Forum Foundry, Inc.

Terms & Conditions

TERMS OF USE

Forum Foundry, Inc. owns and operates a number of website properties, including forum / community type properties, this website, and other related and/or linked websites, (individually and collectively the “Websites”). Your use of the Websites constitutes your acceptance of these Terms of Use.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITES. By accessing or using the Websites of Forum Foundry, Inc. on any computer, tablet, mobile phone, smart phone, console or other technology or device (collectively the “Device”), you signify that you have read, understood and agree to be bound by these Terms of Use and any other applicable law, whether or not you are a registered user of Forum Foundry, Inc.

1. Overview and Use of Websites. YOUR USE OF THE WEBSITES IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTING AND AGREEING TO THESE TERMS OF USE. IF THESE TERMS OF USE ARE NOT COMPLETELY ACCEPTABLE TO YOU, THEN YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THE WEBSITES.

2. Changes to Websites, Products, Services and Terms. Forum Foundry, Inc. may, at any time, for any reason and without notice, make changes to (i) the Websites, including the look, feel, format, and content, as well as (ii) the products and/or services as described in the Websites (iii) and the Terms of Use of the Websites. Any modifications will take effect when posted to the Websites. Therefore, each time you access the Websites, you need to review the Terms of Use upon which access and use of the Websites is conditioned. By your continuing use of the Websites after changes are posted, you will be deemed to have accepted such changes.

3. Websites’ Content and Jurisdiction. The Websites are directed to those individuals and entities located in the United States. The Websites are not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Websites and their content, including their products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on the Websites. Forum Foundry, Inc. makes no representation that the information, opinions, advice or other content on the Website (collectively, “content”) is appropriate or that its products and services are available outside of the United States. Those who choose to access the Websites from other locations do so at their own risk and are responsible for compliance with applicable local laws.

4. Right to Modify or Discontinue Service. Forum Foundry, Inc. reserves the right to modify or discontinue any service, product or content on the Websites, or any part thereof, at any time, in its sole discretion, with or without notice. Forum Foundry, Inc. shall not be liable or responsible to any person or legal entity as a result of such modification or discontinuation of any service, product, or content on the Websites.

5. Electronic Communication. Whenever you visit the Websites, post or send a message on the Websites or send e-mail to us, you are considered to have communicated electronically with us, and therefore have consented to receive communications from Forum Foundry, Inc. electronically or by other means. Communications may include marketing notices and promotional offers tailored to your needs. Forum Foundry, Inc. may communicate with you by email, facsimile or other means. You agree that all notices, disclosures, and other communications sent to you electronically or by other means satisfies any legal requirements that communications be in writing. Forum Foundry, Inc. shall have the right at any time to change or discontinue any aspect or feature of the Websites, including, but not limited to, content, hours of availability, and equipment needed for access or use.

6. Compliance and Privacy Policy. You are solely responsible for compliance with any applicable laws, regulations and/or obligations to third parties. Your use of the Websites is subject to Forum Foundry, Inc.’s Privacy Policy as amended from time to time (“Privacy Policy”) which may be found on Forum Foundry, Inc.’s website: www.ForumFoundry.com and is applicable to the Websites. Forum Foundry, Inc.’s Privacy Policy defines how, why and to which extent Forum Foundry, Inc. collects and uses personal and non-personal information in relation to Forum Foundry, Inc.’s products and services. By installing, accessing or using the Websites you explicitly agree with the terms and conditions of Forum Foundry, Inc.’s Privacy Policy and to any terms and conditions included therein by reference. Finally, as Forum Foundry, Inc.’s business develops, it may sell or buy corporate assets, and in such transactions customer information may be one of the transferred business assets. If Forum Foundry, Inc., its internet businesses, or substantially all of its assets, is acquired, customer information may be one of the assets transferred.

 

7. Payments. If you purchase services that Forum Foundry, Inc. offers for a fee, you agree that Forum Foundry, Inc. may store your payment information, that it may make periodic charges, as those charges become due, and that those charges shall be collected with any and all related taxes in and according to the Terms of Use and according to any payment agreement with Forum Foundry, Inc.

