LiveClicks™ Terms of Use
This site is owned and operated by Franklin Covey Co.
("FranklinCovey"). These terms of use apply to and govern use by you and
any authorized user of your account of this site, including all
services provided therein and the FranklinCovey Forums ("site"). Your
use of this site signifies your agreement to be bound by these terms of
use. If you do not agree to be bound by these terms of use, do not
access or otherwise use this site.
FranklinCovey reserves the right, at its sole discretion, to change,
modify, add or remove any portion of this site or these terms of use, in
whole or in part, at any time. Changes to these terms of use will be
effective when posted. You agree to review these terms of use
periodically to be aware of any changes. Your continued use of this site
after any changes to these terms of use are posted will be considered
acceptance of those changes. Before using this site, review the
FranklinCovey Privacy Policy. In addition, when using particular
Franklin Covey owned or operated services, you shall be subject to any
posted guidelines or rules applicable to such services. All such
guidelines or rules are hereby incorporated by reference into these
Terms of Use.
Use of The Site
FranklinCovey grants you a non-exclusive, non-transferable, limited
right to access, use and display this site and the materials thereon for
your personal use only, provided that you comply fully with these Terms
of Use. FranklinCovey does not screen content provided by users of the
site. Notwithstanding the foregoing, FranklinCovey reserves the right to
monitor content on the site and to remove content in its sole
discretion.
You agree to the following with regard to your use of the site and Franklin Covey services offered thereon:
- Unless you are participating in an area of the site that requires or
encourages anonymity, use your real name in online communications.
- You may not post or transmit any message which is libelous,
defamatory or which discloses private or personal matters concerning any
person. You may not post or transmit any message, data, image or
program which may be deemed indecent, obscene or pornographic.
- You may not post or transmit any message, data, image or program
that would violate the property rights of others, including unauthorized
copyrighted text, images or programs, trade secrets or other
confidential proprietary information, and trademarks or service marks
used in an infringing fashion.
- You may not interfere with other users’ use of the site.
- You may not post or transmit any file which contains viruses, worms,
"Trojan horses" or any other contaminating or destructive features.
- It is not the site's intent to discourage you from taking
controversial positions or expressing vigorously what may be unpopular
views. However, you may not post or transmit any message which is
harmful, threatening, abusive or hateful.
- You may not post or transmit charity requests, petitions for
signatures, chain letters or letters relating to pyramid schemes. You
may not post or transmit any advertising, promotional materials or any
other solicitation of other users of the site for goods or services
except in those areas (e.g., a classified bulletin board), if any, that
are designated for such purpose.
- You may not list or send unsolicited mass emailings to 10 people or
more if such e-mail could reasonably be expected to provoke complaints
from its recipients.
- You may not use the facilities and capabilities of the service to
conduct any activity or solicit the performance of any illegal activity
or other activity which infringes the rights of others.
- You may not modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from, transfer, or
sell any information, software, products or services obtained from the
site in any manner not expressly allowed for herein.
- Franklin Covey controls the operation of this site from its
headquarters in Salt Lake City, Utah, in the United States of America,
and makes no representation that these materials are appropriate or
available for use in other locations. If you use this site from other
locations, you are responsible for compliance with applicable local
laws.
Franklin Covey reserves the right to take such action as it deems
appropriate where the site is used to disseminate images, text or other
information or media which Franklin Covey deems to be in violation of
these Terms of Use.
2. Use By Minors
The site is intended for use by adults only. In connection with the
site, Franklin Covey does not promote online to children and does not
intentionally collect any personally identifiable information from
children under the age of 13.
3. Copyright and Trademark
The entire contents of the site are protected under U.S. and
international intellectual property laws. This site is the property of
Franklin Covey. © 2008 Franklin Covey Co. All rights reserved.
Franklin Covey and its licensors are the sole and exclusive owners,
throughout the world, of copyright and all rights of copyright in and to
the site and materials contained thereon under the United States
Copyright Act and international laws and conventions. Visitors may not
copy, reproduce, or transmit any materials appearing in the site without
the express prior written permission from the copyright owner(s).
