Frontier Strategy Group, LLC and its affiliates (together, “FSG”) are pleased to provide you (“you” or the “Client(s)”) with the information, content, tools, products and services on all FSG Sites and FSG’s digital applications such as our iPhone or iPad applications (the term “FSG Sites” refers to all FSG web sites and digital applications, as well as to the content on them). Frontier Strategy Group, LLC is the parent company of various FSG Entities including, Frontier Strategy UK Ltd. and Frontier Strategy Group Asia Pacific Pte. Ltd.
1. CONDITIONS AND RESTRICTIONS ON USE
You may use the FSG Sites only as long as you maintain a paid subscription to the FSG Sites, or have purchased FSG resources directly from the online store and comply with rules, regulations and guidelines contained in this Agreement and comply with all applicable local, state, national, or international law or regulations. Logins to the FSG Sites are provided only to authorized users who receive login information directly from FSG. Login information may not be shared with other individuals within or outside of your organization. You may not use the FSG Sites for any illegal purpose or in any manner inconsistent with this Agreement, and you will use the FSG Sites solely for your own use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You will not to use, transfer, distribute, or dispose of any information contained in the FSG Sites in any manner that could compete with the business of FSG. You may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit, or in any way exploit any part of the FSG Sites and the information, content, tools, products and services on all FSG Sites therein, or components thereof, except that you may: (i) download material from the FSG Sites and/or make one print copy for your own personal use, provided that you retain all copyright and other proprietary notices; (ii) forward materials through the FSG Sites to other licensed users within your organization; and (iii) use material for internal business presentations, subject to the confidentiality obligations set forth in this Agreement, and conditioned upon attribution to FSG on such internal presentations. Other than as set forth herein, you may not recirculate, redistribute or publish the analysis and presentation included in the FSG Sites without FSG’s prior written consent. Modification of the FSG Sites’ content would be a violation of the copyrights and other proprietary rights of FSG. Additionally, you may not offer any part of the FSG Sites for sale or distribute it over any other medium, including but not limited to over-the-air television or radio broadcast, a computer network or hyperlink framing on the Internet. FSG may discontinue or modify the FSG Sites at any time without prior notice to you, and you accept those modifications if you continue to use the FSG Sites. FSG may terminate your access to the FSG Sites for any reason and without prior notice including, without limitation, your failure to maintain a paid subscription to the FSG Sites.
2. CONFIDENTIALITY AND INTELLECTUAL PROPERTY
The FSG Sites are the property of FSG and were prepared for, and intended for the exclusive use of its Clients. The Client is advised to make the FSG Sites available only to employees who require such access and who are obligated to keep such information confidential, and in accordance with the restrictions on use set forth in this Agreement. You hereby acknowledge, accept and agree that you have not secured in this Agreement any ownership right, title, interest, and/or license to FSG’s confidential information and intellectual property rights in FSG’s data, research reports, analytical tools, processes, frameworks, forecasting, methodologies, processes, formats, techniques, ideas, concepts, confidential information, know-how, trade secrets, trademarks, copyrights, patents, applications, names, slogans, artwork, symbols, trade names, software and all its other confidential information and intellectual property for any purpose. The ownership, rights, title, interest to all confidential information and intellectual property, and the right to use the same, shall at all times remain vested in FSG.
The FSG Sites and all information contained therein is the confidential and proprietary property of FSG and may not be distributed to any third party or entity other than the intended recipient and may not be reproduced in any form. You acquire no rights or licenses in the FSG Sites or the information contained therein other than the limited right to access the FSG Sites specifically under the terms of this Agreement on a limited and non-exclusive basis.
