terms of Use

 

Last updated and effective as of December 11, 2020.

Welcome to the www.forcura.com website (this “Site”). This Site is owned and operated by Forcura, LLC (“Forcura,” “we,” “us,” or “our”). These Terms of Use (“Terms”) apply to all websites operated by Forcura and/or any of its affiliates or subsidiaries. Please read these Terms carefully before using this Site. IF YOU DO NOT AGREE TO THESE TERMS OR ARE YOUNGER THAN EIGHTEEN (18) YEARS OLD, DO NOT USE THIS SITE.

BY ACCESSING OR USING THIS SITE IN ANY WAY, INCLUDING WITHOUT LIMITATION, BROWSING THIS SITE, USING ANY INFORMATION, OR SUBMITTING ANY CONTENT OR PERSONAL INFORMATION VIA THIS SITE, YOU AGREE TO AND ARE BOUND BY THE TERMS, CONDITIONS, POLICIES, AND NOTICES CONTAINED IN THESE TERMS, INCLUDING CONDUCTING THIS TRANSACTION ELECTRONICALLY, CERTAIN THIRD-PARTY TERMS AND CONDITIONS, DISCLAIMERS OF WARRANTIES, DAMAGE AND REMEDY EXCLUSIONS AND LIMITATIONS, BINDING ARBITRATION, VENUE SELECTION, AND A CHOICE OF FLORIDA LAW. YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD OR OLDER AND POSSESS THE LEGAL RIGHT TO AGREE TO THESE TERMS.

Any password-protected areas of this Site may be subject to additional terms or agreements with us.

1. Site Content
(a) All contents of this Site are: ©Forcura, LLC. All rights reserved. Forcura and the Forcura logo are trademarks of Forcura, LLC. This Site contains copyrighted material, trademarks, service marks, trade dress and other proprietary content, including but not limited to text, software, sound, photographs, images, logos, video and graphics (the “Content”), and the entire selection, coordination, arrangement and “look and feel” of this Site and the Content are copyrighted as a collective work under United States copyright laws (collectively, “Intellectual Property Rights”). Neither these Terms nor your use of this Site transfers any right, title or interest in the Site, the Content, or Intellectual Property Rights to you, and Forcura and its third party licensors retain all of its and their respective right, title and interest to the Site and Content.

(b) Except as provided in these Terms, you may not use, modify, republish, frame, print, display, perform, reproduce, license, transfer, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit any Content or information from this Site, in whole or in part, without the express written permission of Forcura. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with this Site.

(c) This Site is controlled, operated, and administered by Forcura from its offices or servers within the Unites States of America (“U.S.”). Forcura makes no representations that materials or Content on this Site are appropriate or available for use at locations outside of the U.S. A reference to a product or service on this Site does not imply that such product or service is or will be available in your location. The Content of this Site, including advertising content, is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations. You may not use this Site or export the Content in violation of U.S. export laws or regulations. If you access this Site from a location outside of the U.S., you are responsible for compliance with all local laws and regulations.

(d) Certain materials on this Site may be furnished by third parties, including advertisements. Certain product, service, or company designations for companies other than Forcura may be mentioned in the Site for identification purposes only, such as Forcura’s representative clients. Third-party trademarks, trade names, logos, product or services names contained on this Site are the trademarks, registered or unregistered, of their respective owners.

(e) Nothing contained in these Terms shall be construed as conferring any other license or right, express or implied, under any of our intellectual property rights or under any third party's intellectual property rights. Any rights not expressly granted herein are reserved.

2. User Conduct
By using this Site, including any Content and services available through it, you agree that you shall not:

(a) delete, modify, hack or attempt to change or alter any of the Content on this Site;

(b) attempt to access accounts, computer systems, or networks connected to any of our servers or to this Site, through hacking, password mining, or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally or readily made available through this Site;

(c) use any device, software or routine intended to damage or otherwise interfere with the proper functioning of this Site or servers or networks connected to this Site, or take any other action that interferes with other parties' use of this Site;

(d) use any robot, spider or other automatic or manual device or process for the purpose of harvesting or compiling information on this Site for purposes other than for a generally available search engine;

(e) use any Forcura names, service marks, or trademarks, or logos without our prior written consent, including without limitation as metatags, search engine keywords, or hidden text;

(f) use any material or information, including images or photographs, which are made available through this Site in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;

(g) transmit or upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property;

(h) create a false identity for the purpose of misleading others, breach any contractual or confidentiality obligations, or violate the privacy rights of others;

(i) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of any third party; or

(j) provide false information, impersonate another person or entity, or misrepresent your affiliation with any entity.

3. Permissible Use
Except as indicated to the contrary elsewhere on this Site, you may view, copy, retransmit and print the Content available on this Site subject to the following conditions:

(a) you may only use the Content for personal, informational, or non-commercial purposes, or to request further information about Forcura;

(b) you may not provide, sell, license or lease the Content or access to the Content for any fee or other consideration;

(c) you must ensure all copyright, trademark and other proprietary rights notices included in the Content as presented on this Site appear on all copies;

(d) you may not modify or alter the Content in any way; and

(e) you may not use any graphics separately from accompanying text.

