End User License Agreement (EULA)
I understand that:
Forrest Green Solutions Ltd. End User License Agreement (EULA)
FORREST GREEN SOLUTIONS SUBSCRIPTION MEMBERSHIP TERMS AND CONDITIONS
As of April 26, 2013 (v1.0)
This Subscriber Agreement applies to Forrest Green Solutions Ltd. and its website (collectively, "Forrest Green"). Welcome! To ensure that you enjoy the highest standards of quality and service during your visits to the Forrest Green Web Portal, we encourage you to read through the following information before you register. These legal notices spell out the terms and conditions to which you are expected to adhere.
Web PORTAL - Web portals often function as a point of access to information on the World Wide Web. Portals present information from diverse sources in a unified way. Portals provide a way for enterprises to provide a consistent look and feel with access control and procedures for multiple applications, which otherwise would have been different entities altogether (Source: Wikipedia)
Solution Suite ("SUITE") - A solution suite is a collection of documents, manuals and training videos, often sharing a common user interface.
Trainer - A person who has received appropriate training from Forrest Green and been certified as capable of conducting a Forrest Green Training Course.
Designated Contact - Each organization may have only one (1) designated contact. In the event that they have technical assistance questions, the Designated Contact will email the question(s) to Forrest Green.
TERMS OF SERVICE
GENERAL RULES AND DEFINITIONS
- This "EULA" constitutes your agreement with Forrest Green with respect to your use of each of the Forrest Green Web Portal. You must agree to abide by all of the terms and conditions contained in this Subscriber Agreement in order to become or remain an authorized subscriber of any of the Forrest Green Web Portal.
- To indicate agreement with the terms and conditions of this EULA, you must click the "EULA Consent" checkbox prior to clicking on the "Log Me In". You will not be allowed to register before clicking that button. It is mandatory that each subscriber read the EULA to understand your rights and obligations. If you do not wish to agree to these terms and conditions, do not click the "EULA Consent" and "Log Me In" button (you understand that you will not be subscribed to the applicable Forrest Green Web Portal and will have no right to access such Forrest Green Web Portal unless you agree with the terms of this EULA). Forrest Green reserves the right, at its discretion, to change, modify, add or remove portions of this EULA at any time. Occasionally Forrest Green may ask you to accept the terms of such changes to continue using the Forrest Green Web Portal to which you are subscribed.
- IF YOU HAVE ANY QUESTIONS ABOUT THIS EULA, PLEASE CONTACT YOUR DESIGNATED CONTACT PERSON OR THE FORREST GREEN SOLUTION MAIN TELEPHONE NUMBER OR EMAIL ADDRESS.
- Forrest Green may change, suspend or discontinue any aspect of any of the Forrest Green Web Portal at any time, including the availability of any feature, training manual, training video, template or tool. Forrest Green may also impose limits on certain features and services or restrict your access to parts or all of any of the Forrest Green Web Portal without notice or liability.
- The Subscriber agrees to return any content that has been downloaded or copied from the Forrest Green Web Portal at Forrest Green's sole discretion at ten (10) working days notice. This will assist to ensure outdated training manuals or templates are not used in error.
FORREST GREEN WEB PORTAL CONTENT AND SUBSCRIBER SUBMISSIONS
- The contents of Forrest Green Web Portal are for use by registered subscribers only. All materials published on the Forrest Green Web Portal (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips, also known as the "Content") are protected by copyright and other intellectual property laws, and are owned, or controlled by, or licensed to Forrest Green or the party credited as the provider of the Content, software or other materials. You shall abide by all additional copyright or other notices, information or restrictions appearing in conjunction with any Content accessed through the Forrest Green Web Portal.
- The Forrest Green Web Portal is protected by copyright as a collective work and/or compilation, pursuant to Canadian and/or U.S. copyright laws, international conventions and other copyright laws. One may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, reproduce (except as agreed to in writing by Forrest Green), create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, software, materials of Forrest Green Web Portal in whole or in part.
- Copying or storing of any Content for any purpose other than laid out in 2.1 is expressly prohibited without the prior written permission from Forrest Green, or the copyright holder identified in the individual Content's proprietary rights notices. For the avoidance of doubt, including any Content (in whole or in part) on your personal website, when it is accessible to any other person, is not a personal use and is not permitted.
If you believe that any Content appearing on Forrest Green Web Portal has been used on such Forrest Green Web Portal in a manner that constitutes copyright infringement, please contact us at the following:
By postal mail:
Intellectual Property Counsel Forrest Green Solutions Ltd.
10520 Yonge Street, Unit 35B Suite 322
Richmond Hill, Ontario L4C 3C7
- Forrest Green is dependant upon the participation of the subscribers to maintain the accuracy, provide examples and best practice. If you find anything to be erroneous we will endeavor to correct the error.
- Forrest Green attempts to review all content. In the event that erroneous or inappropriate information is found, the Subscriber acknowledges that Forrest Green is not responsible for such errors and reserves the right to delete, move or edit the content. Forrest Green will make every commercially reasonable effort to ensure abusive, defamatory, obscene or otherwise unacceptable content is not present.
