FranklinCovey.com Site License Agreement

Terms of Use / Copyright Information / Use of FranklinCovey Material / Other Information / Contacts

Terms of Use

This site is owned and operated by Franklin Covey Co. ("FranklinCovey"). These terms of use apply to and govern your, and any authorized user of your account, use of this site, including all services provided therein and the FranklinCovey Forums ("site"). Your use of this site signifies your agreement to be bound by these terms of use. If you do not agree to be bound by these terms of use, do not access or otherwise use this site. FranklinCovey reserves the right, at its sole discretion, to change, modify, add or remove any portion of this site or these terms of use, in whole or in part, at any time. Changes to these terms of use will be effective when posted. You agree to review these terms of use periodically to be aware of any changes. Your continued use of this site after any changes to these terms of use are posted will be considered acceptance of those changes. Before using this site, review the FranklinCovey Privacy Statement.

FranklinCovey grants you a non-exclusive, non-transferable, limited right to access, use and display this site and the materials thereon for your personal use only, provided that you comply fully with these terms of use. Your participation in on-line communications occurs in real time and is not edited, censored, or otherwise controlled by FranklinCovey. FranklinCovey cannot and does not screen content provided by users of the site. Notwithstanding the foregoing, FranklinCovey reserves the right to monitor content on the site and to remove content which FranklinCovey, in its sole discretion, determines to be harmful, offensive, or otherwise in violation of these terms. In order to maintain an informative and valuable service that meets the needs of the users of the site and avoids the harm that can result from disseminating statements that are false, malicious, violate the rights of others, or otherwise harmful, it is necessary to establish the following rules to protect against abuse:

• Unless you are participating in an area of the site that requires or encourages anonymity, use your real name in online communications. (Parents, if you are concerned about your child's use of this site, please see our Privacy Statement.)
• You may not post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program which may be deemed indecent, obscene or pornographic.
• You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
• You may not interfere with other users use of the site.
• You may not post or transmit any file which contains viruses, worms, "Trojan horses" or any other contaminating or destructive features.
• You may not post or transmit any message which is harmful, threatening, abusive or hateful. It is not the site's intent to discourage you from taking controversial positions or expressing vigorously what may be unpopular views; however, FranklinCovey reserves the right to take such action as it deems appropriate in cases where the site is used to disseminate statements which are deeply and widely offensive and/or harmful.
• You may not post or transmit charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users of the site for goods or services except in those areas (e.g., a classified bulletin board), if any, that are designated for such purpose.
• You may not list or send unsolicited mass emailings to 10 people or more if such e-mail could reasonably be expected to provoke complaints from its recipients.
• You may not use the facilities and capabilities of the service to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others.
• You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the site in any manner not allowed for herein.
• FranklinCovey controls the operation of this site from its headquarters in Salt Lake City, Utah, in the United States of America, and makes no representation that these materials are appropriate or available for use in other locations. If you use this site from other locations, you are responsible for compliance with applicable local laws.

COPYRIGHT AND LICENSES

The entire contents of the site are copyrighted by FranklinCovey under international copyright laws. (See the Copyright Information included below). You may print and download portions of material from the different areas of the site solely for your own non-commercial use. You may make: (a) one machine readable copy, (b) one backup copy, and (c) one print copy of any portions of material downloaded from the different areas of the site solely for your non-commercial use. Any other copying, redistribution, retransmission or publication of any downloaded material, is strictly prohibited without the express written consent of FranklinCovey (see Use of FranklinCovey Material included below) or any third party information provider to the site. You agree not to change or delete any proprietary notices from materials downloaded from the site.

USER SUBMISSIONS

Any material, information or other communication you transmit or post to this site will be considered non-confidential and non-proprietary communications. FranklinCovey shall have no obligations with respect to the communications. FranklinCovey and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use the communications and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. No compensation will be paid with respect to the use of your submission, as provided herein. FranklinCovey is under no obligation to post or use any submission you may provide and FranklinCovey may remove any submission at any time in its sole discretion.

DISCLAIMER

You understand that FranklinCovey cannot and does not guarantee or warrant that files available for downloading through the site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the site for the reconstruction of any lost data. You assume total responsibility and risk for your use of the site and the Internet. FranklinCovey does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or noninfringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the site, any merchandise, information or service provided through the site or on the Internet generally, and FranklinCovey shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the site or on the Internet generally. FranklinCovey does not warrant that the site will be uninterrupted or error-free or that defects in the site will be corrected. The site and any software made available on the site are provided on an "as is, as available" basis.