4. Feedback 
Forcura may provide you with a mechanism to provide feedback, suggestions and ideas, if you choose, about its products, services and the Site (“Feedback”). You agree that Forcura may, in its sole discretion, use the Feedback you provide to Forcura in any way, including in future modifications of this Site or in other Forcura products or services. You hereby grant Forcura a perpetual, worldwide, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license to use, modify, create derivative works from, distribute, display, and otherwise exploit the Feedback for any purpose.

 

5. Modifications To Terms
Forcura may change, modify, add, and/or delete all or portions of these Terms from time to time by posting updated Terms on this Site, which shall apply to your use of this Site after such modifications have been posted. Please review these Terms periodically for any updates or changes. Your continued use of this Site following the posting of any updates or changes to these Terms constitutes your acceptance of such changes. If you object to any provision of these Terms or any subsequent modifications to these Terms, your only recourse is to immediately terminate use of this Site.

6. Termination of Site/Modifications To Site
Forcura reserves the right to modify or terminate your access to this Site (or portions of this Site) at any time, temporarily or permanently, with or without notice to you, and is not obligated to support or update this Site. Sections 1, 2, and 4, this Section 6, and Sections 8-19 of these Terms shall survive any termination. Forcura may also impose limits on certain features and services, restrict your access to part or all of this Site, or charge fees for access to portions of this Site without notice or liability. You acknowledge and agree that Forcura will not be liable to you or any third party in the event that Forcura exercises its right to modify or terminate access to this Site or portions of this Site.

7. Your Privacy
Forcura will treat any information it collects from you through this Site in accordance with its online Privacy Policy (the “Privacy Policy”), which is hereby incorporated by reference. Please review the Privacy Policy before you use this Site. If you are unwilling to accept the terms and conditions of the Privacy Policy, please do not use this Site.

8. Accounts and Passwords
In order to access certain features on this Site and to post content on this Site, you may be required to create an account. By setting up an account, you agree to provide Forcura with accurate and complete information. You are responsible for protecting and maintaining the secrecy of your username and password. Forcura will not be responsible or liable for any loss or damage that results from your failure to comply with this security obligation. You are solely responsible for any and all activities or actions that occur under your account, whether or not you have authorized such activities or actions. You agree to immediately notify Forcura of an unauthorized use of your username or password.

9. Copyright Infringement
In accordance with the Digital Millennium Copyright Act (“DMCA”), Forcura has designated an agent to receive notifications of alleged copyright infringement associated with this Site. Forcura will, upon receiving proper notice as set forth below, use commercially reasonable efforts to investigate notices of copyright infringement and take appropriate action under the DMCA. If you believe that your copyrighted work or the copyrighted work of another party is being infringed, please notify our copyright agent at legal@forcura.com or through the address set forth at the end of this page. When notifying Forcura of the alleged copyright infringement, please include all of the following information:

(a) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is claimed to have been infringed;

(b) identification of the copyrighted work alleged to have been infringed;

(c) a description of the material that is claimed to be infringing and information sufficient to locate the material on this Site;

(d) information sufficient to contact the complaining party, such as a physical address, telephone number, and, if available, an electronic mail address;

(e) a statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on the copyright owner’s behalf.

If material is believed in good faith by Forcura to infringe a copyright or otherwise violate any intellectual property rights, Forcura will remove or disable access to any such material.

10. Other Sites, Content, Products and Services
As a convenience to you, this Site may provide links to websites and access to content, products and services of third parties, including without limitation, Forcura’s affiliates, advertisers and strategic partners and other entities with which our connection consists of only a hyperlink (“Linked Sites”). All Linked Sites are provided only because they may be of interest to users of this Site or offer a service for your convenience. Information and views contained in Linked Sites are not adopted or endorsed by us.

You should refer to the separate terms of use, privacy policies, and other rules posted on Linked Sites before you use them. Forcura does not author, edit or monitor these Linked Sites, and is not responsible or liable for: (a) the availability of or content provided on such Linked Sites, nor does inclusion of any link imply endorsement of the Linked Sites by Forcura, or vice versa; (b) third-party content accessible through such Linked Sites; (c) any loss or damage whatsoever you may incur from dealing with any Linked Site; or (d) your dealings with any third parties found on or through this Site. You bear all risk associated with the use of the Linked Sites, third party services, and your correspondence or business dealings with advertisers other than us found on or through this Site.

Forcura does not control, makes no guarantees about, and disclaims any express or implied representations or warranties about the accuracy, relevance, timeliness, completeness, or appropriateness for a particular purpose of the information or the resources contained on the Linked Sites or any other Internet sites. We reserve the right to terminate such links at any time. The fact that we offer such links should not be construed in any way as an endorsement, authorization, or sponsorship of that site or its content, products, or services.

