Fundamentals Plus - Disclaimer

Copyright

All Web site design, text, graphics, the selection and arrangement thereof, and all software compilations, underlying source code, software (including applets) and all other material on this Web site are copyright Fundamentals Plus and its affiliates, and copying, collection, disclosure, dissemination, distribution, altering or other use thereof is expressly forbidden without prior written consent. ALL RIGHTS RESERVED. The training packages, articles, documents, videos, and other information disseminated via or used on this web site are copyright Fundamentals Plus and/or its affiliates, third party suppliers and service providers. Copying, collection, disclosure, dissemination, distribution, altering, public performance or other use thereof is expressly forbidden without the prior written consent of Fundamentals Plus.

All pages on the Fundamentals Plus website are copyright © Fundamentals Plus through the site's owner and operator, [Name of Owner]. All rights reserved ® by the copyright holder: no part of the Fundamentals Plus website may be reproduced in whole or in part, by any form whatsoever, without the previously obtained, written permission of the copyright holder. This includes posts in any Fundamentals Plus Discussion Community message forum, which become copyright of Fundamentals Plus on posting and the rights for reproduction of which rest with the website, rather than with the poster.

The content of articles, documents and videos is copyright Fundamentals Plus as above, unless otherwise indicated on the article / document itself. Such indication will be the case, for example, when a given text has been published on Fundamentals Plus with the permission of its author, editor, or otherwise copyright owner. In these cases, the page as it appears on this web site is copyright Fundamentals Plus, but the content of the document remains copyright to the copyright holder. In such instances, where a specific page contains content that is in whole or in part copyright of a party other than Fundamentals Plus, this is expressly indicated by a special copyright section at the bottom of the relevant page.

Privacy Policy

We at Fundamentals Plus (referred to as "Fundamentals Plus," "We," "Us," or "Our") recognize the importance of protecting the privacy of certain information collected about the users and visitors of Our Web Site (referred to as "User," "You" or "Your"). This Privacy Policy discloses what information We gather, how We use it, and how to correct or change it. At Fundamentals Plus, it is Our intention to give You an understanding about how We collect Your information and the use We make of it in the course of our business.

To that end, Fundamentals Plus gathers two types of information about You: 1) data that Users provide through optional, voluntary registration on Our Web Site, and 2) data that Fundamentals Plus gathers through aggregated tracking, mainly by tallying Web pages that are viewed by Users throughout Our Web Site.

However, be assured that Fundamentals Plus will not disclose Personal Information (as defined herein) to third parties without Your consent, except as may be noted in this Privacy Policy or disclosed to You when the information is submitted.

How Does Fundamentals Plus Collect Information?

Optional Registration
We collect information by specifically requesting it from You. Generally this occurs when You register at the Web Site or request information or a service. Usually, We and Our business partners use Your information to operate the Web Site and to deliver services. Fundamentals Plus also uses Your information to inform You about other products and/or services available from Fundamentals Plus and Fundamentals Plus-affiliates.

Use of Tracking
Use of Internet Protocol ("IP") Addresses: An IP address is a unique number that is automatically assigned to Your computer whenever You are surfing the Internet so that Your computer can be identified by the main computers, known as "Web servers," that "serve up" Web pages. This allows Us to identify and gather general information and data about You, such as the Web pages You view.

Fundamentals Plus collects IP addresses for the purposes of: helping Us diagnose problems with Our main computers, for system administration, to report aggregated information to Our business partners, and to audit the use of Our Web Site. When Users request Web pages from Our Web Site, Our Web servers log the User's IP address. We do not link IP addresses to anything personally identifiable, which means that a User's session will be logged, but the User will remain anonymous to Us. For example, We collect and/or track the home server domain name, the type of computer, and the type of Web browser used by You to access this Web Site. Such collection and tracking information is gathered by Us as You navigate through this Web Site, and shall be used by Us for Our business purposes only.

We can, and will, use IP addresses to identify You when We feel it is necessary to enforce compliance with Our Web Site Terms of Use or to protect Our service, site, Users, or others.

Use Of Cookies
What are cookies? Cookies are small pieces of information that a Web site sends to Your computer for record-keeping purposes, which information is stored in a file on Your computer's hard drive. Cookies make Web-surfing easier for You by saving Your preferences so that We can use the saved information to facilitate Your use of Our Web Site when You return to the Web Site. Cookies do not tell Us Your individual identity unless You have chosen to provide it to Us. We never save passwords or credit card information in cookies. The use of cookies is an industry standard, and as such, You will find that most major Web sites use them.

