This Web Site Terms and Conditions Agreement (the or these “Terms and Conditions”) is a binding legal contract between you (“You” either an individual or a legal entity) and Forgiven But Not Forgotten Foundation (“FBNFF”). The Terms and Conditions governs your access to and use of the web sites offered by FBNFF including without limitation www.ForgivenButNotForgotten.org web site and any software, programs, services, tools, features, databases, materials, content or information available through it or used in connection with it (collectively, the “Sites” and each individually a “Site”). By downloading, accessing or using any part of the Site you have accessed, You will be bound by the terms of these Terms and Conditions. If You do not agree to the terms of these Terms and Conditions, FBNFF is not willing to grant You any right to use or access the Site. In such event, You are not granted permission to access or otherwise use the Site and are instructed to exit the Site immediately.
FBNFF may change, add or remove portions of the Terms and Conditions at any time, which shall become effective immediately upon posting. It is your responsibility to review the Terms and Conditions prior to each use of the Site, and by continuing to use the Site, you agree to any changes.
LINKS TO OTHER SITES. FBNFF may provide links, in its sole discretion, to other sites on the World Wide Web. FBNFF is not responsible for the availability of these outside resources or their contents. FBNFF expressly disclaims any responsibility for the content, materials, accuracy of information and/or the quality of the products or services provided by, available through, or advertised on these third-party sites, or the products or services provided by any third party.
LINKS TO THIS SITE. You may link to this Site provided that You do so in a way that indicates that the link is to the www.ForgivenButNotForgotten.org website and is fair and not misleading. You may not integrate or make use of all or part of this Site in ways that would confuse or mislead visitors as to the nature and origin of this Site’s content.
WARRANTY DISCLAIMER. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK AND YOU ASSUME ALL RISK. THE SITE IS PROVIDED ON AN “AS AVAILABLE,” “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FBNFF AND ITS LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE. FBNFF DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. YOU SPECIFICALLY ACKNOWLEDGE THAT FBNFF IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL FBNFF OR ITS SUPPLIERS/LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE), WHICH INCLUDE, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOST PROFITS, LOST DATA AND BUSINESS INTERRUPTION, ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SITE, EVEN IF FBNFF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE ENTIRE LIABILITY OF FBNFF AND ITS SUPPLIERS/LICENSORS UNDER THESE TERMS AND CONDITIONS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) IS LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESS TO THE SITE.
The Site and the information contained herein is provided for informational and educational purposes only, and could include technical inaccuracies or typographical errors. Information on the Site is provided with the understanding that FBNFF is not rendering professional advice or recommendations. You should not rely on any information on these pages to replace consultations with qualified professionals to meet your individual needs.
DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE. FBNFF is committed to complying with copyright and related laws, and requires all users of the Site to comply with these laws. Accordingly, you may not store any material or content or use or disseminate any material or content though the Site in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of FBNFF to terminate use privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to FBNFF by the copyright owner or the copyright owner’s legal agent.
INDEMNIFICATION. You agree to indemnify, defend and hold FBNFF and its affiliates and its and their respective governors, directors, officers, employees and agents harmless from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees and costs) arising out of your use of the Site.
TRADEMARK INFORMATION. The Forgiven But Not Forgotten Foundation logo and name are federally protected and registered marks of Forgiven But Not Forgotten (see United States Code, Title 18, Section 706). All other trademarks displayed on this site or through links to other sites are the property of the respective trademark owners.
GENERAL. The Terms and Conditions is governed by and construed in accordance with the laws of the Northern District of Illinois, as applied to agreements entered into and wholly performed within the Northern District of Illinois. The Terms and Conditions shall not be governed by the 1980 U.N. Convention on Contracts for the International Sale of Goods. The Terms and Conditions constitutes the entire understanding and agreement between FBNFF and You with respect to the Site and any transactions contemplated in these Terms and Conditions and supersedes all prior or contemporaneous oral or written communications with respect to the subject matter of the Terms and Conditions, all of which are merged in the Terms and Conditions. You may not modify, amend or alter in any way the Terms and Conditions. In the event any provision of these Terms and Conditions is found invalid or unenforceable pursuant to judicial decree, the remainder of the Terms and Conditions will remain valid and enforceable according to its terms. Any failure by FBNFF to strictly enforce any provision of the Terms and Conditions will not operate as a waiver of that provision or any subsequent breach of that provision. The disclaimers and limitations of liability will survive any termination or expiration of the Terms and Conditions. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT IN THE EVENT ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES WILL REMAIN IN EFFECT.
Revised February 2017