Terms of Service

Forsta Terms of Use

Last Modified: October 3, 2017

Acceptance of the Terms of Use

These terms of use (these “Terms of Use”) are entered into by and between You and Forsta (“Forsta,” “we” or “us”) and govern Your access to and use of our website www.forsta.io (including all subdomains, such as support.forsta.io) and our applications (together the “Services”).

Please read these Terms of Use carefully before You start to use the Services. By using the Services, You accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at www.forsta.io/privacy incorporated herein by reference. If You do not want to agree to these Terms of Use or the Privacy Policy, You must not access or use the Services.

The Services are offered and available to users who are 13 years of age or older. If You are not at least 13, You must not access or use the Services.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms of Use means that You accept and agree to the changes.

Accessing the Services and Account Security

Access to Forsta’s servers, hardware, software and content is provided to You solely for the purpose of using the Services. We reserve the right to withdraw or amend the Services, and any service or material we provide through the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period.

You agree that all information You provide to register with the Services or otherwise, including but not limited to through the use of any interactive features on the Services, is governed by our Privacy Policy, and You consent to all actions we take with respect to Your information consistent with our Privacy Policy. Your user ID and password uniquely identify You and You cannot allow others to use user ID and password. We attribute all actions taken under Your credentials to You.

Intellectual Property Rights

The Services and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Forsta, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You may not commercially exploit or make the Services available to any third party. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Services, except as authorized by these Terms of Use. No right, title or interest in or to the Services or any content on the Services is transferred to You, and all rights not expressly granted are reserved by Forsta.

Forsta grants You a limited, non-exclusive, non-transferable, non-sublicensable license to (1) access and view the content on the Services, (2) access and use the software and mobile applications provided by the Forsta Services, and (3) use the software that is embedded into Forsta Services as authorized in these Terms of Use. This license is provided solely for Your personal use and enjoyment of the Services as permitted in these Terms of Use.

Billing and Payment.

You may elect one of the following billing options when placing Your order for Services. Forsta may change its offering of billing options, including by limiting or ceasing to offer any billing option, upon thirty days written notice to You (which may be by email). When purchasing our Services, fees are specified at the Services interface “check-out” and in the Order Form(s) — and must be paid in advance. Payment obligations are non-cancelable and, except as expressly stated in this agreement, fees paid are non-refundable. You may pay for the Services using the payment options listed below:

  1. Monthly Plan.If You selects this option, You will not be committed to purchase the Services for a pre-defined term, but will pay for the Services on a monthly basis. Any partial day of Services usages will be rounded up to a full day of Services usage for the purposes of calculating Fees. New account members added partway through the billing cycle will only be charged for the portion of the time period they are a user of the Service.
  2. Annual Plan.If You selects this option, You will be committed to purchasing the Services from Forsta for an annual term. Forsta will bill You according to the terms associated with Your elections on the Order Page. Any partial day of Services usages will be rounded up to a full day of Services usage for the purposes of calculating Fees. New account members added partway through the billing cycle will only be charged for portion of the time period they are a user of the Service.

Payment

All payments due are in U.S. dollars unless otherwise indicated on the Order Page or invoice. Payment Plan will be auto-renewed unless You request in writing to cancel or change plan three days prior to auto-renewal date.

  1. Credit Card or Debit Card. Fees for orders where You are paying with a credit card, debit card or other non-invoice form of payment, are due at the start of the month during which You received the Services.
  2. Invoices. Payments for invoices are due thirty days after the invoice date, unless otherwise specified, and are considered delinquent after such date.
  3. Other Forms of Payment. You may change Your payment method to those available within the Forsta Admin Console. Forsta may enable other forms of payment by making them available in the Forsta Admin Console. These other forms of payment may be subject to additional terms which You may have to accept prior using the additional forms of payment.

Delinquent Payments.

Delinquent payments may bear interest at the rate of one-and-one-half percent per month (or the highest rate permitted by law, if less) from the payment due date until paid in full. You will be responsible for all reasonable expenses (including attorneys' fees) incurred by Forsta in collecting such delinquent amounts, except where such delinquent amounts are due to Forsta's billing inaccuracies.

Purchase Orders.

  1. Required. If You want a Purchase Order number on its invoice, You will inform Forsta and issue a Purchase Order to Forsta. If You require a Purchase Order, and fail to provide the Purchase Order to Forsta, then Forsta will not be obligated to provide the Services until the Purchase Order has been received by Forsta. Unless otherwise agreed to in writing, Any terms and conditions on a Purchase Order do not apply to this Agreement and are null and void.
  2. Not Required. If You do not require a Purchase Order number to be included on the invoice, You will provide Forsta a waiver of the Purchase Order requirement, which may be an email to this effect. If You waive the Purchase Order requirement, then: (a) Forsta will invoice You without a Purchase Order; and (b) You agree to pay invoices without a Purchase Order.

