Purpose and Use.
Welcome to FluencyNow.com. FluencyNow permits access to this site free of charge to provide information about FluencyNow products and services. To ensure a safe, non-offensive environment for all of our users we have established these Terms of Use, which explain the rules of use for our site. By accessing any area of FluencyNow.com, users agree to be legally bound and to abide by terms set forth below.

Copyright and Permissions.
Copyright in all content on this site is owned by FluencyNow. No materials on this site may be reproduced, stored, altered or further distributed without our prior written permission.

Responsibility.
FluencyNow does not monitor all activity on this site but reserves the right to do so.

Acceptable Site Use.
(a) Security.
Users are prohibited from violating or attempting to violate the security measures on this site, including, without limitation:

(1) Using a false password or one belonging to another user or accessing data not intended for the user or logging into a server or account which such user is not authorized to access;

(2) Disclosing a password or permitting a third party to use a password or failing to notify FluencyNow if a password is compromised;

(3) Attempting to probe, scan or test the vulnerability of the system or network or to breach security or authentication measures without proper authorization;

(4) Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing";

(5) Sending unsolicited Email, including promotions and/or advertising of products or services;

(6) Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or

(7) Hijacking all or any part of the site content, deleting or changing any site content, or linking to the site without our specific written permission.

(b) General Rules.
Users agree to use FluencyNow.com only for lawful purposes. Users may not use this site to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others, or (c) that is libelous, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, defamatory, hateful, racially, ethnically, or otherwise objectionable material of any kind.

(c) Violations.
FluencyNow has absolute discretion to determine if any use violates these rules, and to act as it deems appropriate in the event of any violation. Violations of system or network security may result in civil or criminal liability. FluencyNow will investigate occurrences which may involve such violations and may involve, cooperate with, and make disclosures to, law enforcement authorities in identifying and prosecuting users who are involved in such violations.

(d) Termination of Usage
FluencyNow may terminate or suspend a user's access to all or part of FluencyNow.com, without notice, for any conduct that FluencyNow, in its sole discretion believes is in violation of these Terms, any applicable law, or is harmful to the interests of another user.

Submissions.
FluencyNow policy is not to accept or consider any unsolicited ideas or materials of any kind. Do NOT submit any such materials. If you violate this prohibition, we reserve the right to consider all materials submitted as non-confidential and free of any claims of proprietary or personal rights. Such material and all rights will be our property, free and clear of any claims by you or others, and we will be able to use them for any purpose, including advertising and promotion, without compensation or any other obligations to anyone, including you.

Internet and Links.
FluencyNow assumes no responsibility for the security of this site or your communications with the site on the Internet. It is strictly prohibited to link other sites with this site without FluencyNow's prior written permission. We may permit some links for convenience, but FluencyNow has no responsibility for any unaffiliated sites to which it is linked or for material posted to this site by anyone other than FluencyNow. Please note that the site rules and privacy policies of linked sites may differ from those of FluencyNow and should be reviewed by you when you use the link to access any other site.

Prohibited Uses.
It is strictly prohibited to use or contact this site to disrupt or damage the site, its contents or its security measures or to harass or disparage FluencyNow or its products or services or personnel. No unsolicited email (spam) may be directed to or through this site.

Warranty Disclaimer.
This site is offered AS IS and without warranties of any kind. FluencyNow disclaims any implied warranties of merchantability and fitness for a specific purpose as well as title or non-infringement. FluencyNow is not responsible for timeliness, accuracy, unavailability or interruptions in availability, viruses or other defects in the site or its contents. In no event shall FluencyNow be responsible for any damages to users or their computer systems or otherwise, even if FluencyNow has been informed of the possibility of such damages and without regard to negligence.

Liability
FluencyNow, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of FluencyNow and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website[, any websites linked to this Website or the material on such websites,] including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.

Nothing in this legal notice shall exclude or limit FluencyNow’s liability for (a) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977), or (b) fraud, or (c) misrepresentation as to a fundamental matter, or (d) any liability which cannot be excluded or limited under applicable law. If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

Applicable Law.
This site is controlled by FluencyNow in California, USA. As such the site, as well as these rules, are subject to the laws of California and the USA, regardless of the location of the user, and any claims of any kind related thereto must be filed in state or federal court within the State of California.

Acceptance.
By using this site, user accepts and is subject to these terms and conditions which govern all use and all results thereof.

Revision.
FluencyNow reserves the right to make changes to this site and to these terms and conditions at any time, effective on the date the changes are posted to the site.