The documents and related graphics published on this site may include technical inaccuracies or typographical errors. Changes are periodically made to the information herein. FranklinCovey and/or its respective suppliers may make improvements and changes in the product(s) or the program(s) described herein at any time.

Some links on this site may let you leave FranklinCovey's site. The linked sites are not under the control of FranklinCovey and FranklinCovey is not responsible for the contents of the linked site, any linked site contained in a link site, or any changes or updates to such sites. FranklinCovey provides links to you only as a convenience, and the inclusion of any link does not imply endorsement by FranklinCovey of the site. You understand further that the Internet contains unedited materials some of which are sexually explicit or may be offensive to you. You access such materials at your risk. FranklinCovey has no control over and accepts no responsibility whatsoever for such materials.

LIMITED LIABILITY

Under no circumstances, including, but not limited to, negligence, shall FranklinCovey be liable for any indirect, special, exemplary, or consequential damages that result from the use of, or the inability to use, the site, the site materials, or the software, even if FranklinCovey has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or exemplary, incidental, or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall FranklinCovey's total liability to you for all damages, losses, and causes of action (whether in contract, tort [including, but not limited to, negligence, or otherwise) exceed the amount paid by you, if any, for accessing this site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, FranklinCovey's liability is limited to the greatest extent permitted by law.

NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE

Any software that is made available to download from this server ("Software") is the copyrighted work of FranklinCovey and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement that accompanies or is included with the Software ("License Agreement").

The Software is made available for downloading solely for use by end users in accordance with the License Agreement. Any copying or reproduction or redistribution of the Software not in accordance with this License Agreement is expressly prohibited. The Software and other technology products are warranted, if at all, only according to the terms of the License Agreement. Except as warranted in the License Agreement, FranklinCovey and its affiliates hereby disclaim all warranties and conditions with regard to the Software and other technology products, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.

Any Software downloaded from this Server for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Some Software from this site may be subject to export or re-export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) any country to which the U.S. has places an embargo, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, or Yugoslavia; (b) to everyone on the U.S. Treasury Department's Specially Designated Nationals list, or (c) the U.S. Commerce Department's Table of Denial Orders. If you download or use the Software, you represent that and warrant that you are not located in, or under the control of or a national of any such country or on any such list.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless FranklinCovey, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you.

The provisions of these Terms of Use are for the benefit of FranklinCovey and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

TERMINATION

You understand and agree that FranklinCovey may, in its sole discretion and at any time, terminate your password, Account or use of any forum, and discard and remove any content posted or submitted by you to any forum, for any reason. FranklinCovey may also, in its sole discretion and at any time, discontinue any forum or limit or restrict any users access thereto, for any reason. You understand and agree that FranklinCovey may take any one or more of these actions without prior notice to you. Should FranklinCovey take any of these actions, it may, in its sole discretion, immediately deactivate and/or delete any or all information about and concerning your account, including your Registration Information and submitted content. You understand and agree that FranklinCovey shall not have any liability to you or any other person for any termination of your access to any forum and/or the removal of information concerning your account.

MISCELLANEOUS

These terms of use shall be governed by and construed in accordance with the laws of the State of Utah and the United States of America, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Salt Lake City, Utah, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. In no event shall you be entitled to injunctive or other equitable relief. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

Copyright Information

This web site is the property of Franklin Covey Co. ("FranklinCovey"). © 2006 Franklin Covey Co. All rights reserved. * All third party trademarks are the property of their respective owners.

Registered and/or pending trademarks of FranklinCovey in the United States and foreign countries are used throughout this site. Use of the trademark symbols "®" or "™" is limited to one or two prominent trademark usages for each mark per page. In addition, the entire content of this website is copyrighted by FranklinCovey. Use of these trademarks and of the content on this website is prohibited unless otherwise authorized in writing by FranklinCovey.

