Terms and Conditions

These Terms and Conditions of Use, together with any documents expressly incorporated by reference (collectively, these “Terms of Use“), constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”, “your”) and Forest Investment Associates (“FIA“, “we”, “us”, or “our”), governing your access to and use of the FIA’s website, (the “Website”).

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you acknowledge that you have read these Terms of Use and that you agree to be bound by them without limitation or qualification. If you do not agree to these Terms, you should please exit the Website, and not use the Website in the future.

Please review our Privacy Policy, which also governs your visit to the Website, to understand our policies with respect to information that we may collect from you when you use the Website. Our Privacy Policy constitutes part of these Terms of Use and is hereby incorporated by reference. FIA reserves the right, at our discretion, to change these Terms of Use and our Privacy Policy at any time without prior notice. The revised Terms of Use or Privacy Policy will become effective at the time of posting, and any use of the Website after the effective date constitutes your acceptance of the revised Terms of Use or Privacy Policy. If you do not agree to the revised Terms of Use, do not continue to use the Website. We suggest that you review these Terms of Use and the Privacy Policy periodically for changes.

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with FIA and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website. FIA will not treat users of the Website as its clients by virtue of their accessing and using the Website. Nothing contained in these Terms is intended to modify any other written agreement you may have with FIA, if any, that may be in effect. In the event of any inconsistency between these Terms and any other written agreements with FIA, the terms of the other written agreements shall control. Additional terms and conditions of use may be applicable to password-restricted areas of the Website.

Use of the Website and the Website

Subject to the Terms of Use and conditions of these Terms of Use of Use, the Privacy Policy and all other posted Terms of Use and conditions on the Website, FIA hereby grants you a limited, revocable, non- exclusive, non-sublicensable, personal license to access and use the Website for your informational purposes only. This license will terminate immediately upon your unauthorized use of the Website or of any information or materials available on the Website. Without limiting the generality of the foregoing, any access to the Website by automated inquiry devices, robots, or repetitive data gathering and extraction tools, routines, scripts, or other mechanisms with similar functionality, is expressly prohibited. All rights not expressly granted to you in these Terms of Use are reserved.

Unless otherwise expressly noted, all information and materials, including, without limitation, images, illustrations, designs, icons, photographs, video clips, and written and other materials, that are part of the Website are copyrights, trademarks, service marks, trade names, trade dress and/or other intellectual property owned, controlled or licensed by FIA and/or its affiliates or licensors. These Terms of Use permit you to use the Website for your personal, non-commercial use only. You may not copy, reproduce, republish, modify, upload, post, transmit or distribute the materials or content from the Website, including, without limitation, any text, images, audio and video, nor may you otherwise use such materials or content for public or commercial purposes without FIA’s written permission. However, you may download, where specifically permitted on the Website, one copy of the materials on any single computer for your personal, non-commercial use only, provided you keep intact and properly display all copyright and other proprietary notices. Modification or use of the information or materials for any other purpose may violate the copyright, trademark and other intellectual property rights of FIA and/or its affiliates or licensors. FIA does not grant any license or right to use any registered or unregistered trademarks or service marks displayed on the Website.

You agree not to: (a) “flood,” “spam,” “mailbomb” or overload any of the Website or otherwise take any action that may result in damage, impairment or overload of any of the Website’ infrastructure; (b) use any device, software or routine to attempt to interfere with any of the Website’ functionality or appearance; (c) data mine, data scrape or otherwise attempt to use any software, device, tool or technique (including without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search any of the Website to harvest, extract or collect information from the Website; (d) attempt to decompile, disassemble or reverse-engineer any of the Website’ source code or software; (e) impersonate any person or entity other than yourself or create a user account for anyone other than yourself; (f) create another user account without permission if FIA has suspended or terminated your user account; (g) use the Website to violate anyone’s rights or applicable laws or regulations or do anything malicious, misleading, defamatory, libelous, abusive, fraudulent, deceptive or discriminatory; (h) assist or encourage violations of these Terms of Use, the Privacy Policy or applicable laws or regulations; (i) use any hidden text or metatags using “FIA” or any of our trademarks, service marks or names without our prior written consent; (j) violate or attempt to violate the security of any of the Website (including without limitation, accessing user accounts, servers or data without authorization, probing or testing the vulnerability of any of the Website’ authentication measures, security or system infrastructure without proper authorization, or otherwise interfere with service to any user, host or network); or (k) in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

If you violate any part of these Terms of Use, your permission to access or use the Website and content of the Website automatically terminates and you must immediately destroy any copies of such content in your possession or control. We reserve the right, in our sole discretion and without notice to you, to terminate or suspend your user account and your license to use the Website and prevent your future access to and use of the Website.