 

8. Accounts and Security. Forum Foundry, Inc. does not warrant that the functions contained in the service provided by the Websites will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components. As part of the registration process, each user will select a password (“Password”) and Login Name (“Login Name”). You shall provide Forum Foundry, Inc. with accurate, complete, and updated Account information and your failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your Account. You may not (i) select or use a Login Name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any other person without authorization; or (iii) use a Login Name that Forum Foundry, Inc., in its sole discretion, deems inappropriate or offensive. You shall immediately notify Forum Foundry, Inc. of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at Forum Foundry, Inc.’s sole discretion, and may be reported to appropriate law-enforcement agencies.

 

9. Scope of Use, Electronic Transmissions and Email. Forum Foundry, Inc. hereby grants you a limited license wherein you are only authorized to view, use, copy for your records and download small portions of the content (including without limitation text, graphics, software, audio and video files and photos) of the Websites for your informational, non-commercial use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact.

You may not store, modify, reproduce, transmit, reverse engineer or distribute a significant portion of the content on the Websites, or the design or layout of the Websites or individual sections of it, in any form or media. The systematic retrieval of data from the Websites is also prohibited.

E-mail submissions, other submissions, postings and/or other electronic transmissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before e-mailing and/or submitting any information. Also, please consult our Privacy Policy. You agree not to submit or transmit any e-mails or materials through the Websites that: (i) are defamatory, threatening, obscene or harassing, (ii) contain a virus, worm, Trojan horse or any other harmful component, (iii) incorporate copyrighted or other proprietary material of any third party without that party’s permission or (iv) otherwise violate any applicable laws. Forum Foundry, Inc. shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as specified in these Terms of Use, or as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.

The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Websites without the prior written consent of Forum Foundry, Inc. is strictly prohibited.

10. Copyrights and Trademarks. The materials at the Websites, as well as the organization and layout of the Websites, are copyrighted and are protected by United States and international copyright laws and treaty provisions. You may access, download and print materials on the Websites solely for your personal and non-commercial use; however, any print out of the Websites, or portions of the Websites, must include Forum Foundry, Inc.’s copyright notice. No right, title or interest in any of the materials contained on the Websites is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of the Websites; create derivative works from, link to or frame in another website, use on any other website, transfer or sell any information obtained from the Websites without the prior written permission of Forum Foundry, Inc.

Except as expressly provided under the “Scope of Use” Section above, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate the Websites without the prior written permission of Forum Foundry, Inc. You may not use a part of the Websites on any other website, without Forum Foundry, Inc.’s prior written consent.

The names “Forum Foundry, Inc.,” “Forum Foundry,” “www.ForumFoundry.com” may not be copied, imitated or used, in whole or in part, without Forum Foundry, Inc.’s prior written permission. All other trademarks, registered trademarks, and product names used in the Websites are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise, does not constitute endorsement, sponsorship, representation, or warranty of any kind by Forum Foundry, Inc.

Forum Foundry, Inc. respects the intellectual property rights of others and expects our users to do the same. The policy of Forum Foundry, Inc. is to terminate the accounts of repeat copyright offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at pursuant to Section 14 of this Terms of Use agreement.

11. Links/Third Party Services. For your convenience, Forum Foundry, Inc. may provide links to various other websites that may be of interest to you and for your convenience only. However, Forum Foundry, Inc. does not control or endorse such websites and is not responsible for their content nor is it responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such websites. Please read the terms and conditions or terms of use policies of any other company or website you may link to or from our website. This Terms of Use agreement applies only to the Websites and the products and services Forum Foundry, Inc. offers. If you decide to access any of the third party sites linked to the Websites, you do so at your own risk. Forum Foundry, Inc. reserves the right to terminate any link or linking program at any time. Forum Foundry, Inc. disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such sites. You may not link to the Websites without Forum Foundry, Inc.’s written permission. If you are interested in linking to the Websites, please contact us at support@forumfoundry.com.

12. No Unlawful or Prohibited Use. As a condition of your use of the Websites, you warrant to Forum Foundry, Inc. that you will not use the Websites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Websites in any manner that could damage, disable, overburden, or impair the Websites or interfere with any other party’s use and enjoyment of the Websites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Websites.

13. Separate Agreements. You may have other agreements with Forum Foundry, Inc. Those agreements are separate and in addition to these Terms of Use. These Terms of Use do not modify, revise or amend the terms of any other agreements you may have with Forum Foundry, Inc.

