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Family Enterprise Leadership System (FELS)

TERMS OF USE


THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE OF THE FAMILY ENTERPRISE LEADERSHIP SYSTEM (FELS) WEB SITE WWW.FAMILYENTERPRISELEADERS.COM AND THE FEL SYSTEM TOOL ACCESSIBLE THEREIN. YOUR VIEWING OR USE OF THIS SITE OR THE Assessment WILL CONSTITUTE YOUR AGREEMENT, ON BEHALF OF YOURSELF AND THE ENTITY YOU REPRESENT (HEREINAFTER COLLECTIVELY "YOU" OR "YOUR"), TO ALL OF THE TERMS AND CONDITIONS PROVIDED BELOW. FELS MAY MAKE FUTURE CHANGES OR MODIFICATIONS TO SUCH TERMS AND CONDITIONS AT ANY TIME WITHOUT NOTICE AND YOUR SUBSEQUENT VIEWING OR USE OF FELS AND/OR THE ASSESSMENT WILL CONSTITUTE YOUR AGREEMENT TO THE CHANGES AND MODIFICATIONS.

Section 1. Use. The Assessment is provided solely for Your use as an evaluation tool and may not be used by any other person or entity, or for any other purpose. Specifically, You may only gain access to the Assessment (and obtain subsequent evaluation results) after You have paid FELS for such use through the Internet Payment option or through a separate agreement entered into with FELS or a person/entity authorized by FELS. Any attempt to access the Assessment for evaluation purposes contrary to this provision is strictly prohibited.

Section 2. FELS ASSESSMENT Registration. You must register with FELS to access the features of the Assessment and to obtain feedback regarding Your use of the Assessment. FELS registration provides you with access to The FELS Assessment evaluation tool by providing you with a one-time use password. By registering with FELS You agree to provide accurate and current information about Yourself as prompted by the FELS registration form. After registering with FELS you will be provided a single-use password by FELS. You are responsible for maintaining the confidentiality of the Password, and you are responsible for all activities that occur under Your Password. You understand your Password will give you access to the Assessment evaluation tool only once. Any subsequent desired use of the Assessment evaluation tool will require you to re-register with FAMILYENTERPRISELEADERS.COM.

Section 3. Term. FELS may discontinue, suspend or modify FELS and Your use of the FELS Assessment at any time without notice, and FELS may block, terminate or suspend Your access to FELS or the FELS Assessment at any time for any reason in its sole discretion, even if access continues to be allowed to others. However, if such access is blocked, terminated or suspended, FELS shall refund any monies paid by You for such access. Such refund shall be provided upon request and shall be sent to the address You provided on the registration form when You registered with FAMILYENTERPRISELEADERS.COM.

Section 4. Ownership. FELS and its Content are protected by United States and international copyright, trademark and other laws. 2003 FELS. All rights reserved.

Section 5. Disclaimer of Warranty. FELS AND ITS CONTENT (INCLUDING BUT NOT LIMITED TO THE FELS ASSESSMENT) ARE PROVIDED "AS IS". FELS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND/OR DISTRIBUTORS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, REGARDING ANY SUCH CONTENT AND YOUR ABILIITY OR INABILITY TO USE FELS (INCLUDING THE FELS ASSESSMENT) AND ITS CONTENT. YOU UNDERSTAND AND AGREE THAT THE FELS ASSESSMENT DOES NOT PRODUCE STATISTICAL RESULTS. THE EVALUATION RESULTS YOU RECEIVE ARE DEPENDENT UPON INFORMATION PROVIDED BY YOU AND ARE SUGGESTIVE OF ISSUES AND CONDITIONS IN THE EVALUATED COMPANY/ENTITY. FELS CAN NOT BE RESPONSIBLE FOR THE ACCURACY AND COMPLETENESS OF THE INFORMATION PROVIDED BY YOU AND THEREFORE CAN NOT WARRANT THE EVALUATION RESULTS.

Section 6. Limitation of Liability. USE OF FELS AND ITS CONTENT (INCLUDING THE FELS ASSESSMENT) IS AT YOUR SOLE RISK. FELS WILL IN NO EVENT BE LIABLE TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES UNDER ANY THEORY OF LAW FOR ANY ERRORS IN OR THE USE OF OR INABILITY TO USE THE FELS AND ITS CONTENT OR THE RESULTS OF THE FELS ASSESSMENT EVALUATION TOOL INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS, DATA, OR DAMAGE TO ANY COMPUTER SYSTEMS, EVEN IF YOU HAVE ADVISED FELS OF THE POSSIBILITY OF SUCH DAMAGES.

Section 7. Indemnity. You hereby release, and agree to indemnify and hold harmless FELS its respective officers, directors, employees and agents from any and all claims, demands, causes of actions, liabilities, damages, costs and expenses, including reasonable attorneys' fees, arising out of Your use or viewing of FELS and its Content and/or use of or inability to use the FELS Assessment.

Section 8. Controlling Law and Severability. This Agreement and Your use of FELS is governed by and construed in accordance with the laws of the United States and the State of Pennsylvania, excluding its conflict of laws provisions. Any dispute relating thereto must be brought in a court of competent jurisdiction within Bethlehem, Pennsylvania.

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