Last revised as of May 23, 2013.
Agreement to be Bound.
When we refer to “we,” “us,” or “our,” we mean Forecast5 Analytics, Inc., a Delaware corporation, or the specific division, subsidiary, or affiliate that operates a site, provides its content, or processes information received through it, each as appropriate and applicable.
When we refer to “you” or “your,” we mean the person accessing the site. If the person accessing the site does so on behalf of, or for the purposes of, another person, including a business or other organization, “you” or “your” also means that other person, including a business organization.
Copyrights and Other Intellectual Property.
This site is © 2011-2013 by us and we reserve all rights. You may inquire about rights to reproduce content from this site by e-mailing us using the technical support e-mail address below.
ALL RIGHTS IN ALL MATERIALS POSTED ON SITES EITHER BELONG TO US OR ARE LICENSED BY US WITH THE RIGHT TO SUE AND OTHERWISE ENFORCE INTELLECTUAL PROPERTY RIGHTS IN SUCH MATERIALS. YOU MAY NOT COPY ANY MATERIAL FROM ANY SITE WITHOUT OUR EXPRESS PERMISSION IN THE FORM OF A RECORD SIGNED BY US.
DMCA Copyright Notifications
We do not knowingly permit anyone to post materials on a site where such posting would violate copyright or other applicable law, including the Digital Millennium Copyright Act (“DMCA”) (including 17 USC § 512). If you are a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed by any material on any site, you may notify us of claimed infringement by sending to us a notice containing the following elements.
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated agent for receipt of such notices is:
Forecast5™ Analytics, Inc.
2135 Citygate Lane – 7th Floor
Naperville, Illinois 60563-3062
CAN-SPAM, Telephone Consumer Protection Act and Similar Law.
Your use of a site establishes a business or other applicable relationship with us for purposes of CAN-SPAM, the Telephone Consumer Protection Act, and all other applicable law that addresses unsolicited commercial communications. By accessing, or continuing to access, this site, you agree that we or our agents may call, e-mail, or otherwise communicate with you regarding promotion of the sale, lease, or exchange of goods, services, real property, or any other thing of value.
The site is controlled, operated and administered by us or our agents from offices within the United States of America utilizing servers located in the United States of America. We make no representation that materials at this site are appropriate or available for transmission to or from, or use in, locations outside of the jurisdictions stated above and accessing any site from any jurisdiction where such site’s contents are illegal is prohibited. You may not use the site or export the materials in violation of import or export laws and regulations. If you access a site from a location outside of the United States, you are responsible for compliance with all local laws.
The following terms apply only to the public website. Any online services beyond the public website itself are governed instead by the Forecast5 Terms of Service.
You agree not to interrupt or attempt to interrupt the operation of any site in any way.
Use of Materials.
We authorize you to view and download materials from the sites only for your use in connection with the use, purchase, or evaluation of our services. This authorization is not a transfer of any rights in the materials other than those expressly granted. Any copies you make of the materials (including by printing or by retaining electronic copies) are subject to the following restrictions.
- You may not remove, or disassociate, from any of the materials any copyright or other proprietary notices contained in the materials;
- You may not transfer the materials to any other person.
Disclaimer of Warranties.
THE SITES AND ALL MATERIALS AVAILABLE ON OR THROUGH THEM ARE PROVIDED AS IS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH THE USER. WE FURTHER DISCLAIM ALL IMPLIED WARRANTIES AS TO INFRINGEMENT OR MISAPPROPRIATION, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
Changes to the Site.
We may terminate, change, suspend, or discontinue any aspect of any site, including the availability of any features of any site, at any time. We may also impose limits on certain features and services or restrict your access to parts or a site or one or more entire sites without notice or liability. We may terminate the authorization, rights, and license given above and, upon such termination, you will immediately destroy all materials that you obtained from or through the site and that are in your possession or control.
Governing Law, Jurisdiction, Legal Fees, Etc.
