Terms of Use

 

A. Terms of Use

This site is owned and operated by Franklin Covey Co. ("Franklin Covey"). 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 Franklin Covey 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.

Franklin Covey 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 Franklin Covey 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.

1. USE OF THE SITE

Franklin Covey 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. Franklin Covey does not screen content provided by users of the site. Notwithstanding the foregoing, Franklin Covey 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:

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; LICENSES

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 Franklin Covey. 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 Franklin Covey 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 Franklin Covey 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.

C. Other Information

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.

D. Contacts

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