ACCESS AND AVAILABILITY OF SERVICES AND LINKS
- The Forrest Green Web Portal may have links to other related World Wide Web Internet sites, resources and sponsors of Forrest Green. Selection of an ad banner or link will redirect you off of the Forrest Green Web Portal to a third party website. Transactions that occur between you and any such third party are strictly between you and the third party and are not the responsibility of Forrest Green. Because Forrest Green is not responsible for the availability of these outside resources or their contents, you should direct any concerns regarding any external link to its site administrator or webmaster.
REPRESENTATIONS AND WARRANTIES
- The Subscriber will hereby indemnify, defend and hold Forrest Green, its parent company, affiliates and the officers, directors, owners, agents, employees, shareholders, information providers, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all causes of action, claims, liabilities and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any other user of your account (whether or not such user has your permission) of the EULA or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorneys' fees. You shall cooperate as fully as reasonably required in the defense of any claim. Forrest Green reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
- Forrest Green neither represents nor endorses the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through any Forrest Green Web Portal or information provider. THE FORREST GREEN WEB PORTAL AND CONTENT IS PROVIDED "AS IS." FORREST GREEN MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR USEFULNESS OF ANY MATERIALS PROVIDED THROUGH THE FORREST GREEN WEB PORTAL. FORREST GREEN SHALL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH USE OF THE FORREST GREEN WEB PORTAL CONTENT, OR THIRD PARTIES THROUGH THE FORREST GREEN WEB PORTAL, OR ANY DAMAGE OR LOSS INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF ANY THIRD PARTY SOFTWARE (E.G. ADOBE ACROBAT), REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF FORREST GREEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
- You hereby acknowledge that your use of the Forrest Green Web Portal is at your sole risk.
REGISTRATION AND SECURITY
- After your name and contact information has been provided to Forrest Green, you will be given a Forrest Green User ID and password. You shall provide accurate, complete and updated contact information. Failure to do so shall constitute a breach of this EULA, which may result in immediate termination of your account.
- (a) You shall notify Forrest Green of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security. (b) You shall be solely responsible for maintaining the confidentiality of your password.
- You must be 18 years or older to subscribe to any of the Forrest Green Web Portal.
- You are responsible for all usage or activity on your account to the Forrest Green Web Portal. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination of your account, at Forrest Green's sole discretion.
- You shall have no rights to the Forrest Green Web Portal content. You may not sublicense, assign or transfer any licenses granted by Forrest Green and any attempt at such sublicense, assignment or transfer is void.
- The Forrest Green Web Portal does not include any third party licences such as Adobe software which much be purchased separately.
- You may terminate your account at any time by notifying Forrest Green by email or through the web portal.
- Forrest Green may, in its sole discretion, terminate or suspend your access to all or part of any Forrest Green Web Portal for any reason or no reason including, without limitation, any breach by you of this EULA, or assignment of this EULA by you.
- You acknowledge that site administrators have the right to terminate your membership without notice for any user who restricts, inhibits or disrupts any Forrest Green Web Portal event or attempts to alter or improperly access any feature or function of the Forrest Green Web Portal. Your subscription may also be subject to termination if you post or transmit any illegal content; harass or threaten any user of any Forrest Green Web Portal or Forrest Green employee; post content (including the creation of usernames) that is offensive or otherwise disruptive of Forrest Green activities; post unsolicited advertising; or impersonate a Forrest Green employee or other individual.
- Governing Law. This EULA shall be governed by the laws of the Province of Ontario and the laws of Canada applicable in the province of Ontario. Any dispute under this Agreement arising between the parties will be referred to a court in the Greater Toronto Area (GTA).
Official correspondence must be sent via postal mail to:
Forrest Green Solutions Ltd.
10520 Yonge Street, Unit 35B Suite 322
Richmond Hill, ON L4C 3C7
Your Privacy is Important to us.
Forrest Green Solutions Ltd. and its family of companies including Forrest Green RMC and Forrest Green Consulting Corporation are committed to protecting the privacy and security of your personal information obtained by reason of your doing business with us.
Our Privacy Charter explains the types of customer personal information we collect, how it is used and the steps we take to ensure your personal information is handled appropriately.
Each member of the Forrest Green family of companies collects information necessary to do business with you. For more specific details on what information each company may collect and how we use it, we refer you to the Frequently Asked Questions (FAQs) section.
The Privacy Charter is our commitment to you. It is our organization wide policy on how all companies in the Forrest Green family protect your personal information.
Our privacy statement provides a quick reference to the key privacy points of the Privacy Charter. It also provides you information on your choices and important contact information.
Privacy Frequently Asked Questions (FAQs)
Our FAQs provide answers to important questions you may have regarding your information and your privacy. The FAQs provide additional detail on what information is collected by each company. The information may vary according to company. If there are further questions you would like answered, feel free to contact us anytime.
Authentication and Accessing Consumer Credit Data
- You authorize Forrest Green to confirm your personal information (aka identity) against credit reporting agencies.
- The Authentication process is only visible to you the consumer. No credit data is shared with Forrest Green or any organization affiliated with Forrest Green. Authentication does not impact your credit rating or scores.
- You hereby acknowledge that you have read and understand the foregoing EULA and agree to be bound by its terms and conditions.