Illinois state law governs this Agreement without regard to its conflicts of laws provisions. With respect to any suit, action or proceeding relating to this Agreement the undersigned irrevocably submits to the jurisdiction of the federal court located in Chicago, Illinois or state court in DuPage County, Illinois, which submission shall be exclusive unless (a) none of such courts has lawful jurisdiction over such proceedings, (b) we elect to pursue injunctive relief in another court having jurisdiction. Forecast5 prohibits accessing materials from countries or states where contents are illegal. You are accessing this website on your own initiative and you are responsible for compliance with all applicable laws. BOTH PARTIES IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY LEGAL PROCEEDING ARISING OUT OF THIS AGREEMENT.
Limitation of Actions.
You must commence any suit or other action in connection with your use of any site within one year after events giving rise to the claim or cause of action occur.
Limitation of Liability
- IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONTENT OR CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF ANY SITE, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF ANY SITE OR PERSONS INTRODUCED TO YOU THROUGH ANY SITE; and
- IN NO EVENT WILL WE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE ANY SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF WE KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL OUR AGGREGATE LIABILITY, ON ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, EXCEED THE PRICE PAID BY YOU TO US.
No failure on the part of either of us to exercise, and no delay in exercising, any right, power, or privilege will operate as a waiver thereof; nor will any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The waiver by either of us of any default or breach of this Agreement will not constitute a waiver of any other or subsequent default or breach.
This Agreement is the entire agreement between you and Forecast5 and replaces all prior understandings, communications and agreements, oral or written, regarding the use of the public website. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that provision will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. This Agreement is an agreement between the Parties, and confers no rights upon any of the Parties’ employees, agents, contractors or customers, or upon any other person or entity. The words “hereof,” “herein” and “hereunder” and other words of similar import refer to this Agreement as a whole, as the same may from time to time be amended or supplemented, and not to any subdivision contained in this Agreement. The word “including” when used herein is not intended to be exclusive and means “including, but not limited to.” The word “or” when used herein is not intended to be exclusive unless the context clearly requires otherwise.
We reserve the right, at our sole discretion and without any notice, to change, modify, add, or remove any portion of these terms and conditions at any time. Changes in these terms and conditions will be effective when the revised terms and conditions are posted. Your use or continued use of any site after any changes to these terms and conditions are posted will be considered acceptance of those changes. READ THESE TERMS AND CONDITIONS AND THE RELATED PRIVACY INFORMATION EVERY TIME YOU ACCESS ANY SITE TO MAKE SURE THAT YOU CONTINUE TO AGREE TO THEIR TERMS.
Information Ownership, Collection and Use
We are the sole owner of the information collected through the sites. We will not sell, share, or rent this information to others in ways different from those disclosed in this policy. We may collect information from users at several different points on a site.
Child Online Privacy Protection Act (COPPA) Compliance and Related Information
The Child Online Privacy and Protection Act (COPPA) regulates online collection of information from persons under the age of 13. It is our policy to refrain from knowingly collecting or maintaining personally identifiable information relating to any person under the age of 18. If you are under the age of 18, please do not supply any personally identifiable information through the site. If you are under the age of 18 and have already provided personally identifiable information through the site, please have your parent or guardian contact us immediately using the information below so that we can remove such information from our files.
Ordering, Event Registration, and Related Processes
When and if you order products or services using a site or register for an event, we request information from you using an order form. When we already have information about you (such as through a previous order or registration, whether received through a site or otherwise), we may use such information to facilitate the order or registration process. When using an order form, you must provide contact information (such as name and shipping address) and financial information (such as credit card number and expiration date). This information is used for billing purposes and to fill your order. If we have trouble processing an order, we use this contact information to contact you.
A cookie is a piece of data stored on the computer that runs an Internet browser. It can contain information about you, your computer, your browser, your session, the websites you visit, and other information about you or others who use, or have used, the computer or browser you use to access the Internet. The cookies we use, if any, are not linked to any personally identifiable information while using a site unless you have given us permission to link personally identifiable information to one or more cookies. You give us that permission any time you register on a site, place an order through a site, or identify yourself or the computer you are using through a site.
