Terms and Conditions

IMPORTANT! AS WITH ALL CONTRACTS, IF YOU ARE UNDER THE AGE OF 18, YOU MUST HAVE YOUR PARENT OR GUARDIAN READ THE AGREEMENT BELOW AND AGREE TO IT FOR YOU. IF YOU DON'T GET YOUR PARENT OR GUARDIAN TO READ AND AGREE TO THIS, YOU DON'T HAVE PERMISSION TO USE THIS SITE. ALWAYS GET AN ADULT'S PERMISSION BEFORE GOING ONLINE.

FORTUIGENCE TERMS OF SERVICE

PLEASE READ THESE TERMS OF SERVICE ("AGREEMENT") CAREFULLY BEFORE USING THE SERVICES OFFERED BY BOOMERANG LLC DBA FORTUIGENCE. ("COMPANY"). BY VISITING THE WEBSITES OR USING THE SERVICES OF THE COMPANY IN ANY MANNER, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY AND A PARTY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THE AGREEMENT, YOU HAVE NO RIGHT TO USE ANY WEBSITES OR SERVICES. USE OF THE WEBSITES OR SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS. FOR CLARITY, THIRD PARTY SOFTWARE MAY BE AVAILABLE VIA COMPANY WEBSITES OR SERVICES ("THIRD PARTY SOFTWARE"). SUCH THIRD PARTY SOFTWARE IS BEING PROVIDED BY SUCH THIRD PARTY AND NOT BY COMPANY, AND COMPANY HAS NO RESPONSIBILITY THEREFOR. IN ADDITION TO THE TERMS OF THIS AGREEMENT WITH RESPECT TO THIRD PARTY SOFTWARE, YOUR DOWNLOAD OR USE OF SUCH THIRD PARTY SOFTWARE SHALL BE GOVERNED BY THE TERMS OF ANY AGREEMENT BETWEEN YOU AND SUCH THIRD PARTY.

1. ACCESS TO THE SERVICES

The fortuigence.com website and domain name and all other websites and domain names affiliated with Fortuigence, and any other linked pages or content offered from by Fortuigence in connection therewith (collectively, the "Website") are owned or operated by Fortuigence. Subject to the terms and conditions of this Agreement, Fortuigence may provide certain services through the Website (the "Services"), as described more fully on the Website. You may only use the Services for your internal, non-commercial, educational use. The term "Services" shall include, without limitation, any service Fortuigence performs for you and the content offered by Fortuigence on the Website. Fortuigence may change, suspend or discontinue all or any part of the Services at any time. Fortuigence also may impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. Fortuigence reserves the right, in its sole discretion, to modify this Agreement at any time by posting a notice on the Website, or by sending you a notice via email. You shall be responsible for reviewing any such modifications. Your use of the Services or the Website following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.

You represent and warrant to Fortuigence that: (i) you are of legal age to form a binding contract (or, if you are a minor, you have your parent's permission to use the Services, and your parent has read and agrees to this Agreement on your behalf); (ii) all registration information you submit is accurate and truthful; (iii) you will maintain the accuracy of such information; (iv) if you are accepting this Agreement on behalf of an institution, company or other legal entity, you have the authority to bind that institution, company or legal entity to this Agreement. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.

You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access, or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.

2. USE BY CHILDREN

Fortuigence collects limited personal information from minor students, for the use and benefit of the learning environment. Fortuigence requires schools, districts, and/or teachers to obtain parental consent from students' parents before collecting any such personal information. If you are a student, please do not send any personal information about yourself to us, other than what we request from you when you sign up for the Services. In the event that we learn that we have collected personal information from a student without parental consent being obtained by his or her school, district, and/or teacher, or if we learn a student has provided us personal information beyond what we request when he or she signs up for the Website, we will delete that information as quickly as possible. If you believe that a student may have provided us personal information beyond what is requested when signing up for the Website, please contact us at support@fortuigence.com.

3. ADDITIONAL TERMS

For information regarding Fortuigence's treatment of personally identifiable information, please review Fortuigence’'s current Privacy Policy, which is hereby incorporated into this Agreement by reference.

A) If you are a student, the following terms also apply to you:

1. Your parent or guardian must read this Agreement before using the Website.

2. You will only access the Services using the access code given to you by your teacher. You may not use any access codes which you receive from other students or which you did not directly receive from your own teacher.

B) If you are accessing the Services as a teacher, the following terms also apply to you:

1. You represent and warrant that you have permission from your school and/or district to enter into this Agreement and to use the Services as part of your curriculum. You further represent and warrant that you are entering into this Agreement on behalf of your school, and that you have authority to bind your school to the terms of this Agreement.

2. You represent and warrant that you are solely responsible for complying with COPPA, which requires parental consent for online collection of personal information from children under 13. You must obtain Consent from all parents whose children will be accessing the Services. You are responsible for understanding how any Third Party Software that you install on behalf of yourself or other users may collect and use information of users of the Fortuigence's Services, and you must also obtain Consent from all parents whose children will be using any such Third Party Software that you install. When obtaining Consent, you must provide parents with a copy of our Privacy Policy (located at http://www.fortuigence.com/privacy) You must keep signed Consents on file and provide them to Fortuigence upon our request. You must keep signed Consents on file and provide them to Fortuigence upon our request. For more information on COPPA, please see http://business.ftc.gov/privacy-and-security.