Other than as expressly allowed for in these Terms of Use, you agree
your access and use of the site shall be within the limits allowed by
the applicable law and that you are not entitled to duplicate,
reproduce, republish, distribute or download any material contained on
the site, unless otherwise agreed to by FranklinCovey. Any rights not
expressly granted herein are reserved.
You may print and download portions of material from the site solely
for your own non-commercial use where permitted. You may make: (a) one
machine readable copy, (b) one backup copy, and (c) one print copy of
any portions of material downloaded from the site solely for your
non-commercial use. Any other copying, redistribution, retransmission or
publication of any site material, is strictly prohibited without the
express written consent of Franklin Covey (see Use of Franklin Covey
Material included below) or any third party information provider to the
site. You agree not to change or delete any proprietary notices from
materials downloaded from the site.
The FranklinCovey name and logo, and all related product and service
marks and slogans are the service marks and trademarks of Franklin
Covey. All other product and service marks contained on the site are
trademarks of their respective owners. You may not use any Franklin
Covey or third party trademarks, service marks or logos without the
prior written consent of Franklin Covey or the third party trademark
owner.
4. User Submissions
Any material, information or other
communication you transmit or post to this site will be considered
non-confidential and non-proprietary communications. Franklin Covey
shall have no obligations with respect to the communications, except as
may be set forth in the Privacy Policy. Franklin Covey and its designees
shall be free to copy, disclose, distribute, incorporate and otherwise
use the communications and all data, images, sounds, text and other
things embodied therein for any and all commercial or non-commercial
purposes. No compensation will be paid with respect to the use of your
submission. Franklin Covey is under no obligation to post or use any
submission you may provide and Franklin Covey may remove any submission
at any time in its sole discretion.
5. Disclaimer of Warranties
You understand Franklin Covey
cannot and does not guarantee or warrant that files available for
downloading through the site will be free of infection or viruses,
worms, Trojan horses or other code that manifest contaminating or
destructive properties. You are responsible for implementing sufficient
safeguard to satisfy your particular requirements for accuracy of data
input and output, and for maintaining a means external to the site for
the reconstruction of any lost data. You assume total responsibility and
risk for your use of the site and the Internet.
THE SITE IS PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL
EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT
LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST
EXTENT PERMITTED BY LAW, FRANKLIN COVEY DISCLAIMS ANY WARRANTIES THAT
THE SITE OR MERCHANDISE, INFORMATION OR SERVICES PROVIDED THROUGH THE
SITE ARE FREE OF DEFECTS, VIRUS FREE AND DISCLAIMS ANY WARRANTIES FOR
THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE. YOUR
USE OF THIS WEBSITE IS SOLELY AT YOUR OWN RISK.
YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL CONTENT
TO FRANKLIN COVEY IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU
WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE RELATED THERETO.
It is solely your responsibility to evaluate the accuracy,
completeness and usefulness of all opinions, advice, services,
merchandise and other information provided through the site or on the
Internet generally. Franklin Covey does not warrant that the site will
be uninterrupted or error-free or that defects in the site will be
corrected. The site and any software made available on the site are
provided on an "as is, as available" basis. The documents and related
graphics published on this site may include technical inaccuracies or
typographical errors. Changes are periodically made to the information
herein. Franklin Covey and/or its respective suppliers may make
improvements and changes in the product(s) or the program(s) described
herein at any time.
Some links on this site may let you leave Franklin Covey's site. The
linked sites are not under the control of Franklin Covey and Franklin
Covey is not responsible for the contents of the linked site, any linked
site contained in a link site, or any changes or updates to such sites.
Franklin Covey provides links to you only as a convenience, and the
inclusion of any link does not imply endorsement by Franklin Covey of
the site. You understand further that the Internet contains unedited
materials some of which are sexually explicit or may be offensive to
you. You access such materials at your risk. Franklin Covey has no
control over and accepts no responsibility whatsoever for such
materials.