By showing how and when Users use the Web Site, cookies help Us see which areas of the Web Site are popular and which are not. Many improvements and updates to the Web Site are based on such data as total number of visitors and pages viewed. This information is most easily tracked with cookies.

Most cookies expire after a defined period of time, or You can delete Your cookie file at any time. Most Web browsers are initially set up to accept cookies. You can reset Your Web browser to refuse cookies or to indicate when a cookie is being sent. However, note that some parts of Fundamentals Plus and/or Fundamentals Plus-affiliates' services will not function properly or may be considerably slower if You refuse cookies. For example, without cookies, You will not be able to set personalized preferences, and/or may have difficulty completing marketing transactions.

Fundamentals Plus and/or Fundamentals Plus-affiliates have two (2) primary uses for cookies. First, We use them to specify a User's preferences. Second, We use cookies to track Web site usage trends and patterns. This helps Us understand Our Users' needs better and improve areas of Our Web Site. While both of these activities depend on the use of cookies, You have the option of disabling (refusing) the cookies via Your Web browser preferences.
You may occasionally get cookies from Our business partners. Fundamentals Plus and/or Fundamentals Plus-affiliates do not control these cookies. The use of advertising cookies sent by such third-party Web servers is standard in the Internet industry.

With Whom Does Fundamentals Plus Share Information?
As a general rule, Fundamentals Plus will not disclose any specific personal information that You submit to Us about You ("Personal Information") in a manner that connects You with the Personal Information, except when We have Your permission or under special circumstances, such as when We believe in good faith that the law requires it or under the circumstances described below. The following describes some of the ways that Your Personal Information may be disclosed.

Instructors & Sponsors:
Fundamentals Plus may disclose some or all of Your Personal Information to business partners or sponsors, but this use will be specifically described to You prior to data collection or prior to transferring the data. Our Website offers opportunities to request additional information from sponsors. By requesting more information, You give Fundamentals Plus permission to transfer Your Personal Information to the sponsor so they can fulfill Your request. In many instances, only Your e-mail address will be shared. If more Personal Information will be shared with the sponsor, You will be notified prior to the transfer.

Third Party & Aggregate Data:
From time to time, You may be offered the opportunity to receive materials or special offers from third parties. If You opt to receive information from these third parties, Fundamentals Plus will (with Your permission) share Your name and e-mail address with such third parties. Under confidentiality agreements, Fundamentals Plus may match Personal Information with third party data. Also, Fundamentals Plus may keep track of what portions of the Web Site Users are visiting and other User statistics, and aggregate this information to help Us create a better experience for Users of Our Web Site. This is all done without knowing Your name or other Personal Information in order to describe Our viewers and services to prospective partners, advertisers, and other third parties, and for other lawful purposes.

Other:
Fundamentals Plus may also disclose account information in special cases when We have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating Our Terms of Use, or may be causing injury to or interference (either intentionally or unintentionally) with any of Fundamentals Plus's rights or property, other Users, or anyone else. Fundamentals Plus may disclose or access account information when We believe in good faith that the law requires it and for administrative and other purposes that We deem necessary to maintain, service, and improve Our products and services.
How Can You Control the Usage Of Information?

In case You change Your mind or some personal information changes (such as Your zip code or e-mail address), We will try to provide a way to correct, update or remove the personal information that You give us. We also give You the opportunity to control the communications We direct to You. If a User wishes to update personal information or objects to any usage provided herein for any reason, he/she may contact: Fundamentals Plus at (203) 557-0800.

What Happens When You Link to a Third Party Site?
You should be aware that when You are on Fundamentals Plus's and/or Fundamentals Plus-affiliates' Web Site You can hyperlink, or be directed to, other Web sites that are beyond Our control and/or outside Our service. For example, if You "click" on a banner advertisement or a Fundamentals Plus search result, the "click" may transfer You off Our Web Site. These other Web sites may include sites of advertisers, sponsors, and partners that may use Our and/or Fundamentals Plus-affiliates' logo as part of a co-branding agreement. These other Web sites may send their own cookies to Users, collect data, or solicit Information.

Fundamentals Plus and Fundamentals Plus-affiliates do not control such Web sites, and, therefore, are not responsible for their contents or the hyperlinks or advertising they choose to place on such Web sites. Fundamentals Plus's and/or Fundamentals Plus-affiliates' inclusion of hyperlinks to these Web sites do not imply any endorsement of the material on such Web sites or any association with their operators. Our Privacy Policy does not extend to anything that is inherent in the operation of the Internet, which is beyond Fundamentals Plus's and/or Fundamentals Plus-affiliates' control.