C) If you are accessing the Services as a parent, the following terms also apply to you:

1. You will only use the parent code(s) provided to you by your child or children's teacher(s). You agree not to use any access code to access the account or information about anyone other than the child for whom the access code was provided.

2. You understand that your acceptance of this Agreement indicates that you are agreeing to these terms both on your own behalf as well as on behalf of your child or children who use the Website. Children under 18 must not use the Website, however, until a parent has accepted this Agreement on their behalf.

4. WEBSITE CONTENT

The Website and its contents are intended solely for the personal, non-commercial use of Website users and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Website (including, but not limited to text, graphics, articles, photographs, images, illustrations (also known as the "Content")) are protected by copyright and other intellectual property laws. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.

The Website is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section 4), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.

You may download or copy the Content (and other items displayed on the Website for download) for personal non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content other than personal, noncommercial use is expressly prohibited without prior written permission from Fortuigence or from the copyright holder identified in such Content's copyright notice. You shall not link to the Website without Fortuigence's prior written consent, except in accordance with the terms of this Agreement.

Under no circumstances will Fortuigence be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.

5. YOUR WARRANTY

You warrant, represent and agree that you will not contribute any Content or otherwise use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or (iv) jeopardizes the security of your account in any way, such as allowing someone else access to your account or password. Fortuigence reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Fortuigence is concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not Fortuigence, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to Fortuigence and to grant Fortuigence the rights to use such information in connection with the Services and as otherwise provided herein.

6. RESTRICTIONS

You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Fortuigence user. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or "spam" on the Services, or any processes that run or are activated while you are not logged on to the Website, or that otherwise interfere with the proper working of or place an unreasonable load on the Services' infrastructure. Further, the use of manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Website is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services. You may not transfer your account to anyone without express prior written consent of Fortuigence.

7. WARRANTY DISCLAIMER

Fortuigence has no special relationship with or fiduciary duty to you. You acknowledge that Fortuigence has no control over, and no duty to take any action regarding: which users gains access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Fortuigence from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Fortuigence makes no representations concerning any content contained in or accessed through the Services, and Fortuigence will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. Fortuigence makes no representations or warranties regarding suggestions or recommendations of services or products (including Third Party Software provided by publishers) offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) the Services are provided "AS IS" without any warranty of any kind from Fortuigence or others unless, with respect to others (only), otherwise made expressly and unambiguously in writing by a designated third party for a specific product. THE SERVICES, CONTENT, WEBSITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

8. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL COMPANY BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, OR DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE OR SERVICES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

9. REGISTRATION AND SECURITY

As a condition to using Services, you may be required to register with Fortuigence and select a password and user name ("Fortuigence User ID"). You shall provide Fortuigence with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account and/or all accounts associated with Fortuigence. You may not select or use as a Fortuigence User ID a name of another person with the intent to impersonate that person or use as a Fortuigence User ID a name subject to any rights of a person other than you without appropriate authorization. Fortuigence reserves the right to refuse registration of or cancel a Fortuigence User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password.

10. INDEMNITY

You will indemnify and hold Fortuigence, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys' fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.

11. FEES AND PAYMENT

Access to the our courses designated as “free” is free of charge, but you are required to pay for our courses designated as “paid” courses.

12. THIRD PARTY WEBSITES AND SERVICES

The Services may contain links or connections to third party websites or services that are not owned or controlled by Fortuigence. When you access third party websites or use third party services (including, without limitation, your use of Third Party Software), you do so at your own risk. Fortuigence encourages you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize. Fortuigence has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, Fortuigence will not and cannot monitor, verify, censor or edit the content of any third party site or service (including without limitation the Third Party Software). By using the Services, you expressly relieve and hold harmless Fortuigence from any and all liability arising from your use of any third party website or service. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties (including without limitation Publishers). You agree that Fortuigence shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Fortuigence is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Fortuigence, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our service. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

13. TERMINATION

This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services or your account at any time by contacting us at support@fortuigence.com. Fortuigence may suspend or terminate your access to the Services, Website or your account at any time, for any reason (without cause or for your violation of any term of this Agreement), and without warning or notice, which may result in the forfeiture and destruction of all information associated with your membership. Upon termination of your account, your right to use the Services, access the Website, and any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

14. MISCELLANEOUS

The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. Fortuigence shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Fortuigence's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with Fortuigence's prior written consent. Fortuigence may transfer, assign or delegate this Agreement and its rights and obligations without consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. This Agreement and any subsequent versions of this Agreement posted to the Website will be deemed a writing signed by both parties. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Fortuigence in any respect whatsoever.

15. CONTACT

If you have any questions, complaints, or claims with respect to the Services, you may contact us at support@fortuigence.com

© Boomerang, LLC. Fortuigence and Essay Rockstar are trademarks of Boomerang, LLC.
All Rights Reserved.

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