Terms of Service
ForwardTrail provides a business profile and information sharing service that allows businesses and professionals the ability to quickly and easily share their corporate profile and other information. By providing ForwardTrail with your corporate profile and other information, you can (1) create an “ForwardTrail Profile” which is based on the information you provide about your business and (2) share your profile information with customers and other businesses, in order to facilitate transactions and information sharing through a web-based interface (the “Services”). An ForwardTrail Profile reflects the information provided by that business or their representative, which is intended to facilitate the information sharing and gathering purposes; it is not a guarantee that the information is accurate, complete, reliable or truthful or that the information has been independently checked or verified by ForwardTrail.
In order to access certain features of our Services, you must create an ForwardTrail account (your “Account”). When you register, you will be asked to create a user name and a password. You are responsible for safeguarding and maintaining the confidentiality of your password. You are responsible for any activities or actions taken under your Account, whether or not you have authorized such activities or actions. You should notify ForwardTrail of any unauthorized use of your password or your Account. You agree that the information that you provide to us upon registration, and at all other times will be true, accurate, current and complete. By creating an Account you consent to the use of: (i) electronic means to complete these Terms and to provide you with any notices given pursuant to these Terms; and (ii) electronic records to store information related to these Terms or your use of the Services.
You agree that your use of an ForwardTrail Account is subject to and contingent upon your continuous compliance with the following terms and conditions:
Your use of an ForwardTrail Account (i) will be solely in connection with a present or prospective transaction with the business inquired upon, or for other legitimate business purposes, for your internal use only and will not be resold; and (ii) will be maintained in confidence and disclosed only to persons whose duties reasonably relate to the business purposes for which the information was requested.
You may not reproduce an ForwardTrail Profile without the express authorization of the party that provided the information. You may not resell, license, or otherwise provide or disclose ForwardTrail Profile to any third party or use ForwardTrail Profile to enhance any third party file or list, or develop, publish or maintain any list, directory, or other similar product. You acknowledge that the ForwardTrail Profile has not been provided for consumer credit purposes and is not intended to be indicative of any consumer’s credit worthiness, credit standing, credit capacity, or other characteristics that are regulated by the Fair Credit Reporting Act (FCRA). You may not use any ForwardTrail Profile as a factor in establishing any consumer’s eligibility for (i) credit or insurance used primarily for personal, family or household purposes, (ii) employment purposes, or (iii) other purposes authorized under the FCRA or any similar statute.
You acknowledge that the ForwardTrail Profile includes non-public information about that business and, as such, you will maintain such information in strict confidence and will not disclose such information other than to your employees who have a need to know, or pursuant to legal requirements. You will maintain reasonable security procedures and practices appropriate to the nature of the information to protect the ForwardTrail Profile from unauthorized access, destruction, use, modification or disclosure. You will provide ForwardTrail and the owner of the ForwardTrail Profile with prompt written notice upon discovery or notification of any actual, potential or threatened unauthorized access to or use of any Profile Information (a “Security Breach”) and you will immediately, at your own expense, investigate and take all steps reasonably necessary to identify, prevent and mitigate the effects of any Security Breach. You will provide ForwardTrail and the owner of the ForwardTrail Profile a detailed description of the incident, the Profile Information that was or may have been accessed, the identity of affected individuals, and such other information as ForwardTrail and the ForwardTrail Profile owner may request concerning the Security Breach and conduct any recovery necessary to remediate the impact and bear any cost or loss ForwardTrail, the ForwardTrail Profile owner, and the owner of the ForwardTrail Information may incur as a result of a Security Breach, including any cost associated with notifying any effected individuals.
You will use all ForwardTrail Profile in strict accordance with: (i) these Terms; (ii) all applicable federal, state and local laws, regulations, rules, and judicial and administrative decisions; (iii) relevant industry guidelines; and (iv) your own privacy policies. You acknowledge and agree that any breach of these Terms may also subject you to liability to the owner of the ForwardTrail Profile and/or Profile Information.
ForwardTrail Accounts are provided for informational purposes only. You acknowledge and agree that ForwardTrail does not represent or warrant that the ForwardTrail Accounts are accurate, complete, or appropriate and that ForwardTrail shall not be responsible or liable for the accuracy, completeness, reliability, truthfulness or availability of the ForwardTrail Accounts or any other information transmitted or made available via the Services.