Disclaimer and Limitation of Liability

NOTHING CONTAINED IN THE WEBSITE CONSTITUTES INVESTMENT, LEGAL OR TAX ADVICE. NEITHER THE INFORMATION, NOR ANY OPINION CONTAINED IN THE WEBSITE CONSTITUTES A SOLICITATION OR OFFER BY FIA, ANY OF ITS AFFILIATES OR ANY FUND OR OTHER ENTITY MANAGED DIRECTLY OR INDIRECTLY BY ANY OF THE FOREGOING, TO BUY OR SELL ANY PARTNERSHIP INTEREST, SECURITIES, FUTURES, OPTIONS OR OTHER FINANCIAL INSTRUMENTS. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING THE INFORMATION PROVIDED ON THE WEBSITE AND ANY DECISIONS BASED ON SUCH INFORMATION. AS A CONDITION OF ACCESSING THE WEBSITE, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, YOU AGREE TO HOLD FIA AND ITS OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES AND AGENTS HARMLESS FROM AND AGAINST ANY CLAIMS WHATSOEVER AND OF ANY NATURE FOR DAMAGES ARISING FROM ANY DECISIONS THAT YOU MAKE BASED ON SUCH INFORMATION.

THE WEBSITE AND ALL INFORMATION AND MATERIALS CONTAINED THEREIN ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND (EITHER EXPRESS OR IMPLIED). FIA MAKES NO WARRANTY THAT THE WEBSITE WILL BE UNINTERRUPTED, RELIABLE, ERROR-FREE, VIRUS-FREE, MALWARE-FREE, CURRENT, ACCURATE OR COMPLETE, OR WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. YOU AGREE THAT TEMPORARY INTERRUPTIONS OF THE WEBSITE MAY OCCUR AND WE HAVE NO CONTROL OVER ANY THIRD PARTY NETWORKS IN CONNECTION WITH OUR SERVICES OR ANY DELAYS OR DISRUPTIONS OF NETWORK TRANSMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS OR OMISSIONS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FIA AND ITS AFFILIATES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL FIA, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE . PLEASE NOTE THAT SOME JURISDICTIONS LIMIT OR PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

Forward Looking Statements

FIA reserves the right to make changes to documents, content, or other information on this web Website without obligation to notify any person of such changes. The Website may contain projections or other forward-looking statements by companies regarding a variety of items. Such forward-looking statements are based upon expectations current as of the date statement is made and involve risks and uncertainties. Actual results may differ materially from those stated in any forward-looking statement based on a number of important factors and risks. Although FIA may indicate and believe that the assumptions underlying the forward-looking statements are reasonable, any of the assumptions could prove inaccurate or incorrect and, therefore, there can be no assurance that the results contemplated in the forward-looking statements will be realized.

Indemnification

By using the Website, you agree to indemnify, hold harmless, and defend FIA and its officers, directors, members, managers, employees, agents, affiliates, suppliers, licensors, successors, and assigns from and against any and all claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, reasonable attorneys’ fees, resulting directly or indirectly from a claim by a third party that is based on your use of this web Website in violation of these Terms of Use.

Jurisdictional Issues

Unless otherwise specified, the materials in or accessible through the Website are directed at residents of the United States, its territories, possessions, and protectorates. The Website are controlled and operated by FIA from its offices within the State of Georgia, United States of America. Neither FIA nor any of its affiliates make any representation that materials in or accessible through the Website are appropriate or available for use in other locations or that access to them where their content is located is not illegal and prohibited. Those who choose to access the Website from other locations do so on their own initiative and are responsible for establishing the legality, usability and correctness of any information or materials under any or all jurisdictions and the compliance of that information or material with local laws, if and to the extent local laws are applicable. You may not use or export the information or materials in violation of U.S. export laws and regulations. The information provided in or accessible through the Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject FIA and/or its affiliates to any registration or other requirement within such jurisdiction or country.

