privacy Protection Act (COPPA) and the FTC’s Rule interpreting COPPA (16 CFR § 512). This site is not directed to children and we do not knowingly collect any personally identifiable information from children under 13 years of age through this site.

15.2. Use of Your Personal Information. FMI does not sell, rent, or share site User information to or with any third party not affiliated with or owned by FMI, except that we may disclose such information to service providers who may assist us in providing services to you or in such areas as data storage. FMI will never give or sell your personal information to be used for the purposes of sending you unsolicited commercial offers (such as spam) from any third party.

15.3. Disclosure of Personal Information as Required by Law. We will disclose User personal information when required by law, or if we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on us.

15.4. Business Transitions. In the event FMI goes through a business transition, such as a merger, acquisition by another company, or sale of a portion of its assets, User information may be part of the assets transferred. Users will be notified via prominent notice on our Web site for 30 days prior to a change of ownership or control of their personal information. If, as a result of the business transition, your personally identifiable information will be used in a manner materially different from that stated at the time of collection, you will be given a choice consistent with our Notification of Changes section.

15.5. Links. This Web site may contain links to other sites. FMI is not responsible for the privacy practices or content of these other sites. We encourage you to be aware when you leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information. This privacy statement applies solely to information collected by our site.

15.6. Security. FMI takes commercially reasonable precautions to protect your information. However, given the nature of the Internet and the fact that network security measures are not infallible, we cannot guarantee the security of information submitted through the site.

We also make an effort to protect your information off-line. Access to Users’ information is restricted in our offices. Only employees who need the information to perform a specific job are granted access to personally identifiable information. Employees are kept up-to-date on our security and privacy practices. The servers that store your personally identifiable information are housed in a secure environment.

15.7. Correcting, Updating, Deleting and Deactivating Personal Information. If your personally identifiable information changes, you may contact us to correct, update or delete and deactivate our record of your personally identifiable information.

15.8. Notification of Changes. If we decide to change our privacy policy, we will prominently post a notice on the main page and other pages to alert you about the change. If the privacy policy changes materially so that we are going to use your personally identifiable information in a manner different from that stated at the time of collection, we will notify you via email and give you a choice as to whether or not we may use your information in this different manner. However, if you have deleted and deactivated your account, then you will not be contacted, and your personal information will not be used in this new manner. In addition, if we make any material changes in our privacy practices that affect User information already stored in our database, we will post a prominent notice on our website notifying Users of the change. In some cases where we post a notice, we will also email Users, who have opted to receive communications from us, notifying them of the changes in our privacy practices.

16. MISCELLANEOUS

These Terms of Use will be governed and interpreted under the laws of Washington State, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in the County of King, State of Washington in connection with any dispute between you and FMI arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use will be in the state and federal courts in Seattle, Washington.

If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and FMI as a result of this agreement or use of FMI’s websites.

These Terms of Use constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and FMI regarding FMI’s websites.

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.

Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain.

FMI may revise these Terms of Use at any time by updating this posting.

© 2019 by Fortune Management, Inc.