While using or accessing the Services, you agree that you will not do any of the following: (i) use the Services to collect or store personal data about other users without their express permission; (ii) use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages contained in the Services; (iii) use any device, software, or routine that (a) interferes with any application, function, or use of the Services, or (b) is intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or communication, or (c) circumvents, disables or otherwise interferes with security or authentication related features of the Services; (iv) resell, sublicense, time-share, or otherwise share the Services with any third party; (v) frame or mirror the Services; (vi) decompile, disassemble or reverse-engineer the underlying software that is part of the Services or otherwise attempt to derive its source code; (vii) use the Services either directly or indirectly to support any activity that is illegal; (viii) access the Services for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes; or (ix) authorize any third parties to do any of the above.
You may terminate your Account at any time and for any reason by deactivating your account via your Account page or by sending ForwardTrail notice. Upon any termination by you, your Account will no longer be accessible. Any suspension, termination or cancellation of your Account will not affect your obligations to ForwardTrail under these Terms (including but not limited to the use and confidentiality of Accounts, ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
We may immediately terminate you Account or suspend your access to the Services and remove any material (including any Profile Information provided by you) from your Account, in the event that you breach these Terms, at our sole discretion and without having to provide prior notice to you. Notwithstanding the foregoing, we also reserve the right to terminate your Account or your access thereto. After such termination, you understand and acknowledge that ForwardTrail will have no further obligation to provide the Services to you or on your behalf. ForwardTrail will not be liable to you or any third party for termination of the Services or termination of your use of the Services. Upon any termination or suspension, any information (including Profile Information) that you have submitted to the Services may no longer be accessed by you.
The Services are protected by copyright, trademark, and other laws of the United States and foreign countries. ForwardTrail and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, except as expressly permitted in these Terms. Any feedback, comments and suggestions you may provide for improvements to the Services (“Feedback”) will be the sole and exclusive property of ForwardTrail and you hereby irrevocably assign to ForwardTrail all of your right, title, and interest in and to all Feedback.
Subject to your compliance with the terms and conditions of these Terms, ForwardTrail grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and use the Services solely for your internal use only. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by ForwardTrail or its licensors, except for the licenses and rights expressly granted in these Terms.
Third Party Websites
The Services may provide links to third party websites or resources. You acknowledge and agree that ForwardTrail is not responsible or liable for the availability or accuracy of, and ForwardTrail does not endorse, such websites or resources or the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You agree to defend, indemnify, and hold ForwardTrail, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, costs and expenses, including reasonable attorney’s fees, arising out of or in any way connected with (i) your access to or use of the Services or provision of any Profile Information; (ii) your violation of these Terms, including your obligations relating to the use of any Profile Information; (iii) a Security Breach; or (iv) your violation of any applicable laws, regulations or rules.
Limitation of Liability
The Services and all ForwardTrail Accounts and Profile Information, are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind. ForwardTrail EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SERVICES AND PROFILE INFORMATION, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. No advice or information, whether oral or written, obtained by you from ForwardTrail, will create any warranty not expressly stated in this Agreement. IN NO EVENT WILL ForwardTrail, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT ForwardTrail HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT WILL ForwardTrail’S CUMULATIVE LIABILITY TO YOU EXCEED $100. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
These Terms shall be governed by the laws of the State of Washington, without respect to its conflict of laws principles. Any claim or dispute between you and ForwardTrail that arises in whole or in part from the Services shall be decided exclusively by a court of competent jurisdiction located in King County, Washington. These Terms shall constitute the entire agreement between you and ForwardTrail concerning the Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of this these Terms shall be deemed a further or continuing waiver of such term or any other term, and ForwardTrail's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
ForwardTrail reserves the right, in its sole discretion, to modify, discontinue or terminate the Services at any time, or modify these Terms without notice. All modified terms and conditions will be effective after the new terms and conditions have been posted on the ForwardTrail website. If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the Services. By continuing to access or use the Services after we have posted the new terms and conditions on the ForwardTrail website, you agree to be bound by such changes.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.
March 13, 2015