Please keep in mind that whenever You give out information on-line (for example, via message boards or forums) that information can be collected and used by people You do not know. While Fundamentals Plus and Fundamentals Plus-affiliates strive to protect Users' information and privacy, We cannot guarantee the security of any information You disclose on-line, and You disclose such information at Your own risk.

Is Information Secure from Others Using the Fundamentals Plus Web Site?
The security of all information associated with Our Users is an important concern to Us. We exercise care in providing secure transmission of Your information from Your computer to Our servers. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while We strive to protect Your information, Fundamentals Plus and Fundamentals Plus-affiliates can't ensure or warrant the security of any information You transmit to Us or from Our on-line products or services, and You do so at Your own risk. Once We receive Your transmission, Fundamentals Plus uses industry standard efforts to safeguard the confidentiality of Your information, such as firewalls and Secure Socket Layers (SSL). However, "perfect security" does not exist on the Internet.

YOUR ACCEPTANCE OF THE TERMS OF THIS PRIVACY POLICY
By using Our Web Site, You signify Your agreement to Fundamentals Plus's Privacy Policy. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY, PLEASE DO NOT USE THIS WEB SITE. Your continued use of Fundamentals Plus's and/or Fundamentals Plus-affiliates' Web sites following the posting of changes to these terms will mean You accept those changes.

Effective Date: This policy was last updated on February 4, 2009.

All Fundamentals Plus logos and marks as well as all other proprietary materials depicted herein are the property of Fundamentals Plus Corporation and/or its subsidiaries. © Copyright 2009. All rights reserved.

Website Terms of Use

Welcome to this Fundamentals Plus Website (this "Website"). Fundamentals Plus provides this Website subject to the following terms of use (these "Terms"). These Terms explain a contractual agreement between you ( "User," "You," "Your") and Fundamentals Plus ( "We," "Us," "Our") regarding Your use of this Website. You should print a copy of these Terms for Your records. Please note, however, that We may update and amend these Terms from time to time.

1. WHAT YOU SHOULD KNOW
The goal of this Website is to provide You with access to information about Our services, products, facilities and related links to meet Your needs (the "Content"). The Terms are meant to protect all of Our visitors to this Website, and Your access to and use of this Website signifies Your agreement with these Terms. DO NOT USE THIS WEBSITE IF YOU DO NOT AGREE WITH THESE TERMS. We reserve the right, in Our sole discretion, to modify, alter or otherwise update these Terms at any time. Such modifications, alterations, and updates shall be effective immediately upon posting. You agree to be bound by such modified, altered, and updated Terms if You access or use this Website after We have posted notice of such modifications, alterations or updates.

Consistent with Our goals, this Website may permit You to link to many other Websites that may or may not be affiliated with this Website and/or with Us. The other linked Websites have different terms of use that are not the same as these Terms. Your access to and use of such linked Websites through links provided on this Website is governed by the terms of use and policies of those sites, not this Website.

2. PRIVACY
Registration data and certain other information about You is subject to our Privacy Policy. For more information, please review Our Privacy Policy.

3. USE OF THIS WEBSITE
We control and operate this Website. All Content on this Website, including, but not limited to, text, photographs, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by United States and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes). The Content is owned and controlled by Us or Our affiliates, or by third party content providers, merchants, sponsors and licensors (collectively the "Providers") that have licensed their content or the right to market their products and/or services to Us. Content on this Website or any Website owned, operated, licensed or controlled by the Providers is solely for Your personal, non-commercial use. You agree to abide by all additional copyright notices, information, or restrictions contained in any Content. You may download a single copy of any Content contained on this Website, solely for Your personal, non-commercial use, consistent with these Terms, provided that You maintain all copyright and other notices contained in such Content.

You may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the Content in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of Us or the Providers. You may request consent by emailing a request to Fundamentals Plus at [email address]. Your modification of the Content, use of the Content on any other Website or networked computer environment, or use of the Content for any purpose other than personal, non-commercial use, without the prior written consent of Us or the Providers, violates the intellectual property rights and proprietary rights of the Content owners and is prohibited.

You may not use on Your Website any registered or unregistered trademarks, service marks or copyrighted materials appearing on this Website, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame, deep link, or otherwise incorporate into another Website any of the Content or other materials on this Website without Our express prior written consent.

Violation of trademark and copyright laws may result in significant civil liability or criminal penalties under United States and/or worldwide copyright and trademark laws. You recognize that any reproduction or use of Content, except as authorized by these Terms, is considered intentional infringement.