14. Digital Millennium Copyright Act, Copyright Policy and Copyright Agent. Forum Foundry, Inc. respects the intellectual property rights of others. In accordance with the provisions of the Digital Millennium Copyright Act (DMCA) applicable to Internet service providers (17 U.S.C. § 512), if you believe something on this Site has infringed your intellectual property rights, please notify our agent and provide the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled; (iv) address, telephone number, and, if available, an electronic mail address where we may contact you; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and, (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The Site’s Copyright Agent can be reached at: support@forumfoundry.com and Forum Foundry, Inc., P.O. Box 3503, Cedar Park, Texas, 78630, United States of America.

15. Technical Difficulties. Customer satisfaction is Forum Foundry, Inc.’s primary goal. Thus, we make every effort to keep the Websites in good working condition and running smoothly. However, Forum Foundry, Inc. shall not be responsible for, and will not be liable for, any loss or damages caused by temporary unavailability of the Websites due to technical issues.

16. License. You agree that by submitting or posting any content on the Websites, you are granting Forum Foundry, Inc. a worldwide, royalty-free, perpetual, irrevocable and fully sub-licensable license to publish, reproduce, distribute, display, adapt, and otherwise use this content in any manner whatsoever on or in connection with the Websites, in the course of offering the Services and/or otherwise use this content in any manner whatsoever in any media now known or hereafter developed. You understand and agree that any user content that you post to the Websites may be redistributed through the internet and other media channels, and may be viewed by the general public.

17. User’s Representations and Warranties. You represent that you are a United States resident who is at least eighteen (18) years of age, that possesses the legal authority to agree to these Terms and Conditions and that you promise to use the Websites in accordance with all applicable laws and with the terms and conditions set forth herein. You also agree to be responsible for any use of this Websites by members of your company, association, institution and/or household (including minors). You warrant that all information supplied by you or members of your company, association, institution and/or household on the Websites is true and correct.

18. No Professional Advice. The information available on the Websites is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. You should not construe this as professional advice. The Websites are not intended for use by minors.

19. Disclaimer of Warranties. THE WEBSITES, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH FORUM FOUNDRY, INC. EXPRESSLY DISCLAIMS. FORUM FOUNDRY, INC. DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT, AND FORUM FOUNDRY, INC. WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITES OR ANY CONTENT. FORUM FOUNDRY, INC. HAS NO DUTY TO UPDATE THE CONTENT OF THE WEBSITES. FORUM FOUNDRY, INC. MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITES AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY FORUM FOUNDRY, INC. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

20. Limitation of Liability. YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. FORUM FOUNDRY, INC. SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF FORUM FOUNDRY, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITES OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY FORUM FOUNDRY, INC. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.

21. Indemnity. You agree to defend, indemnify, and hold Forum Foundry, Inc., its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, demands, actions, damages, costs, liabilities, and expenses (including but not limited to attorneys’ fees) arising out of or related to user’s use of the Websites or any messages, reviews, text, photos, videos, graphics, code, or other content or materials that user transmits on or through the Websites; including but not limited to any actual or threatened suit, demand, or claim made against Forum Foundry, Inc. arising out of or relating to any content posted on the Websites by the user, the user’s conduct, violation of the Terms and Conditions, or violation of the rights of any third party.

22. No Waiver. Forum Foundry, Inc.’s failure to enforce any provision of these Terms and Conditions does not constitute a waiver of its right to subsequently enforce such provision or any other provision of these Terms and Conditions.

 

23. Severability. If any provision of these Terms and Conditions is unenforceable or becomes unenforceable under applicable law, the enforceability of the other provisions of these Terms and Conditions shall not be affected.

 

24. Arbitration. Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any Forum Foundry, Inc. confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to these Terms of Use or the Websites shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in Los Angeles, California, USA.

All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. The prevailing party shall be entitled to recover its attorneys’ fees and costs from the other party incurred in connection with any arbitration proceedings.

Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator’s decision and any award contained therein.

25. Governing Law, Location and Miscellaneous. These Terms of Use shall be governed in all respects by the laws of the State of California, USA, without reference to its choice of law rules. If an applicable law is in conflict with any part of the Terms of Use, the Terms of Use will be deemed modified to conform to the law. The other provisions will not be affected by any such modification.

26. Website Questions, Comments and Contact Information. Any and all questions, comments, complaints and/or claims should be directed to: support@forumfoundry.com and Forum Foundry, Inc., P.O. Box 3503, Cedar Park, Texas, 78630, United States of America.