6. LIMITED LIABILITY/DAMAGES
UNDER NO CIRCUMSTANCES,
INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL FRANKLIN COVEY BE
LIABLE FOR ANY CLAIM, LIABILITY, EXPENSE OR DAMAGE (WHETHER ACTUAL,
INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL) RELATING TO THE
INFORMATION APPEARING ON THE SITE OR THE USE OF, OR THE INABILITY TO
USE, THE SITE, THE SITE MATERIALS, OR THE SOFTWARE, EVEN IF FRANKLIN
COVEY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FRANKLIN COVEY DISCLAIMS ANY AND ALL LIABILITY FOR ACTS, OMISSIONS,
AND CONDUCT OF ANY USERS AND ADVERTISERS AND/OR SPONSORS ON THE SITE.
YOU AGREE THAT FRANKLIN COVEY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY
LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY DEALINGS WITH
ADVERTISERS FOUND ON OR THROUGH THE WEBSITE, OR AS A RESULT OF THE
PRESENCE OF SUCH ADVERTISERS ON THE WEBSITE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
OR EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL FRANKLIN
COVEY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF
ACTION (WHETHER IN CONTRACT, TORT INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR
ACCESSING THIS SITE OR USING THE SERVICES OFFERED ON THE SITE. BECAUSE
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY
TO YOU. IN SUCH STATES, FRANKLIN COVEY'S LIABILITY IS LIMITED TO THE
GREATEST EXTENT PERMITTED BY LAW.
7. Notice specific to software available on this website
Any software made available for
use or download from this site ("Software") is protected under
applicable intellectual property laws, including U.S. and international
copyright law and is the property of Franklin Covey and/or its
suppliers. Use of the Software is governed by the terms of the end user
license agreement that accompanies or is included with the Software
("License Agreement").
The Software is made available for downloading solely for use by end
users in accordance with the License Agreement. Any copying or
reproduction or redistribution of the Software not in accordance with
the License Agreement is expressly prohibited. The Software and other
technology products are warranted, if at all, only according to the
terms of the License Agreement. EXCEPT AS WARRANTED IN THE LICENSE
AGREEMENT, FRANKLIN COVEY AND ITS AFFILIATES HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE AND OTHER
TECHNOLOGY PRODUCTS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
Any Software downloaded from this site for or on behalf of the United
States of America, its agencies and/or instrumentalities ("U.S.
Government"), is provided with Restricted Rights. Use, duplication, or
disclosure by the U.S. Government is subject to restrictions as set
forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and
Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1)
and (2) of the Commercial Computer Software - Restricted Rights at 48
CFR 52.227-19, as applicable. Some Software from this site may be
subject to export or re-export controls imposed by the United States and
may not be downloaded or otherwise exported or re-exported: (a) into
(or to a national or resident of) any country to which the U.S. has
placed an embargo, including without limitation, Cuba, Iran, Iraq,
Libya, North Korea or Syria; (b) to everyone on the U.S. Treasury
Department's Specially Designated Nationals list, or (c) the U.S.
Commerce Department's Table of Denial Orders. If you download or use the
Software, you represent that and warrant that you are not located in,
or under the control of or a national of any such country or on any such
list.
8. Indemnification
You agree to indemnify, defend
and hold harmless Franklin Covey, its officers, directors, employees,
agents, licensors, suppliers and any third party information providers
to the site from and against all losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting from any violation of
this Agreement by you.
The provisions of these Terms of Use are for the benefit of Franklin
Covey and its officers, directors, employees, agents, licensors,
suppliers, and any third party information providers to the site. Each
of these individuals or entities shall have the right to assert and
enforce those provisions directly against you on its own behalf.