Pursuant to certain requirements of distribution partners, FranklinCovey has included the "™" and "®" symbols on the first or most prominent use of their trademarked terms. Listed below are a few of third party trademarks that appear most often on this site:

• Palm OS, HotSync, and Graffiti are registered trademarks and Palm and the Palm Powered logo are trademarks of Palm, Inc.
• Handspring, Visor, Visor Edge and Springboard are trademarks of Handspring, Inc.
• Starfish and TrueSync are registered trademarks of Starfish Software, Inc.
• Microsoft, Windows, PowerPoint, and Outlook are registered trademarks of Microsoft, Inc.
• Windows Mobile is a registered trademark of Microsoft.
• All other trademarks understood to be owned by others are used in a non-trademark manner for explanatory purposes only or ownership by others is indicated to the extent known. FranklinCovey also utilizes an asterisk "*" beside the first or most prominent use of trademarks not owned by FranklinCovey indicating ownership of the trademark belonging to another entity.

Use of FranklinCovey Material

FranklinCovey encourages individuals and organizations to share their impressions of FranklinCovey materials; in fact, we maintain that sharing is one of the best methods to internalize FranklinCovey content. However, our worldwide organization has the stewardship of providing professional training and disseminating FranklinCovey material. In doing so, it is essential for us to maintain the integrity of our material and ensure that there is accurate and appropriate representation and presentation of our materials. FranklinCovey actively pursues unauthorized use of its materials to the extent known by FranklinCovey.

FranklinCovey materials are protected by U.S. and foreign copyright and trademark laws. FranklinCovey is bound by those laws to regulate the use of their intellectual property. For this reason, the following are ways in which FranklinCovey allows its material to be used:

LICENSING

Your organization may become licensed to use FranklinCovey material internally. FranklinCovey also offers public programs, custom programs and products that may fit your needs. FranklinCovey has licensed or otherwise worked cooperatively with thousands of organizations that have expressed an interest in utilizing the concepts in our books and seminars within their organization and FranklinCovey would welcome the opportunity to do so with you.

To learn more about our licensing procedures, please call 888-868-1776.

PERMISSION

If you would like to use FranklinCovey materials on a limited basis, you must submit a completed Permission Request Form.

FranklinCovey reviews each request on a case-by-case basis, and may or may not approve your request in its sole discretion. Please allow 4-6 weeks for your request to be processed. FranklinCovey will notify you in writing of its decision to either approve or disapprove your request. Additional use fees may be charged in FranklinCovey's reasonable discretion.

If you are emailing your request from outside of the United States of America, please specify that it is an "International Permission Request" in the subject line to assist us in routing your request to the right person.

• Printing/copying articles from this site:

Permission is hereby granted to you, an individual user of this site, without further written authorization from FranklinCovey for you to print out or photocopy up to ten (10) copies of an article found of this site subject to the following terms and conditions:

The article must be owned by FranklinCovey. FranklinCovey periodically posts articles from third party sources. Permission must be obtained from the proper owner. The article copies may only be distributed free of charge and for personal reference only. The article copies will not be used or distributed as part of a training program or in conjunction with any product or service. You agree to include the existing copyright found at the bottom of the article on each copy. If a copyright notice does not exist, you agree to include the following notice with each copy: © [Year] Franklin Covey Co. Reprinted with permission from Franklin Covey Co., www.franklincovey.com. All rights reserved.

Any use not allowed for in this Section requires separate review and written permission from FranklinCovey. Submit your request as specified in Permissions above.

• University/College/Educational Institution Request to Copy From a FranklinCovey book:

Permission is hereby granted to you, an individual user of this site, without further written authorization from FranklinCovey for a University, College, or other educational institution to make up to fifty (50) copies ONLY of up to twenty five (25) pages ONLY from one of the following FranklinCovey books: The 7 Habits of Highly Effective People, Principle-Centered Leadership, First Things First, The 7 Habits of Highly Effective Families, Living the 7 Habits, or What Matters Most. Permission is granted subject to the following terms and conditions:

• The FranklinCovey material is used as less than ten percent (10%) of the entire course.
• The material is utilized as supplemental material only.
• Use of a FranklinCovey book as a textbook for an educational course is prohibited. Contact FranklinCovey to learn more about how to become licensed to facilitate within your organzation the corresponding training program (See Licensing above).
• The following notice appears on the first page of each copied packet of pages - Excerpted from [Book Title] by [Author], © [Date and Name of copyright owner]. Reprinted with permission from Franklin Covey Co., www.franklincovey.com. All rights reserved.
• Any use not allowed for in this Section requires separate review and written permission from FranklinCovey. Submit your request as specified in Permissions above.
• Utilizing Quotes from FranklinCovey products:

