FORCE America Terms of Use

Last Modified: 06/02/2020

 AGREEMENT BETWEEN USER AND FORCE America

The FORCE America Website is comprised of various web pages operated by FORCE America.

 The FORCE America Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein and in the FORCE America Statement of Privacy, found at forceamerica.com/privacy-statement incorporated herein by reference. If you do not want to agree to these Terms of Use or the Statement of Privacy, you must not access or use the FORCE America Website. Your use of the FORCE America Website constitutes your agreement to all such terms, conditions, and notices.

 MODIFICATION OF THESE TERMS OF USE

FORCE America reserves the right to change the terms, conditions, and notices under which the FORCE America Website is offered, including but not limited to the charges associated with the use of the FORCE America Website. All changes are effective immediately when posted.  Your continued use of the FORCE America Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

 LINKS TO THIRD PARTY SITES

The FORCE America Website may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of FORCE America and FORCE America is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. FORCE America is not responsible for webcasting or any other form of transmission received from any Linked Site. FORCE America is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by FORCE America of the site or any association with its operators.

 NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the FORCE America Website, you warrant to FORCE America that you will not use the FORCE America Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the FORCE America Website in any manner which could damage, disable, overburden, or impair the FORCE America Website or interfere with any other party’s use and enjoyment of the FORCE America Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the FORCE America Websites.

 ACCOUNT SECURITY

To access the FORCE America Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the FORCE America Website that all the information you provide on the FORCE America Website is correct, current, and complete. You agree that all information you provide to register with the FORCE America Website or otherwise, including, but not limited to, through the use of any interactive features on the FORCE America Website, is governed by the FORCE America Statement of Privacy and you consent to all actions FORCE America takes with respect to your information consistent with the FORCE America Statement of Privacy.

 If you choose, or are provided with, a user name, password, or any other piece of information as part of the FORCE America security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the FORCE America Website or portions of it using your user name, password, or other security information. You agree to notify FORCE America immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

 FORCE America  has the right to disable any user name, password, or other identifier, whether chosen by you or provided by FORCE America, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

 WARRANTY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE FORCE America WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FORCE America AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE FORCE America WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE FORCE America WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

 FORCE America AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE FORCE America WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PROVIDED BY LAW, FORCE America WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE FORCE America WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE FORCE America WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. FORCE America AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 TO THE FULLEST EXTENT PROVIDED BY LAW, FORCE AMERICA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

 THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 LIABILITY DISCLAIMER

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FORCE America AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE FORCE America WEBSITE, WITH THE DELAY OR INABILITY TO USE THE FORCE America WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE FORCE America WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE FORCE America WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FORCE America OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE FORCE America WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE FORCE America WEBSITE.

 THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 SERVICE CONTACT: webmaster@forceamerica.com

 TERMINATION/ACCESS RESTRICTION

FORCE America reserves the right, in its sole discretion, to terminate your access to the FORCE America Website and the related services or any portion thereof at any time, without notice.

 Online Purchases and Other Terms and Conditions

All purchases through the FORCE America Website or other transactions for the sale of goods formed through the FORCE America Website, or resulting from visits made by you, are governed by the FORCE America Terms and Conditions, which are hereby incorporated into these Terms of Use.

 Linking to the Website and Social Media Features

You may link to the FORCE America homepage, provided you do so in a way that is fair and legal and does not damage the FORCE America reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on FORCE America’s part.  You agree to cooperate with FORCE America in causing any unauthorized framing or linking immediately to stop. FORCE America reserves the right to withdraw linking permission without notice.

 Geographic Restrictions

FORCE America provides the FORCE America Website for use only by persons located in the United States. FORCE America makes no claims that the FORCE America Website or any of its content is accessible or appropriate outside of the United States. Access to the FORCE America Website may not be legal by certain persons or in certain countries. If you access the FORCE America Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 Indemnification

You agree to defend, indemnify, and hold harmless FORCE America, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the FORCE America Website, including, but not limited to, your Submissions, any use of the FORCE America Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the FORCE America Website.

 All matters relating to the FORCE America Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule (whether of the State of Minnesota or any other jurisdiction).

 Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the FORCE America Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Minnesota, in each case located in the City of Minneapolis and County of Hennepin, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts

 GENERAL

You agree that no joint venture, partnership, employment, or agency relationship exists between you and FORCE America as a result of these Terms of Use or use of the FORCE America Website. FORCE America’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of FORCE America’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the FORCE America Website or information provided to or gathered by FORCE America with respect to such use. No waiver by FORCE America of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of FORCE America to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. Unless otherwise specified herein, these Terms of Use, as well as FORCE America’s Statement of Privacy and Terms and Conditions, constitute the entire agreement between the user and FORCE America with respect to the FORCE America Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and FORCE America with respect to the FORCE America Website. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms of Use and all related documents be drawn up in English.

 COPYRIGHT NOTICE

All contents of the FORCE America Website are: Copyright © 2020 by FORCE America Inc. and/or its suppliers. All rights reserved.

 TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

 The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

 Any rights not expressly granted herein are reserved.

 NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.