These Terms of Use govern your use of the forthrecruiting.com website (“website”). In Addition, it exempts Forth Recruiting, Inc. (Forth) and other persons from liability and/or limits their liability. It also contains other important provisions that you should read. 
 
1. Your Acceptance of these Terms of Use
These Terms and Use constitute an agreement between you (which term includes, if applicable, the company and/or other entity on whose behalf you are accessing this Web Site) and Forth Recruiting, Inc., and governs your use of the Website, including all content, information and services provided through the Website. The Website should be accessed and used only by individuals who have reached the age of majority in their jurisdiction of residence and can form legally binding contracts under applicable law.

Each time you use the Website, you indicate your complete acceptance and agreement to be bound by these Terms of Use. If you do not agree with every provision of this Agreement, do not access or use the Website.

2. Scope of these Terms of Use
These Terms of Use are in addition to and supplement all written agreements between you and Forth Recruiting, Inc. In the event of any inconsistency or conflict between these Terms of Use and other written contracts, other agreements shall control and take precedence.

3. Changes to these Terms of Use or the Web Site
Forth Recruiting, Inc. may, in its sole discretion and for any reason, change, supplement, or amend these Terms of Use from time to time as they relate to your future use of the Web Site, without prior notice or liability to you or any other person. Your continued use of this Web Site after posting any revised Terms of Use will constitute your acceptance of such modified Terms of Use. You may not change, supplement, or amend these Terms of Use in any manner.

In addition, Forth Recruiting, Inc. may, at any time and for any reason and in its sole discretion, change, suspend, or terminate, temporarily or permanently, the Web Site or any part of it.

4. Permission to Use the Web Site
You may download, view, copy, and print information, materials, and any other aspect of this Website (i) solely for your personal, informational purposes and (ii) provided that neither the materials nor any proprietary notices or disclaimers therein are modified or altered. Except as expressly stated above or otherwise in these Terms of Use, the Website may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of Forth Recruiting, Inc. The Website may be accessed and used only using commercially available, SSL-capable Web browser software.

You may not access the Website in any manner that imposes an unreasonable load on it. Further, you agree not to interfere, in any way, with others’ use of or access to the Web Site and will not attempt to gain unauthorized access to the account or computer system of any other Website user. The Website may be used only for lawful purposes, and you agree not to take any action concerning your use of the Site that violates any treaty, law, or regulation.

You may no longer use the Website if you breach any provision of these Terms of Use. Further, Forth Recruiting, Inc. may restrict, suspend, or terminate (in whole or in part) your permission to access or use the Website, all without any notice or liability to you or any other person.

5. Errors
Forth Recruiting, Inc. endeavors to provide accurate information through the website. Nevertheless, errors may occur from time to time. Accordingly, Forth Recruiting, Inc. reserves the right to change information available through the Website at any time and from time to time without any prior notice or liability to you or any other person.

6. Disclaimer, Liability Exclusion, Liability Limitation, Release, and Indemnity
Neither Forth Recruiting, Inc. nor its affiliates or any of its providers, contractors, or licensors (collectively, “Affiliates and Providers”) accept any liability for your use of the Website. Therefore, the following provisions apply to your use of the Web Site.

Disclaimer
Your use of the website is at your own risk. The web site is provided on an “as is” and “as available” basis, and without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation representations, warranties or conditions of title, non-infringement, merchantability, fitness for a particular purpose, performance, availability, timeless, accuracy or completeness, all of which are hereby disclaimed by Forth Recruiting, Inc. and its affiliates and providers to the fullest extent permitted by law.

There will not be any representations, warranties, or conditions created by a course of dealing, course of performance, or trade usage. You are solely responsible for obtaining, configuring, and maintaining all computer hardware, software, telephone services, and other equipment and services necessary for you to use the website.

The Internet is not a secure medium and may be subject to interruption and disruption and inadvertent or deliberate breaches of security and privacy. The website's operation may be affected by numerous factors beyond Forth Recruiting, Inc.’s control. The website's operation may not be continuous or uninterrupted, secure or private.

Forth Recruiting, Inc. and its affiliates and providers will not be liable to you or any other person for any loss or damages suffered by you or any other person as a result of any failure or refusal by Forth Recruiting, Inc. to give effect to, or for any failure or delay by Forth Recruiting, Inc. in receiving, accessing, processing or accepting, any communication sent to Forth Recruiting, Inc. through the web site or email, or for any loss or damages suffered as a result of the operational failure, malfunction, interruption, change, amendment or withdrawal of the web site or email services.