Permission is hereby granted to you, an individual user of this site, without further written authorization from FranklinCovey for an individual or organization to excerpt quotes from a FranklinCovey product, subject to the following terms and conditions:

• The excerpted quote must be owned by FranklinCovey. FranklinCovey utilizes quotes from third party sources throughout its products. Permission must be obtained from the proper owner.
• The quote is less than fifty (50) words and does not include FranklinCovey trademarks, (for example, additional written permission is required from FranklinCovey to be able to list The 7 Habits, which are each registered trademark to FranklinCovey).
• The quote is used as less than five percent (5%) of the entire work in which it will appear.
• The quote is used within text or as a stand alone quote as long as the quote does not appear as a chapter heading, title, on the book cover, on product packaging, or on marketing pieces.
• The quote is not used in any manner that is taken out of content or misrepresents the intended meaning of the author.
• Proper acknowledgement to the author and source of the quote (book, article, etc.) must be included with the quote.
• Use of a FranklinCovey model or graphic in connection with a quote is prohibited without further written authorization from FranklinCovey.
• Any use not allowed for in this Section requires separate review and written permission from FranklinCovey. Submit your request as specified in Permissions above.

BOOK STUDY GROUPS AND REVIEWS:

Follow the FranklinCovey Study Group Guidelines to hold a study group of any FranklinCovey book.

FRANKLINCOVEY BOOK STUDY GUIDELINES

1. An actual study group has all participants equally contributing to the discussion. There should not be one individual conducting a training or overview.
2. Individuals should purchase their own materials for personal use. If the organization provides the books, they are given to the participants for their personal use free of charge.
3. The study group should not be mandatory. Participants should not be required to attend as part of their job performance review.
4. The study group should be held on a one-time-only basis, i.e., all in one evening, two 2-hour sessions, four 1-hour sessions, or, for Educational Institutional use, up to 10 percent of the entire class time.
5. The study group should be held on participant's personal time, not during business hours.
6. The participants should not pay or be paid to attend.
7. No FranklinCovey materials should be reproduced in any manner for this book study without separate written permission from FranklinCovey.

Any use not allowed for in this Section requires separate review and written permission from FranklinCovey. Submit your request as specified in Permissions above.

Follow the FranklinCovey Book Review Guidelines to offer a book review on a FranklinCovey book.

FRANKLINCOVEY BOOK REVIEW GUIDELINES

1. No one should be paid to attend or to offer the book review.
2. The reviewer should not be a "teacher" or "presenter" of the book content.
3. The book review should be brief, up to about 15 minutes long.
4. The following information should be shared:
   • State the author, book title, and any relevant background information on the author, period, and/or genre.
   • Give a very brief summary of the book.
   • Share your personal experience with the book content.
   • Comment on the author's style and effectiveness of the presentation of the information in the book.
   • Conclude with how the book content is relevant to you personally.

Any use not allowed for in this Section requires separate review and written permission from FranklinCovey. Submit your request as specified in Permissions above.

Other Information

UNSOLICITED SUGGESTIONS/FEEDBACK AND PRODUCT IDEAS

All unsolicited suggestions, feedback, and product ideas are submitted to FranklinCovey on a non-confidential basis. All submissions are subject to the User Submissions policy included above.

UNSOLICITED SUGGESTIONS/FEEDBACK: All suggestions may be submitted to feedback@franklincovey.com or leave a voicemail message at (801) 817-4100.

UNSOLICITED PRODUCT IDEAS: FranklinCovey is not accepting new product proposals at this time.

Contacts

For any additional questions concerning the terms specified on this page, contact FranklinCovey Legal Services or the FranklinCovey Webmaster:

Ms. Michael Bettin
Director of Legal Services
Franklin Covey Co.
2200 West Parkway Boulevard
Salt Lake City, UT 84119
(801) 817-5635
Fax: (801) 817-8197
e-mail: legal@franklincovey.com

FranklinCovey Webmaster
2200 West Parkway Boulevard
Salt Lake City, UT 84119
e-mail: webmaster@franklincovey.com

Any rights not expressly granted herein are reserved.