Terms and Conditions of Use

foActive's web sites and any Company Information is available to you only to learn about, evaluate, or purchase foActive's products and services. You may use the foActive web sites and any Company Information only for personal, non-commercial purposes. Except in connection with your authorized use of the foActive web sites, you may not copy, modify, display, license, distribute, transmit, or download the Company Information without foActive's written consent. If you do not agree to these terms, do not use this web site.

foActive's web sites may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this foActive web site may contain technical inaccuracies or typographical errors.

Information may be changed or updated without notice. foActive may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.

foActive assumes no responsibility regarding the accuracy of the information that is provided by foActive and use of such information is at the recipient's own risk. foActive provides no assurances that any reported problems may be resolved with the use of any information that foActive provides. By furnishing information, foActive does not grant any licenses to any copyrights, patents or any other intellectual property rights.

foActive does not want to receive confidential or proprietary information from you through our Web site. Please note that any information or material sent to foActive will be deemed NOT to be confidential. By sending foActive any information or material, you grant foActive an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that foActive is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law. You can learn more about foActive privacy practices on the Web.

Limited License

foActive hereby authorizes you to copy materials published by foActive on this Web Site solely for non-commercial use within your organization (or if you are a foActive Partner, your customer's organization) in support of foActive products. No other use of the information is authorized. In consideration of this authorization, you agree that any copy of these materials which you make shall retain all copyright and other proprietary notices in the same form and manner as on the original. Except as specified above, nothing contained herein shall be construed as conferring by implication, or otherwise any license or right under any patent, trademark or copyright of foActive or any third party.

ALL CONTENTS ON THIS SITE ARE PROTECTED BY COPYRIGHT. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION ON THIS WEB SITE MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM foActive. VISITORS OR USERS ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON THIS SITE FOR ANY PUBLIC OR COMMERCIAL PURPOSES.

Compliance With Applicable Laws; Export Control Laws

User access to this Web Site is governed by all applicable federal, state and local laws. All information available on the Web Site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside.

All foActive products and publications are commercial in nature. Use duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7015 and FAR 52.227-19.

Trademarks

The trademarks, logos and service marks ("Marks") displayed on this Web Site are the property of foActive or other third parties. Users are not permitted to use these Marks without the prior written consent of foActive or such third party which may own the Mark. "foActive" is a registered trademark of foActive, LLC.

foActive may collect information about the use of the Site, such as the types of services used and how many users we receive daily. This information is collected in aggregate form, without identifying any user individually. foActive may use this aggregate, non-identifying statistical data for statistical analysis, marketing, or similar promotional purposes, parties.

General Disclaimer

There are other instances in which foActive may divulge your personal information. foActive may provide your personal information if necessary, in foActive's good faith judgment, to comply with laws or regulations of a governmental or regulatory body or in response to a valid subpoena, warrant, or order, or to protect the rights of foActive or others.

Protection Of Your Personal Information

The personal information that you provide in connection with registering yourself as a user of a foActive product or service or when registering a foActive product is classified as Registration Information. Registration Information is protected in several ways. Access by you to your Registration Information is available through a password and unique customer ID selected by you. This password is encrypted. We recommend that you do not divulge your password to anyone. In addition, your Registration Information resides on a secure server that only selected foActive personnel and contractors have access to via password. foActive encrypts your personal information and thereby strives to prevent unauthorized parties from viewing such information when it is transmitted to foActive.

ALL INFORMATION PROVIDED ON THIS WEB SITE IS PROVIDED "AS IS" WITH ALL FAULTS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. foActive AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

foActive AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY foActive PRODUCT, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF foActive OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Links to Third Party Sites

This Web Site may contain links to third party sites. Access to any other Internet site linked to this Web Site is at the user's own risk and foActive is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. foActive provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.

Access to Password Protected/Secure Areas

Access to and use of password protected and/or secure areas of the Web Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Web Site may be subject to prosecution.