Without limiting the generality of the foregoing, Forth Recruiting, Inc. and its affiliates and providers make no representation, warranty or condition that: (A) The website will be compatible with your computer and related equipment and software; (B) The website will be available or will function without interruption or will be free of errors or that any errors will be corrected; (C) The website will meet your requirements; (D) The information contained in the website or derived from the website will be accurate, complete, sequential, or timely; (E) Certain or any results may be obtained through the use of the website; or (F) The use of the website, including the browsing and downloading of any information, will be free of viruses, trojan horses, worms or other destructive or disruptive components.

Liability Exclusion
Forth Recruiting, Inc. and its affiliates and providers will not under any circumstances be liable to you or any other person for any loss of use, loss of production, loss of income or profits (anticipated or otherwise), loss of markets, economic loss, special, incidental, indirect or consequential loss or damage or exemplary or punitive damages, whether in contract, tort, negligence, strict liability, or under any other theory of law or equity, arising from, connected with, or relating to the use of the web site by you or any other person, and regardless of any negligence or other fault by Forth Recruiting, Inc. or any of its affiliates or providers or any person for whom Forth Recruiting, Inc. or an affiliate or provider may be responsible, and notwithstanding that Forth Recruiting, Inc. or any affiliate or provider may have been advised of the possibility of such loss or damages being incurred by you or any other person.

The exclusion of certain warranties and the exclusion of certain liabilities are prohibited by legislation in some jurisdictions. Such legislative limitations may apply to you.

Release
You hereby release, remise and forever discharge Forth Recruiting, Inc. and its affiliates and providers and all of their respective franchisees, partners, agents, directors, officers, and employees from any manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature and kind whatsoever and howsoever arising, whether known or unknown, which now or hereafter exist, which arise from, relate to, or are connected with your use of the website.

Indemnity
You agree to indemnify and hold harmless each of Forth Recruiting, Inc. and its affiliates and providers and all of their respective franchisees, partners, agents, representatives, directors, officers, and employees (collectively, the “indemnified parties”) from and against any liabilities, expenses and costs, including without limitation reasonable legal fees and expenses, incurred by the indemnified parties in connection with any claim or demand arising out of, related to, or connected with your use of the web site or your breach of these Terms of Use. You will assist and cooperate as fully as reasonably required by the indemnified parties to defend any claim or demand.

7. Ownership of the Web Site
The Web Site and all (a) information and content in text, graphical, video and/or audio forms and (b) images, icons, software, designs, applications, calculators, models, data, and other elements, available on or through the website are the property of Forth Recruiting, Inc. or its Affiliates and Providers, and are protected by United States and international copyright, trademark, and other laws. Your use of the website does not transfer to you any ownership or other rights in the website or its content.

8. Trademark Information
Forth Recruiting, Inc., www.forthrecruiting.com the Forth Recruiting, Inc. logo, and certain other marks and logos appearing on the website are registered and unregistered trademarks, trade names, and service marks owned or licensed by Forth Recruiting, Inc. Other product and company names and logos appearing on the website may be registered or unregistered trade names, trademarks, and service marks of their respective owners.

Any use of the trade names, trademarks, service marks, and logos (collectively “Marks”) displayed on the website is strictly prohibited. Nothing appearing on the website or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the website.

9. Personal Information Privacy
Forth Recruiting, Inc. collects, uses, and discloses information regarding your use of the Web Site and your personal information under the terms of the Forth Recruiting, Inc. Privacy Policy. The terms of the Forth Recruiting, Inc. Privacy Policy are hereby incorporated as part of these Terms of Use.

10. Other Sites
The Website may include links to other websites or resources and businesses operated by third parties, including Affiliates and Providers (collectively, “Other Sites”). Other Sites are independent from Forth Recruiting, Inc. and may have different or inconsistent privacy policies or terms of use. Forth Recruiting, Inc. has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Links to Other Sites are provided solely for your convenience, and Forth Recruiting, Inc. does not in any way endorse or sponsor any Other Sites or their content or the goods or services available through those Other Sites. Your use of Other Sites and your dealings with the owners or operators of Other Sites are at your own risk, and you may not make any claim against Forth Recruiting, Inc. arising out of your use of any Other Sites – or your dealings with the owners or operators of any Other Sites. As between you and Forth Recruiting, Inc., the provisions of these Terms of Use under the section headed “Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity” apply, with all necessary modifications, to your access to and use of any Other Sites and their business, goods, services, and content.