4. USER'S RESPONSIBILITIES
You warrant and represent to Us that You will not use this Website for any purpose that is unlawful or prohibited by these Terms, including without limitation the posting or transmitting any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material. If You violate any of these Terms, Your permission to use this Website immediately terminates without the necessity of any notice. We retain the right to deny access to anyone at Our discretion for any reason, including for violation of these Terms.

You are solely responsible for Your Information, and We act as a passive conduit for Your online distribution and publication of Your Information. As used in these Terms, "Information" means any information or data that You submit to this Website and any information or data that is generated by this Website as a result of Your use of this Website.

In the event that You are provided with User identification numbers or codes (collectively, " ID's"), confirmation numbers, and/or passwords (as applicable) in the use of this Website, You shall maintain such User ID's, confirmation numbers, and/or passwords in confidence and You agree not to distribute or disclose the same to third parties. It is Your responsibility to notify Us if We need to change or discontinue any of Your ID's, confirmation numbers, or passwords. It is also Your responsibility to immediately request discontinuation of an ID, confirmation number, or password upon Your knowledge or belief that such ID, confirmation number, and/or password is, or may be subject to, a breach of confidentiality. We may suspend or terminate Your service or access to this Website if We believe a breach of these Terms has occurred.

You agree to provide true, accurate, current and complete Information. If You provide any Information that is untrue, inaccurate, not current or incomplete (or We have reasonable grounds to suspect that such Information is untrue, inaccurate, not current or incomplete), We have the right to suspend or terminate Your access and activity, and refuse any and all current or future use of this Website and its related products or services.

5. PROHIBITED ACTIVITIES
You are specifically prohibited from any use of this Website, and You agree not to use or permit others to use this Website, for any of the following: (a) take any action that imposes an unreasonable or disproportionately large load on the Website's infrastructure, including but not limited to "spam" or other such unsolicited mass e-mailing techniques; (b) disclose to, or share with, the assigned confirmation numbers and/or passwords with any unauthorized third parties or using the assigned confirmation numbers and/or passwords for any unauthorized purpose; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software or HTML code comprising or in any way making up a part of this Website; (d) upload, post, emailing or otherwise transmitting any Information, Content, or proprietary rights that You do not have a right to transmit under any law or under contractual or fiduciary relationships; (e) violating any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law; and, (f) using any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy Our Web pages, or the Content without Our prior written permission, provided that generally available third party Web browsers such as Netscape Navigator® and Microsoft Internet Explorer® may be used without such permission.

6. INFORMATION POSTED TO WEBSITE
With respect to all Information You elect to post to publicly accessible areas of the Website, You agree that We have the right to use, reproduce, modify, publish, perform and display such Information (in whole or part) worldwide; provided that such use is subject to the terms of Our Privacy Policy.

You acknowledge and agree that We may preserve Information and may also disclose Information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Information violates the rights of third parties; or (d) protect the rights, property, or personal safety of Our business, employees, Providers, affiliates, users, and/or the public.

7. LINKS TO OTHER WEBSITES
This Website may contain links to third party and/or other Fundamentals Plus-affiliated Websites not under Our control or operation (the "Linked Sites"). The links will let You leave this Website, and You access them at Your own risk. You acknowledge that We provide the Linked Sites for Your convenience and information only. We do not endorse nor are We responsible for any content, information, or other related materials found at any such Linked Sites or any links contained within such Linked Sites, whether or not We are affiliated with the owners of such Linked Sites. Moreover, We do not control any use of content, information or other related material that You provide to, or is collected and/or tracked by, such Linked Sites. Such use by Linked Sites is governed by the terms of use statements and/or privacy policies of such Linked Sites, not this Website, and as a result may differ from Ours. You may not establish a hyperlink to this Website or provide any links that state or imply any sponsorship or endorsement of Your Website by Us or the Providers.

8. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through this Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings are solely between You and such advertiser. You agree that We (and the Providers) shall neither be responsible nor liable for any loss or damage incurred by You as the result of any such dealings or as the result of the presence of such advertisers on this Website.

9. NO WARRANTIES
ALL CONTENT ON THIS WEBSITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH, UNDER THE U.S. LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

NEITHER WE, OUR AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEBSITE, WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS WEBSITE IS PROVIDED SOLELY FOR YOUR PERSONAL USE AND INFORMATION ONLY. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE, OR AS TO THE RELIABILITY, ACCURACY, USEFULNESS, OR CURRENCY OF ANY CONTENT, SERVICE, AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THIS WEBSITE.

ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS, OR OTHER INFORMATION EXPRESSED OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING IN THE LINKED SITES) ARE THOSE OF THE RESPECTIVE AUTHORS OR DISTRIBUTORS OF SUCH CONTENT.
YOU USE THIS WEBSITE AT YOUR OWN RISK. YOU (AND NOT US) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING (INCLUDING WITHOUT LIMITATION YOUR INTERNET CONNECTION) AND REPAIR OR CORRECTION OF YOUR SYSTEM.

10. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE NOR OUR AFFILIATED OR RELATED ENTITIES (INCLUDING PROVIDERS), NOR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEBSITE, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION FROM THE USE OR ATTEMPTED USE OF THIS WEBSITE OR ANY OTHER LINKED SITE.

WE AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM: PERSONAL INJURY, CANCELLATION, FORCE MAJEURE, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF CONTENT, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEBSITE. MOREOVER, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES.

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this Section 10 will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of Us and the Providers, and to all respective officers, directors, employees, representatives, attorneys, and agents.

11. GOVERNING LAW AND JURISDICTION
We operate this Website (excluding Linked Sites) from Our offices within the State of Connecticut. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Connecticut, by accessing this Website, You agree that these Terms and Your use of the Website shall be governed in all respect by the internal substantive laws of the State of Connecticut, without regard to conflict of laws provisions and shall not be governed by the United Nations Convention on the International Sale of Goods. You further submit to exclusive jurisdiction and venue in the state and federal courts located in the State of Connecticut for all disputes, cases and controversies regarding this Website, Your use of this Website, and Your relationship with Us. We make no representation that materials on this Website are appropriate or available for use in other locations, and accessing them from territories where the Content is illegal is prohibited. Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with local laws, including laws regarding the transmission of technical data exported from the United States or the country in which You reside.

12. INDEMNIFICATION
We reserve the right to report any wrongdoing, if and when We become aware of it, to any applicable government agencies. You agree to indemnify, defend and hold Us and the Providers, Our and their officers, directors, employees, affiliates, agents, licensors, and suppliers harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting from Your use of this Website, Your breach of any provision of these Terms and/or any negligent acts, omissions or intentional wrongdoing by You. Any such indemnification shall be conditioned on Our: (a) notifying You in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with You in the defense or settlement thereof; and (c) allowing You to control such defense or settlement. We shall be entitled to participate in such defense at Our own cost and expense.

13. MESSAGE BOARDS
In the event that We provide message boards or discussion forums on this Website (the "Forums"), You agree to use the Forums only in a noncommercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, advertising, or written solicitation for goods and services. You agree that any uploaded materials may be republished without compensation to You or any other person or entity. In addition, You warrant that all moral rights in any uploaded materials have been waived. While We do not and cannot review every message posted by You or any other User in the Forums, and although We are not responsible for these messages, We reserve the right (but not the obligation) to delete, move, or edit messages that We, in our sole discretion, deem abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable. We do not endorse any Information posted on this Website.

You agree that You must evaluate, and bear all risks associated with, the use of any messages, Information, or Content, including any reliance on the accuracy, completeness, or usefulness of such messages, Information, or Content. In this regard, You acknowledge that You may not rely on any Content We create or information submitted to Us by third parties, including without limitation, information in the Forums, and in all other parts of this Website.

14. OTHER GENERAL PROVISIONS
These Terms are for the benefit of Us and the Providers, Our and their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against You on its (or their own) behalf. Our failure to act with respect to a breach by You or others does not waive Our right to act with respect to subsequent or similar breaches.

If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and the remaining provisions enforced. Headings are for reference purposes only.

You and We are dealing at arms' length, creating a commercial relationship. We are not Your Agent or Your fiduciary. All of Our service providers, instructors, sponsors and facilities are independently owned and operated. They manage and operate the services, products and facilities, and they are the employers of all employees and contractors who may work on their behalf. They are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.

The provisions and conditions of these Terms, and each obligation referenced herein, represent the entire Agreement between Us (including the Providers), Our affiliated or related entities, and You, and supersede any prior agreements or understandings not incorporated herein. In the event that any inconsistencies exist between these Terms and any future published terms of use or understanding, the last published Terms shall prevail.

WE RESERVE ANY RIGHTS NOT EXPRESSLY GRANTED OR STATED IN THESE TERMS.

All Fundamentals Plus logos and marks as well as all other proprietary materials depicted herein are the property of Fundamentals Plus and/or its subsidiaries. © Copyright 2009. All rights reserved.