9. Termination
You understand and agree that
Franklin Covey may, in its sole discretion and at any time, terminate
your username and password, any account created on the site, or use of
any forum, and discard and remove any content posted or submitted by you
to any forum, for any reason. Franklin Covey may also, in its sole
discretion and at any time, discontinue any forum or limit or restrict
any users access thereto, for any reason. You understand and agree that
Franklin Covey may take any one or more of these actions without prior
notice to you. Should Franklin Covey take any of these actions, it may,
in its sole discretion, immediately deactivate and/or delete any or all
information about and concerning your account, including information
submitted for registration on the site and submitted content. YOU
UNDERSTAND AND AGREE THAT FRANKLIN COVEY SHALL NOT HAVE ANY LIABILITY TO
YOU OR ANY OTHER PERSON FOR ANY TERMINATION OF YOUR ACCESS TO ANY FORUM
AND/OR THE REMOVAL OF INFORMATION CONCERNING YOUR ACCOUNT.
10. Copyright or intellectual property infringement
Franklin Covey respects the
intellectual property of others, and we ask our users to do the same.
Franklin Covey may, in appropriate circumstances and at its discretion,
disable or terminate the accounts of users who may be repeat infringers.
If you believe that your work has been made available on the site in a
way that constitutes copyright infringement, or your intellectual
property rights have been otherwise violated in connection with the
site, please provide Franklin Covey’s Copyright Agent the following
information:
(1) an electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright or other intellectual
property interest;
(2) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(3) a description of where the material that you claim is infringing is located within the Service;
(4) your address, telephone number and e-mail address;
(5) a statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright or intellectual property
owner, its agent or the law; and
(6) a statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright or
intellectual property owner or authorized to act on the copyright or
intellectual property owner's behalf.
Franklin Covey’s Agent for Notice of Claims of copyright or other intellectual property infringement can be reached as follows:
Agent for Notice of Claims
Franklin Covey Co.
2200 West Parkway Blvd. MS 0213
Salt Lake City, UT 84119
Fax: (801) 817-8197
E-mail: legal@franklincovey.com
11. Miscellaneous
These terms of use shall be governed
by and construed in accordance with the laws of the State of Utah and
the United States of America, without giving effect to any principles of
conflicts of law. You agree that any action at law or in equity arising
out of or relating to these terms shall be filed only in the state or
federal courts located in Salt Lake City, Utah, and you hereby consent
and submit to the personal jurisdiction of such courts for the purposes
of any action relating to or arising out of your use of the site or this
Agreement. In no event shall you be entitled to injunctive or other
equitable relief. If any provision of these terms shall be unlawful,
void, or for any reason unenforceable, then that provision shall be
deemed severable from these terms and shall not affect the validity and
enforceability of any remaining provisions.
B. Use of Franklincovey Material
1. LICENSING
Multi-User licenses and other opportunities to purchase and use
Franklin Covey copyrighted materials internally for training, teaching
and dissemination are available by contacting Franklin Covey. To learn
more about our licensing procedures, please call 888-868-1776.
2. PERMISSION
If you would like to use Franklin Covey materials other than for personal use on a limited basis, you must submit a completed Permission Request Form.
Franklin Covey reviews each request on a case-by-case basis, and may or
may not approve your request in its sole discretion. Please allow 4-6
weeks for your request to be processed.
If you are emailing your request from outside of the United States of
America, please specify that it is an "International Permission
Request" in the subject line to assist us in routing your request to the
right person.
1. UNSOLICITED SUGGESTIONS/FEEDBACK AND PRODUCT IDEAS
All unsolicited suggestions, feedback, and product ideas are
submitted to Franklin Covey on a non-confidential basis. All submissions
are subject to the User Submissions policy included above.
UNSOLICITED SUGGESTIONS/FEEDBACK: All suggestions may be submitted to feedback@franklincovey.com or leave a voicemail message at (801) 817-4100.
UNSOLICITED PRODUCT IDEAS: Franklin Covey is not accepting new product proposals at this time.
For any additional questions
concerning the terms specified on this page, contact Franklin Covey
Legal Services or the Franklin Covey Webmaster:
Franklin Covey Co.
Attn: Director of Legal Services
2200 West Parkway Boulevard
Salt Lake City, UT 84119
(801) 817-5635
Fax: (801) 817-8197
e-mail: legal@franklincovey.com
Franklin Covey Webmaster
2200 West Parkway Boulevard
Salt Lake City, UT 84119
e-mail: webmaster@franklincovey.com
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