11. Linking, Framing, Mirroring, Scraping, and Data-mining the Website
Links to the website without the express written permission of Forth Recruiting, Inc. are strictly prohibited. The framing, mirroring, scraping, or data mining of the Website or its content in any form and by any method is strictly prohibited.

12. Feedback and Comments
All comments or feedback that is solicited by or provided to Forth Recruiting, Inc. regarding your experiences with, preferences for, opinions of, or suggestions regarding this Website or Forth Recruiting, Inc. services (collectively, “Feedback”) shall be considered non-confidential and Forth Recruiting, Inc.’s property. By submitting such Feedback to Forth Recruiting, Inc., you agree that you assign to FForth Recruiting, Inc., without charge, all worldwide rights, title and interest, including copyrights and other intellectual property rights, in and to such Feedback, and that Forth Recruiting, Inc. shall be free to use such Feedback in any manner or media whatsoever, on an unrestricted basis and without any attribution, compensation or royalties to you.

Forth Recruiting, Inc. does not endorse, support, sanction, encourage, verify, or necessarily agree with third parties' comments, opinions, or statements displayed on or transmitted via the Website (“Third Party Content”). Any third-party content placed on the Site is the view and responsibility of those who post the statements and do not necessarily represent the views of Forth Recruiting, Inc.

13. Governing Law and Dispute Resolution
The website is controlled by Forth Recruiting, Inc. from Los Angeles, California, United States of America. These Terms of Use, your use of the Website, and all related matters are governed solely by the laws of the State of California, United States of America and applicable federal laws of the United States of America, excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws.

Any controversy or claim arising out of or relating to these Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration will be before a single arbitrator. The arbitration will be held in Los Angeles, California, and the United States of America. Notwithstanding the foregoing, you or Forth Recruiting, Inc. may seek injunctive relief from an appropriate court in Los Angeles, California, before or during the arbitration.

Any claim or cause of action arising from, connected with, or relating to your use of the Web Site, these Terms of Use, or any related matters must be commenced within six (6) months after the claim or cause of action arises. After this time, the claim or cause of action is forever barred, regardless of any statute or law.

14. Notice and Procedure for Making Claims of Intellectual Property Infringement
Forth Recruiting, Inc. respects the intellectual property rights of others. If you believe any content on the Website may infringe your copyrights or other intellectual property rights, please provide Forth Recruiting, Inc. with the written information specified below. Please note that this procedure is exclusively for notifying Forth Recruiting, Inc. that your intellectual property rights have been infringed.

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest;
2. A description of the intellectual property right that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Site;
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 intellectual property owner, its agent, or the law; and
6. A statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property owner or authorized to act on the intellectual property owner’s behalf.

Forth Recruiting, Inc.’s agent for notice of claims of copyright infringement or other intellectual property infringement on the Website can be reached as follows:

E-mail:
rob@forthrecruiting.com

Postal Mail:
Forth Recruiting, Inc.
Rob Rothman, General Manager
4441 Park Alisal
Calabasas, CA 91302

15. Other Matters
If any provision of these Terms of Use is found to be unlawful, void, or unenforceable, that provision shall be deemed severed from the rest of these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Notwithstanding anything herein to the contrary, the following provisions of these Terms of Use, and all other provisions necessary for their interpretation or enforcement, will survive indefinitely after the termination of these Terms of Use and remain in full force and effect and be binding upon the parties as applicable: 6 (Disclaimer, Liability Exclusion, Liability Limitation, Release, and Indemnity); 7 (Ownership of the Web Site); 10 (Other Sites); 13 (Governing Law and Dispute Resolution); and 15 (Other Matters). The provisions of these Terms of Use will inure to the benefit of and be binding upon each of Forth Recruiting, Inc. and its Affiliates and Providers and each of their respective successors and assigns and related persons, and you and your heirs, executors, administrators, personal representatives, and successors and assigns. You may not assign these Terms of Use or the rights and obligations under these Terms of Use without the express prior written consent of Forth Recruiting, Inc., which may be withheld in Forth Recruiting, Inc.’s sole discretion. Forth Recruiting, Inc. may assign these Terms of Use and its rights and obligations under these Terms of Use without your consent.

No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under these Terms of Use will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by all parties.

You and any persons you represent – on the one hand – and Forth Recruiting, Inc. and its Affiliates and Providers – on the other hand – are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by these Terms of Use or your use of the Website.

The parties have expressly requested and required that these Terms of Use and all other related documents be written in English.

Any rights not expressly granted by these Terms of Use are reserved to Forth Recruiting, Inc.

If you have any questions relating to these Terms of Use, please contact: rob@forthrecruiting.com