11. Typographical Errors
Our goal is to provide complete, accurate, up-to-date information on this Site. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. This Site may contain typographical mistakes, inaccuracies, or omissions, and some information may not be complete or current. Forcura therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

12. Exclusion of Other Warranties
No employee, agent, representative or affiliate of Forcura has authority to bind Forcura to any oral representations or warranty concerning this Site. Any written representation or warranty not expressly contained in these Terms will not be enforceable.

13. Disclaimer
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THIS SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THIS SITE, ARE PROVIDED ON AN “AS IS, WHERE IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. FORCURA AND ITS SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. WE SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY OR LOSS ARISING OUT OF ANY ACTION TAKEN IN RELIANCE ON THIS SITE AND/OR ANY CONTENT, TOOLS, APPLICATIONS, PRODUCTS, AND SERVICES PROVIDED ON THIS SITE. FORCURA MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT: (A) THIS SITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THE CONTENT OR ANY SUBMISSION WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE OR ACCURATE; (C) ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE; (D) THE QUALITY OF ANY PRODUCTS, CONTENT, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (E) THAT DEFECTS, IF ANY, WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FORCURA OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU UNDERSTAND AND AGREE THAT ANY CONTENT AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA.

14. Limitation of Liability
IN NO EVENT SHALL FORCURA OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, INCREASED OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THIS SITE OR ANY SERVICES, INTELLECTUAL PROPERTY, APPLICATIONS, TOOLS, PRODUCTS, INFORMATION, OR CONTENT PROVIDED IN CONNECTION WITH THIS SITE, EVEN IF FORCURA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT OR SYSTEM, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. OUR LIABILITY FOR ANY TYPE OF DAMAGES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00 USD).

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. CONSEQUENTLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THESE TERMS, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.

IF YOU ARE A RESIDENT OF NEW JERSEY, TO THE EXTENT NEW JERSEY LAW PROHIBITS THE LIMITATIONS AND/OR EXCLUSIONS OF LIABILITY SET FORTH IN THESE TERMS, SUCH LIMITATIONS AND/OR EXCLUSIONS SHALL NOT APPLY TO YOU.

 

15. Indemnity
You agree to indemnify and hold harmless Forcura, its affiliates, shareholders, directors, officers, employees and agents, and, at Forcura’s sole election, defend the foregoing, from and against any claim, demand, liability, dispute, damage, cost, expense, or loss, including attorneys' fees and costs of litigation, arising out of or in any way related to your use of or access to this Site, your use of the Content, including any use by your employees, your violation of these Terms or your violation of any rights of any third party.

16. Limitation on Actions Brought Against Forcura
You agree that any claim or cause of action arising out of your use of this Site or these Terms must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Forcura to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision.

17. Dispute Resolution
You agree that any dispute arising out of or relating in any way to your use of this Site requires that such claim be resolved exclusively by confidential binding arbitration except that, to the extent you have in any manner violated or threatened to violate Intellectual Property Rights, Forcura may seek injunctive or other appropriate relief. The arbitration shall be conducted before three neutral arbitrators in Jacksonville, Florida, U.S.A., in accordance with the rules of the American Arbitration Association (“AAA”), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys' fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to these Terms, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law. The parties shall equally share all AAA charges and fees associated with the arbitration.

BECAUSE THE USE OF THIS SITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS' DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.

The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party hereby consents (a) to the non-exclusive jurisdiction of the courts in Duval County, Florida or to any Federal Court located within Duval County, Florida for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, or (iii) at any time prior to the qualification and appointment of the arbitrators, to temporary, interim or provisional equitable remedies, and (b) to service of process in any such action by registered mail or any other means provided by law. Should this Section 17 be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that exclusive jurisdiction and venue for any claims will be in state or federal courts in Jacksonville, Florida.

18. Acknowledgement
You acknowledge (a) that you have read and understood these Terms; and (b) that these Terms have the same force and effect as a signed agreement.

19. General
If any provision in these Terms is found by a court or arbitrator to be invalid, the parties agree that the court or arbitrator should give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect. Forcura’s failure to act with respect to a breach by any visitor using this Site does not constitute a waiver of its right to act with respect to subsequent or similar breaches. These Terms will be governed by and construed in accordance with the laws of the State of Florida without regard to its choice of law provisions. In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States will govern. These Terms and the Privacy Policy as posted from time to time by Forcura on this Site, and any modifications to the foregoing, constitute the entire agreement between the parties with regard to the subject matter in these Terms and supersede all prior understandings and agreements, whether written or oral, as to such subject matter.

20. Contact Information
If you have any questions about these Terms, the practices of Forcura, or your dealings with this Site, or would like to update your personal information, please contact us at legal@forcura.com or through the address below:

Forcura, LLC
10151 Deerwood Park Blvd.
Building 400, Suite 400
Jacksonville, FL 32256