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These Terms and Conditions of Use (the "Terms of Use") apply to the Forecal™ web site located at www.Forecal™.com, and all associated sites linked to www.Forecal.com by Forecal™, its subsidiaries and affiliates, including Forecal™ sites around the world (collectively, the "Site"). The Site is the property of Forecal™ and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
Forecal™ reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Forecal™ grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Forecal™, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent.
You may use information on Forecal™ products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Forecal™ for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
Your Use of the Forecal™ Site
You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Forecal™ reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Forecal™ server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Forecal™, including any Forecal™ account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or our systems or networks, or any systems or networks connected to the Site or to Forecal™.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Forecal™ on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Forecal™ or others.
Purchases; Other Terms and Conditions
Our obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
Forecal™ may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Forecal™ makes no commitment to update the materials on the Site with respect to such products and services.
In connection with a proposed business relationship between the submitting customer ("Submitter") and Forecal™, a California corporation ("Company"), Submitter has disclosed or may disclose to Company business information, technical information and/or ideas including, without limitation, descriptions, technical drawings, renderings, know-how, formulas, processes, schematics and other technical, business, financial, product development plans, forecasts, strategies and information relating to Submitter's project(s) (collectively, the "Proprietary Information") for the purpose of development and production.
In consideration of any disclosure and any negotiations concerning the proposed business relationship, Company and Submitter agree as follows:
1. Company shall, for a period of two (2) years from this date hold in confidence and not possess or use (except to evaluate within the United States the proposed business relationship and/or the Proprietary Information) or disclose any Proprietary Information. Company shall disclose the Proprietary Information only to its employees who have a need to know and are bound by obligations of confidentiality with respect to the Proprietary Information. Company will not open or disassemble any Proprietary Information, nor reverse engineer or attempt to derive the composition or underlying information, structure or ideas of any Proprietary Information. Company does not acquire any rights in or to the Proprietary Information, except the limited right to use the same as described above.
2. Company shall have no confidentiality obligations with respect to Proprietary Information which:
1. Was previously known to Company or its affiliates, free of any obligation to keep it confidential;
2. Is or becomes publicly available, other than by an unauthorized disclosure by Company;
3. Is independently developed by Company, its affiliates or any of their respective clients or customers;
4. Is disclosed to third parties by Submitter without restriction;
5. Is received from a third party who is under no confidentiality obligation to Submitter with respect to such Proprietary Information;
6. Company is required by law or court order to disclose; or
7. Is disclosed by Company pursuant to the terms of a subsequent agreement entered into by and between Submitter and Company.
3. If any contribution by Company or its agents would require inclusion as co-Customer on Submitter's patent application (if applicable), Company and its agents hereby assign any and all ownership rights to Submitter. Ownership rights include all Unites States Patent, Trademark, and Copyright Rights, moral rights and any other state, federal and foreign rights and interests throughout the world, as well as any other interests necessary to perfect sole ownership in Submitter.
4. Company understands that this agreement does not obligate Submitter to disclose any information or negotiate or enter in any agreement or relationship with Company.
5. This Agreement supersedes any prior oral or written understanding and constitutes the entire agreement between Company and Submitter regarding the subject matter contained herein.
6. This Agreement shall be governed by the laws of the State of California, except its law with respect to choice of law.
Return Policy: Custom printed, custom built products and orders consigned outside the United States are not returnable.
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