Governing Law and Consent to Jurisdiction

THESE TERMS OF USE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF GEORGIA. YOU AGREE THAT ANY DISPUTE OR ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR YOUR USE OF THE WEBSITE SHALL BE COMMENCED ONLY IN THE STATE OR FEDERAL COURTS LOCATED IN FULTON COUNTY, GEORGIA AND YOU HEREBY CONSENT AND SUBMIT TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSES OF ANY SUCH DISPUTE OR ACTION.

Transmissions to and from the Website

Electronic communications can be intercepted by third parties and, accordingly, electronic mail and other transmissions to and from the Website may not be secure. You are responsible for any content that you post on the Website or submit to us via contact forms on the Website, email, social media accounts or otherwise, including your feedback, comments, questions, ideas, suggestions, survey responses or other information or materials (“User Materials”). By submitting any User Materials, you hereby grant to FIA an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable license to use, display, reproduce, publish, transmit, store, modify and create derivative works of your User Material. Further, if you provide any feedback, suggestions, ideas, know-how or other information (“Feedback”) to FIA via the Website or otherwise, you hereby assign to FIA all rights in the Feedback and agree that FIA may use such Feedback for any purpose without compensation to you. FIA will treat all User Materials and Feedback as non-confidential and non-proprietary, and you agree that you will not submit to FIA any information considered to be confidential or proprietary. You hereby represent and warrant that any User Materials and Feedback you submit to us is either your original content or that you have obtained all necessary rights to your User Materials and Feedback, including the right to authorize us to use your User Materials and Feedback as set forth in these Terms of Use.

Password Security and Notification

Access to certain parts of the Website may require a login. If you have a user name, password or Personal Identification Number (PIN) for access to non-public areas of the Website, you are solely responsible for all activities that occur in connection with your login credentials, and you agree that you will submit complete and accurate registration information as requested by the Website’ registration forms and maintain the accuracy of this information by promptly updating your registration information with any changes. Accordingly, you should take steps to protect the confidentiality of your login credentials. You agree that you will notify FIA immediately if you become aware of any disclosure, loss, theft or unauthorized use of your login credentials. FIA is not responsible or liable for any liability, damages, loss or expenses arising in any way from the use of your login credentials.

Mobile Usage

Mobile usage of the Website requires a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require internet access, which must also be obtained from your service provider. You are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You may be required to send and receive, at your cost, electronic communications related to the Website, including without limitation, administrative messages, service announcements, diagnostic data reports, and Website updates, from FIA, your mobile carrier or third party service provider, and as a result, you may incur additional charges from your wireless service provider in connection with your use of the Website. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the Website, including but not limited to payment of all third party fees associated therewith, including fees for information sent to or through the Website.

Links to Other Web Website and Services

FIA does not review or monitor any website linked from or to the Website (“Third-Party Websites”) and FIA is not responsible for the content of any such Third-Party Websites. If you decide to access Third-Party Websites, you do so at your sole risk. FIA is not responsible for the information, materials, products or services obtained on or from such Third-Party Websites, nor will FIA be liable in any respect whatsoever for any damages arising from your access to such Third-Party Websites. Any links from or to Third-Party Websites are provided merely for the convenience of the users of the Website and the inclusion of these links does not imply an endorsement, representation or warranty by FIA or any of its affiliates with respect to any such Third-Party Websites or the content, products or services contained or accessible through, or the operators of, such Third-Party Websites. In addition, you agree not to link any of your own websites or any Third-Party Websites to the Website without the express prior written consent of FIA. FIA reserves the right, at any time, for any reason not prohibited by law, to deny permission to anyone to link a website from or to the Website.

No waiver by FIA or any of its affiliates of any right under or term or provision of these Terms of Use will be deemed a waiver of any other right, term or provision of these Terms of Use at that time or a waiver of that or any other right, term or provision of these Terms of Use at any other time.

Other

If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use, together with the Privacy Policy and other posted policies on the Website, together represent the entire agreement between FIA, on the one hand, and you, on the other, relating to the subject matter hereof. We may assign the Website and our rights and duties under these Terms of Use, the Privacy Policy and other posted policies in connection with any reorganization, change of control or asset sale in our sole discretion. No course of conduct or trade practice will be deemed to modify these Terms of Use in any respect.

Contact Us

If you have any questions or concerns about these Terms of Use, please contact us by email at info@forestinvest.com or write to us at:

Forest Investment Associates

15 Piedmont Center

Suite 1250

Atlanta, GA 30305

 

END OF AGREEMENT Updated: July 28, 2020