Taxes

You are responsible for any Taxes, and You will pay Forsta for the Services without any reduction for taxes. If Forsta is obligated to collect or remit Taxes imposed on You, the Taxes will be invoiced to You, unless You provide Forsta with a timely and valid tax exemption certificate (or other documentation as required for the exemption) authorized by the appropriate taxing authority. In some jurisdictions the sales tax is due on the total purchase price at the time of sale and must be invoiced and collected at the time of the sale.

Account Status

  1. Current Account An account is current when payment is up to date or less than 30 days late. Current accounts function as normal
  2. Delinquent Account  An account is delinquent when payment is 30 to 60 days late. Delinquent Accounts function as normal.
  3. Suspended Account An account is suspended when payment is 60 to 90 days late. When an account is suspended, Services are suspended but all data is retained.
  4. Terminated Account If an account is over 90 days late, it is subject to Termination. A terminated account will have all data and account information permanently deleted.
  5. A Delinquent or Suspended Account can be moved to the Current Account State by paying all delinquent payments.

Trademarks

The Forsta name and all related names, logos, product and service names, designs and slogans are trademarks of Forsta or its licensors. You must not use such marks without the prior written permission of Forsta. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.

Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries) (collectively “Laws”).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “spam” or any other similar solicitation.
  • Modify, decompile, disassemble, reverse engineer, tamper with or otherwise attempt to derive the source code of any software that Forsta provides to You or any other part of the Forsta Service.
  • To impersonate or attempt to impersonate Forsta, a Forsta employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Forsta or users of the Services or expose them to liability.

Additionally, You agree not to:

  • Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
  • Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to interfere with the proper working of the Services.

User Contributions

The Services may contain forums and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Services. All User Contributions must comply with these Terms of Use.

Any User Contribution You post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Services, You grant us and our service providers the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material.

You represent and warrant that (i) You own or control all rights in and to the User Contributions and have the right to grant the license granted above; (ii) and all of Your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that You are responsible for any User Contributions You submit or contribute, and You, not Forsta, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by You or any other user of the Services.

Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Disclose Your identity or other information about You to any third party who claims that material posted by You violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
  • Terminate or suspend Your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services.

However, we do not undertake to review material before it is posted on the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable Laws. Without limiting the foregoing, User Contributions must not (i) contain any material which is illegal, defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable; (ii) infringe or misappropriate any intellectual property or other rights of any other person; (iii) cause or likely to cause annoyance or needless anxiety to any other person; (iv) involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, or advertising without Forsta’s written consent; or (v) give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

If You believe that any User Contributions violate Your copyright, please email us at support@forsta.io. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.

Reliance on Information Posted

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance You place on such information is strictly at Your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by You or any other visitor to the Services, or by anyone who may be informed of any of its contents.

The Services include content provided by third parties, including materials provided by other users and third-party partners. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Forsta, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Forsta. We are not responsible, or liable to You or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Services

We may update the content on these Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Services

All information we collect on through the Services is subject to our Privacy Policy www.forsta.io/privacy. By using the Services, You consent to all actions taken by us with respect to Your information in compliance with the Privacy Policy.

Links from the Services

If the Services contain links to other sites and resources provided by third parties, these links are provided for Your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from Your use of them. If You decide to access any of the third party websites linked to this Services, You do so entirely at Your own risk and subject to these terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Services is based in the state of Idaho in the United States. We provide these Services for use only by persons located in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If You access the Services from outside the United States, You do so on Your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. FORSTA MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS OR WARRANTIES REGARDING THE COMPLETENESS, QUALITY, ACCURACY OR NATURE OF THE CONTENT OF THE SERVICES, SECURITY OF USER CONTENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FORSTA SHALL NOT BE RESPONSIBLE FOR ANY ERRORS OR OMISSIONS REGARDING CONTENT DELIVERED THROUGH THE SERVICES OR ANY DELAYS IN OR INTERRUPTIONS OF SUCH DELIVERY. YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SERVICES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT.

Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FORSTA BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY CONTENT ON THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT WILL FORSTA’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO FORSTA FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO FORSTA, AS APPLICABLE. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FORSTA AND YOU.

Indemnification

You will defend, indemnify and hold harmless Forsta and its officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) in connection with Your violation of these Terms of Use or Your use of the Services, including, but not limited to, Your User Content and Your use of the Services other than as expressly authorized in these Terms of Use.

Arbitration

At Forsta’s sole discretion, it may require You to submit any disputes arising from Your use of the Services or these Terms of Use, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Idaho law.

General Terms

All matters relating to the Services and these Terms of Use and any dispute or claim arising therefrom or related thereto will be governed by the laws of the State of Idaho. Except as set forth in the foregoing Arbitration section, any legal suit, action or proceeding arising out of, or related to, these Terms of Use, the Privacy Policy, or the Services shall be instituted exclusively in the federal or state courts located in the State of Idaho, county of Ada. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between You and Forsta with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.

Your Comments and Concerns

Please contact us if You have any questions about these Terms.

Forsta, Inc.
1109 W. Main, Suite 320
Boise, ID 83702

support@forsta.io