Most or all browsers permit you to disable or reject cookies. You can do this by setting the preferences in the browser. Use the “help” feature of your browser to obtain more information about refusing cookies.
If you set the browser you use to reject cookies, you can use the sites, but you may not be able to use the full functionality of one or more of the sites or it may take additional time to utilize such functionality.
We or our hosting provider may collect traffic information from visitors for statistical analysis and site improvement. When you access a site, we or our hosting provider may collect information about your visit in a log file on a server. Log file information may include, but is not limited to, internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks. We or our hosting provider use this information to analyze trends, administer sites, track users’ movements in the aggregate, and gather demographic information for aggregate use. IP addresses and other log file information are not linked to personally identifiable information. We do not try to track users or to identify users individually except as otherwise stated in this policy, but we or our hosting provider do review this information to understand overall trends and to determine what kinds of content are popular and useful to users.
(a) Aggregated information. We or our hosting provider may share aggregated demographic information with our users, our affiliated organizations, and other organizations with which we do, or contemplate doing, business. Such information is aggregated and is not linked to any information that can identify individual users.
(b) Outsourcing providers. We may use outside shipping or other outsourcing providers to process and ship orders or perform other functions. We use commercially reasonable diligence to restrict the purposes for which these outsourcing providers may use your personally identifiable information. The requirements or requests that we impose on such outsourcing providers vary with the sensitivity of the information and can, but do not necessarily, include requirements that these outsourcing providers not retain, share, store, or use personally identifiable information for any secondary purposes, except for backup and recovery operations. Although we use good faith efforts to impose, and/or ensure compliance by our outsourcing providers, we cannot, and will not, be responsible to users for misuse of personally identifiable information by such outsourcing providers. This section is meant as a general description of our practices. It does not impose any duty upon us and it does not constitute a representation or warranty by us upon which you may rely.
(c) Specific services. We may have agreements with other parties to provide specific services. When you use such services, we may share personally identifiable information with such parties. In such cases, we will use good faith efforts to restrict the information provided to the information necessary for the provision of such services.
(d) General use. We share personally identifiable information (whether in return for compensation or otherwise) with various vendors, suppliers, and advertisers. While we use good faith efforts to verify that such vendors, suppliers, and advertisers promote products and services of interest to site users, we cannot, and do not, endorse such vendors, suppliers, advertisers, products or services unless we expressly state otherwise. We share only such information as you yourself provide to us or someone else provides about you (such as through a registration process) and do not share personally identifiable information derived indirectly through IP address tracing or similar means. If you wish us to refrain from providing your personally identifiable information in this manner, please see the opt-out information and contact information provided below.
Links and Information Gathered by Others
One or more sites may contain links to other websites. We do not operate those websites and we cannot control the information that the operators of such websites gather or what the operators of such websites do with the information. We are therefore not responsible for the activities of the operators of such websites.
If you wish to subscribe to a newsletter we offer or to a mailing list that we maintain, we will collect from you contact information necessary to send the newsletter or other information to you. This is usually limited to your e-mail address, but may include other information.
Surveys and Contests
From time to time, we may request information from you using surveys or contests. Participation in these surveys or contests is completely voluntary and you therefore have a choice as to whether to disclose this information. Information requested may include contact information (such as name and address) and demographic information (such as zip code and type of user). We will use such contact information to notify winners and award prizes, and to monitor or improve the use of one or more sites and provide aggregated information for our own uses or to our customers or other organizations, and we may also use it to notify you of news about us or our affiliates or promotions of our products or services or the products or services of people with whom we do business.
We may offer a referral service that allows you to inform your friends and other acquaintances about content on the site or to forward information to them. If you elect to use such a referral service, we will collect the friend or acquaintance’s e-mail address and use it to send to the friend or acquaintance a one-time e-mail inviting the friend or acquaintance to visit one or more sites or providing the information you requested. We store this contact information for the sole purpose of sending the one-time e-mail. When you use such a service, you represent and warrant to us that you have an existing business or personal relationship with the friend or acquaintance sufficient to avoid liability under any law that applies to unsolicited e-mail. You will be the sender of any such e-mail and we will merely be a service provider facilitating your sending of the e-mail.
