Forte Media, LLC TERMS OF USE

Last Updated on April 10, 2018

Welcome to Forte Media, LLC (“Company” or “We,” “Us,” or “Our”). By using this website and our services, you agree to the terms and conditions referred to below, as they govern your access and use of our Site and the services provided.

ACCEPTANCE OF THE TERMS OF USE

By accessing https://go.rewardsadvisor.com/ (the “Site”), you agree to these Terms of Use.  These terms and conditions describe your legal rights and responsibilities in using our services and the site.  If you do not agree with any part of these Terms, you should not access or otherwise use the Site. Please note that our terms and conditions may change from time to time, but the most recent version of our Terms of Use will always be posted here.

These Terms of Use include our Privacy Policy and other terms we disclose or notify you of when you use or attempt to use our Site, all of which are incorporated by reference and form a whole of our Terms of Use. 

CHANGES TO TERMS OF USE

We reserve the right, at any time, to add to, delete or modify our Terms of Use, as well as all or any part of our Site in our sole discretion. We will notify you of changes to our Terms of Use by posting the new Terms of Use on this website, or by sending you a notice via e-mail. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. The date at the top of the Site indicates when these Terms of User were last updated. You agree to review these Terms of Use and other online policies posted on our Site periodically to be aware of any revisions.

PRIVACY INFORMATION

Your information is important to us.  We have developed a Privacy Policy in order to inform you of how we obtain, disclose, and use the information we obtain from you.  All information we collect on the Site is subject to our Privacy Policy.  Please read our Privacy Policy carefully to learn more about our privacy practices.

BASIC TERMS OF USE

By using the Site and our services, you agree to the following:

  • You are at least 13 years of age.
  • You will not use the Site violate any applicable federal or state laws, regulations, judicial or governmental order, treaties, our rights, or the rights of any person, firm, or enterprise.
  • You are solely responsible for the content and information that you provide to us.
  • You will not attempt to modify, reverse engineer, decompile, disassemble, or otherwise reduce or attempt to reduce any of the source code that we use in providing the Site.
  • You will not impersonate or attempt to impersonate the Company or attempt to gain unauthorized access to interfere with, damage, or disrupt any parts of the Site.

RULES OF CONDUCT

By agreeing to use or access the Site, you agree to only use the Site for lawful purposes and agree to never use, allow, or enable others to use the Site to:

  • Violate any applicable federal or state laws, regulations, judicial or governmental order, treaties, our rights, or the rights of any person, firm, or enterprise.
  • Engage in conduct that would be considered libelous, defamatory, indecent, vulgar, obscene, sexually explicit or suggestive, racially or ethically offensive, harassing, intimidating, discriminatory, or abusive.
  • Use the Site for posting or otherwise using malicious or unauthorized code or other potentially harmful material or information which in any way might interrupt, damage, interfere with, destroy, or limit the functionality of any computer service or hardware.
  • Violate or attempt to violate any security features of the Site.
  • Collect, obtain, compile, gather, transmit, reproduce, revise, or display any material or information made available by or concerning any other person, firm, or enterprise;
  • Advocate or encourage conduct that would constitute a criminal offense, or that would otherwise violate any applicable local, state, national, or foreign law or regulation;
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
  • Attempt to interfere with the proper working of the Site.

We intend to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or any applicable law.

INTELLECTUAL PROPERTY

The Site contains content, features, and functionality, including, but not limited to, all information, text, displays, photographs, graphics, design, and arrangement (“Company Content”) which are owned by, licensed by, or provided to Company.  The Company Content is the intellectual property of Company, and we retain all rights to such intellectual property.  These Terms of Use permit you to use the Site and its services for your own personal, non-commercial use only.  Except as permitted herein, you may not reproduce, publish, or prepare derivative works of our Site and services, in whole or in part.

This Site and the Company Content are protected by copyright, trademark, trade secret, and other intellectual property laws.  You acknowledge and agree that if you use any Company Content in violation of our Terms of Use, any other party’s rights, or any laws or regulations, you may be subject to civil liability, criminal prosecution or both under the laws and regulations of the United States, as well as any other state or national law.

PROMOTIONS

From time to time we may offer sweepstakes, contests, or other similar promotions ("Promotions"). Promotions vary and may require you to submit information about yourself to us. Each Promotion has its own Terms and Conditions, which govern your participation in the Promotion. You must read and agree to these separate Terms and Conditions before entering into any such Promotion.

THIRD PARTY CONTENT AND LINKS FROM THE SITE

If the Site contains links to other sites and resources provided by third parties, such links are provided for convenience purposes only. This includes links contained in advertisements, banner advertisements, and sponsored links. We have no control over, and no liability for any third party websites or materials. We work with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither we nor our Site has control over the content and performance of these partner and affiliate sites, we make no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites.

Similarly, from time to time in connection with your use of the Site, you may have access to Content or websites that are owned by third parties ("Third Party Content"). You acknowledge and agree that we make no guarantees about, and assume no responsibility for, the accuracy, currency, content, or quality of Third Party Content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all Third Party Content.

TERM AND TERMINATION

These Terms of Use will be effective as soon as click “ACCEPT,” register for our services, respond to a request for information, or begin accessing the Site, whichever is earliest.  We reserve the right at any time and on reasonable grounds to terminate your use of the Site, should you violate these Terms of Use or should you act in any fraudulent or unlawful manner.  You may terminate your our Terms of Use at any time by ceasing to use the Site, but the provisions concerning Company’s proprietary rights, feedback and submissions, indemnity, disclaimers of warranty and liability, waiver and severability, entire agreement, and governing law will survive the termination of our Terms of Use for any reason.

