1. Products & Services

    1. The products & data selected by the Customer in this document will be fulfilled by, or on behalf of FEA or its Licensors. The services may include data, products or consulting services.
    2. Subscription: Subject to the terms and conditions in this agreement (“Subscriber Agreement”), FEA hereby grants access to FEA content to each subscribing person subject to the payment of an annual subscription fee. FEA allows the Customer a limited, non-exclusive, non-transferable license to permit only Customer employees access and use of the services & products described in this agreement.
    3. Sharing of user names and passwords is strictly prohibited unless granted in writing by FEA. No portions of the services may be copied, modified or sold, distributed, transferred or otherwise made available to others outside of Customer in any way without FEA’s written consent. Internal distribution of the FEA content is permitted. FEA reserves the right to monitor and audit the use of the Services by the Customer and/ or Authorized users in order to assure compliance with this agreement. FEA may modify, add or delete the Services or portions thereof, or change the media or the format of the Services, at any time in its sole discretion without liability to Customer, any Authorized Users and/ or any other parties. FEA will provide written notice of any material change in the Services.
    4. Client agrees that the pricing and other information set forth in this Agreement is confidential, trade secret information of Forest Economic Advisors, LLC and that it shall be held in strictest confidence and may not be disclosed to any person, firm or corporation without the prior written authorization of Forest Economic Advisors, LLC, which may be withheld in its sole and absolute discretion.

  2. Terms & Cancellation Policy

    1. Services will begin as of the “Start Date” stated on the contract or order form, subject to credit -approval and will continue through the specified term. During the initial term of the contract services cannot be cancelled. At the conclusion of the Initial Term, the contract will automatically renew unless Customer contacts FEA and notifies FEA in writing at least 30 days prior to renewal date.
    2. FEA may terminate the agreement with the Customer, with or without notice, should the Customer breach any aspects of this Agreement such as misuse or unauthorized use of Service or non-payment.
    3. Upon termination of the contract and services included in this document, Customer will immediately discontinue all use of the Services and shall destroy all copies of the reports and data.
      1. All FEA reports in customer’s database and company files must be removed and deleted permanently. All printed FEA paper reports will be shredded and destroyed.
      2. All FEA electronic records, data and/or files must be deleted in individual email and hard drive/cloud based storage systems.
      3. All FEA data must be removed from customer’s internal retrieval systems, spreadsheets, databases and models. This includes all historical, forecast and analytical data.
      4. All company presentations must remove FEA content and references.
      5. All FEA presentation content provided by FEA (Word docs, PowerPoint slides, etc) must be destroyed or deleted.
      6. Customer must acknowledge all file and data elimination within 30 days of termination of agreement.

  3. Ownership

    1. Customer acknowledges title, ownership and all intellectual property rights in and to the publications and data directly supplied by FEA is owned by FEA. This agreement does not constitute a sale of the FEA Reports and Services, but a right to use the FEA content in accordance with the terms of this agreement. Customer may not sell, assign, transfer, rent, lease or sub-license the data to any third party. Customer may not modify, redistribute, re-write or create original content from the FEA Reports and Services unless otherwise approved by FEA.

  4. Liability

    1. Subscriber agrees that FEA will not be liable for any special, indirect, or consequential damages, including but not limited to the loss of use or the loss of information of any kind, however caused, under any theory of liability, including claims based in contract, tort, negligence, strict liability or otherwise resulting from the use or decision of the content by Customer or third party during the Subscription period. Customer also agrees that FEA will not be liable for any errors, omissions, delays or interruptions in the delivery of the Reports and Services, or any decision made or action taken in reliance upon the FEA Reports and Services.

  5. Warranty

    1. FEA does not represent or guarantee that the Reports and Services will be error-free or uninterrupted. FEA makes no warranties, conditions, guarantees or representations as to merchantability, fitness for a particular purpose or any other warranties, whether express or implied, in law or in fact, oral or in writing.

  6. Miscellaneous

    1. This Customer Agreement will be governed and construed in accordance with the laws of the State of Delaware.
    2. Entire Customer Agreement: This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, of the parties.
    3. Intellectual Property: This Subscriber Agreement does not grant any rights (including Intellectual Property Rights) to the Subscriber except as expressly permitted in this Subscriber Agreement.
    4. Force Majeure: Neither party shall have any liability for any default resulting from circumstances beyond its reasonable control.