Where we collect nonpublic personal information from you, we or one or more of our service providers use industry-standard encryption and security standards to protect such information. You can tell whether encryption is being used by noting the “locked” or other status indicator on the browser you are using. If the browser you are using does not indicate that the session is secure (e.g. by displaying a lock, a key or another icon), you should assume that the connection is not secure and that third parties will receive the information shared by you and us during that part of the session.
We also use commercially reasonable efforts to protect user information offline. All sensitive user information is maintained in our offices or at the facilities of our information technology provider(s). We cause access to servers and connections to be limited by key or other access control. Only employees or agents who need the information to perform specific functions are granted access to personally identifiable information. We use reasonable efforts to assure that our employees and agents are informed of our security and privacy practices.
Supplementation of Information
We sometimes supplement the information we receive from you with other information we receive from third party sources, such as credit card issuers or clearinghouses.
We may send to you a welcoming e-mail that may also verify password and user name information. We occasionally send newsletters or information about products, services, and special deals to users like you. You may opt to not receive such informational communications by using the contact information below.
Site and Service Updates
We may also send to you updates and service announcements about one or more of the sites. You may not un-subscribe or opt not to receive such announcements because such announcements contain important information about the services offered through the relevant site(s).
Misappropriation of Personal Information
For the purposes of any applicable law regarding notification of persons whose personal information was, or is reasonably believed to have been, acquired by an unauthorized person, our information security policy provides that any required notification may, where permitted by law, be made by the use of e-mail, telephone, fax, mail (including a notice printed in an available area of a bill or statement) or posting a notice on a site. The specific means used is up to us and we will use our judgment based on the circumstances. Where any notice is to be sent to a specific address or number (such as e-mail address, physical address, telephone number, etc.), we will use the latest available address in our records. EXCEPT TO THE EXTENT PROHIBITED BY LAW, YOU AGREE TO THIS MEANS OF NOTIFICATION.
Correcting or Updating Personal Information
If your personal information changes, if you have reason to believe that your personal information as we maintain it is incorrect, or if you no longer desire service, you may contact us using the contact information below and we will accommodate all reasonable requests for such changes.
Users who no longer wish to receive newsletters or promotional materials or have their information provided to third parties may opt to not receive such communications or have information shared by contacting us using the information below. We will comply with such requests as soon as is commercially practicable. Such compliance may involve batch processing and other processes that take 30 days or longer. If you opt not to receive such communications or allow us to share your information and then give your personal information to us again using a site or under other circumstances that permit us to use your information, we will regard your opt-out as rescinded.
In most cases, it is impractical for use to stop any other party to whom we have supplied your information from continuing to use the information and opting out will usually not stop others to whom we have provided your information from continuing to use it.
To change your preference with regard to the way your information is treated:
Send e-mail email@example.com
We will use commercially reasonable efforts to timely make any changes you request. Many such changes are accomplished using batch processing (i.e. collecting a number of similar change requests and making all such changes at once), so the changes may not be immediately effective. If you require an immediate change to your personally identifiable information and are unable to make such a change using the available site resources, please contact us.
BY USING A SITE, YOU AGREE TO THIS CHANGE PROCEDURE.
Forecast 5 Analytics, Inc.
2135 Citygate Lane – 7th Floor
Naperville, Illinois 60563-3062
If you (a) wish to begin or end receipt of newsletters or promotional information (b) wish to update your user information, or (c) wish to opt in or out of any other service offered through the site, please contact our technical personnel using the following information. Please be sure to include your name and your user name (if applicable), but do not include any information regarding your password, if any.
Website Technical Support
Forecast 5 Analytics, Inc.
2135 Citygate Lane – 7th Floor
Naperville, Illinois 60563-3062