INDEMNIFICATION

By using our Site, you agree to defend and hold harmless Company against any demands, claims or actions arising out of or as a result of your access to or use of the Site, your breach or violation of our Terms of Use, including any breach arising from violations of law and regulation, as well as claims of infringement, misappropriation or violation of the rights of any person or entity ("Claim") and you shall indemnify and hold Company harmless from and against any and all losses, damages, costs and expenses, including attorneys’ fees, resulting from any such Claim. We have the right, at any time, to assume the defense against any Claim and all negotiations for settlement and compromise and you agree to cooperate with us in any such defense. When we use the phrase "you will defend and indemnify us" anywhere in our Terms of Use, it means and refers to the foregoing provisions of this section of our Terms of Use.

DISCLAIMERS AND LIMITATION OF LIABILITY

OUR SITE IS MADE AVAILABLE "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO GUARANTY OR ASSURANCE THAT ALL OR ANY PART OF OUR SITE WILL BE AVAILABLE FOR USE, PERFORM AS DESCRIBED OR THAT OUR SITE IS ACCURATE, TIMELY, COMPLETE OR ERROR FREE AND YOU SHOULD NOT RELY ON OUR SITE FOR ANY DECISIONS OR ACTIONS YOU MAY OR MAY NOT CHOOSE TO MAKE OR TAKE. WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY, EVEN IF DUE TO MALICIOUS OR UNAUTHORIZED CODE. YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE MECHANISMS TO PROTECT AND SECURE YOUR EQUIPMENT, PROGRAMS AND INFORMATION BECAUSE YOU, NOT US, ARE ASSUMING ALL RISK OF LOSS OR DAMAGE THAT MAY ARISE OR BE ASSOCIATED WITH USE OF OUR WEBSITE.

OUR LIABILITY TO YOU IS LIMITED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL LIABILITY FOR LOSS, DAMAGE, COST AND/OR EXPENSE OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORM OF ACTION OR BASIS OF THE CLAIM AND WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES) IN CONNECTION WITH OR ARISING FROM USE OF OUR SITE OR ANY OTHER MATERIALS OR SERVICES WE PROVIDE TO YOU.

SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF CERTAIN WARRANTIES OR LIMITATIONS ON CERTAIN DAMAGES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. HOWEVER, IF ANY LIMITATION OR EXCLUSION OF DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL BE ENTITLED TO THE MAXIMUM LIMITATIONS AND EXCLUSIONS PERMITTED; HOWEVER, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED ONE HUNDRED DOLLARS ($100).

GOVERNING LAW

Our Terms of Use and your use of our Site shall be construed, governed by and enforced under the substantive laws of the State of California applicable to parties resident in and contracts made, executed and wholly performed within the State of California. You submit to the jurisdiction of the State and Federal courts situated in San Diego County, California, USA in all disputes arising out of or related to the use of the Site or Service and you will not object to jurisdiction or venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. The Uniform Computer Information Transactions Act does not apply to our Terms of Use.

YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY IN CONNECTION WITH ANY ACTION OR PROCEEDING ARISING UNDER OUR TERMS OF USE OR YOUR USE OF OUR WEBSITE.

INJUNCTIVE RELIEF

You acknowledge that any breach, threatened or actual, of our Terms of Use, including, without limitation, with respect to unauthorized use of Company proprietary assets, will cause irreparable injury to Company, such injury would not be quantifiable in monetary damages, and Company would not have an adequate remedy at law. You therefore agree that Company shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of our Terms of Use. Accordingly, you hereby waive any requirement that Company post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Company to enforce any provision of our Terms of Use.

ARBITRATION AND CLASS ACTION WAIVER

You agree to first contact us at Forte Media, LLC PO Box 572 Dover, DE 19903 for any dispute or controversy so as to attempt to resolve the dispute or controversy informally. Any controversy or claim arising out of or related to the use of the Site or Service that cannot be resolved through such informal process or through negotiation within 120 days shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered may be entered in any court having jurisdiction thereof. The arbitration will be conducted in the English language in the city of San Diego, California by a single neutral arbitrator.

You agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. If for any reason this arbitration clause is unenforceable or inapplicable, both you and we agree, to the extent permissible by law, to waive any right to pursue any claims on a class action basis. If any portion of this class action waiver is limited, void, or unenforceable, then our agreement to arbitrate under this section will not apply and any controversy or claim must be brought exclusively in the state and federal courts in San Diego, California.

NO LICENSE

Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by us or by any third party.

MISCELLANEOUS

The Terms of Use constitute the entire agreement you have with us regarding the subject matter and supersedes any and all prior and/or inconsistent understandings. Our Terms of Use cannot be modified except as set described herein or in a written amendment signed by an authorized representative of ours. No electronic or digital communication of any kind is to be construed as a ‘writing’ for purposes of amending or modifying our Terms of Use or the rights and obligations of the parties hereunder. The illegality, unenforceability or invalidity of any provision is severable and shall not affect or impair the rest of our Terms of Use. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. Headings are purely for reference and shall not affect meaning. Any provision which must survive any termination of your agreement with us in order to allow us to enforce its meaning shall survive. You may not make or initiate any demand, claim or action against us, regardless of form or the basis of the claim, more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).

If we believe, have reason to believe or are notified of anything which could compromise or endanger the health or safety of any person, could cause damage (tangible or intangible), could adversely affect, infringe upon or misappropriate anyone else’ rights, harasses or interferes with any other user, interferes with or bypasses security or other protective measures violates any law or regulation or these Terms of Use, we have the right, reserving cumulatively all other rights and remedies available to us at law, in equity and under our agreement with you, to report and provide information to any and all regulatory and law enforcement authorities and agencies and take any action permitted by law.