4. DISCLAIMER OF WARRANTIES
All information contained in the FSG Sites is for informational purposes only and is not intended and is not to be construed to provide financial, legal, regulatory, or any other advice, recommendations, and commentary. The FSG Sites and the information, content, tools, products and services on all FSG Sites are provided on an “as is” and on an “as available” basis. FSG makes no warranty of any kind, express or implied, as to the FSG Sites and the information, content, tools, products and services on all FSG Sites, including, but not limited to, merchantability, non-infringement, title, or fitness for a particular purpose or use. FSG does not guarantee the accuracy, completeness, or timeliness of the FSG Sites and the information, content, tools, products and services on all FSG Sites and FSG assumes no legal liability for any claims and/or damages that may arise from the use, misuse, or loss and/or delay of use thereof. You are advised to seek professional financial, legal, and/or regulatory advice pertaining to any matters contained in the FSG Sites and the information, content, tools, products and services on all FSG Sites.
FSG does not warrant that the FSG Sites are compatible with your equipment or free of errors or viruses, worms or “Trojan horses,” or any other harmful, invasive, or corrupted files, and is not liable for any damage you may suffer as a result of such destructive features. You acknowledge, accept, and agree that FSG and its suppliers, agents, directors, officers, employees, representatives, successors and assigns will not be liable for any loss or damage arising in connection with your use of the FSG Sites or any malfunction, inaccuracy, omission, delay or other failure in the FSG Sites caused by our computer equipment or your use of the FSG Sites through use of your equipment.
5. LIMITATION OF LIABILITY
FSG WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR FSG WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE FSG SITES AND THE INFORMATION, CONTENT, TOOLS, PRODUCTS AND SERVICES ON ALL FSG SITES, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF FSG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN NO WAY WILL FSG’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE FSG SITES.
Client will indemnify and hold FSG, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Client’s use of the FSG Sites and the information, content, tools, products and services on all FSG Sites, the violation of this Agreement, or infringement by Client, or other user of the FSG Sites using Client’s computer, of any intellectual property or any other right of any person or entity.
7. MODIFICATIONS AND INTERRUPTION TO SERVICE
FSG reserves the right to modify or discontinue the FSG Sites with or without notice to the Client. FSG will not be liable to Client or any third party should FSG exercise its right to modify or discontinue the FSG Sites. Client acknowledges and accepts that FSG does not guarantee continuous, uninterrupted or secure access to the FSG Sites and operation of the FSG Sites may be interfered with or adversely affected by numerous factors or circumstances outside of our control. FSG also reserves the right to interrupt service as necessary for routine maintenance.
8. GOVERNING LAW
This Agreement the use of the FSG Sites will be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without giving effect to its conflict of laws principles, and the courts of Delaware will have exclusive jurisdiction over all legal matters and proceedings hereunder and this original English language version of this Agreement will be controlling in all respects. You hereby waive any objection based on forum non conveniens or any objection to venue of any such action. In addition, you will accept service of process by any commercial courier, postal mail service and/or direct hand delivery by FSG to you.
9. COMPLIANCE WITH LAWS
You are responsible for compliance with all applicable laws of any jurisdiction or country to which you are subject. Client may not use the FSG Sites in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Client further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
10. COPYRIGHT AND TRADEMARK INFORMATION
The FSG Sites and the information, content, tools, products and services on all FSG Sites are protected by applicable copyright laws. Accordingly, you may not copy, distribute, modify, post or frame-in the FSG Sites and the information, content, tools, products and services on all FSG Sites, including any text, graphics, video, audio, software code, user interface design or logos. All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is the property of FSG and/or third parties protected by intellectual property rights. Any use of the FSG Sites and the information, content, tools, products and services on all FSG Sites, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind is strictly prohibited. Clients will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein.
Frontier Strategy Group™ and FSG™ are proprietary marks of FSG. FSG’s trademarks may not be used in connection with any product or service that is not provided by FSG, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits FSG.
11. NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, FSG designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Mail: Frontier Strategy Group, LLC
Attention: FSG Legal and Governmental Affairs Dept.
1150 18th Street, NW, Suite 350
Washington, DC 20036
By Telephone: 202-741-1333
By Email: firstname.lastname@example.org
12. OTHER TERMS
Effective September 2016.
© 2016 Frontier Strategy Group, LLC. All rights reserved.