1. Your Acceptance
and the Forest Founders software, components, and any associated services offered (collectively the “Platform”) and you (“you”, “your” or “Subscriber”), a Subscriber to the Platform.
Throughout this Agreement, the words “Forest Founders,” “us,” “we,” and “our,” refer to our company, Forest Founders, as is appropriate in the context of the use of the words.
2. Subscriber Information and Accounts
After registering and properly paying for our Platform, where required, we shall grant you access to the Platform as permitted by us and in accordance with this Agreement. All rights not explicitly granted are reserved for Forest Founders. Where you download software to access our Platform, we grant you and your Permitted Users a limited, fully revocable, non-exclusive license to download one copy of our Platform onto your electronic device(s). If you breach this Agreement, your access or license to use our Platform may be terminated at our discretion. Additionally, we may revoke your access or license to use our Platform if we believe that your actions may harm us, our business interests, or any third party rights. Failure by us to revoke your access does not act as a waiver of your conduct.
4. Platform Ownership
Subscriber acknowledges that the structure, organization, and code (both source code and object code) of the Platform and all related software components are proprietary to Forest Founders and/or Forest Founders' licensors and that Forest Founders and/or its licensors retains exclusive ownership of the Platform, any documentation, information and any and all other intellectual property rights relating to the Platform, including all modifications ,copies, enhancements, derivatives, and other software and materials developed hereunder by Forest Founders. Subscriber shall not sell, copy, reproduce, transfer, publish, disclose, display or otherwise make available the Platform, access to the Platform, or any portions of the Platform including any modifications, enhancements,derivatives, and other software and materials developed hereunder by Forest Founders to others in violation of this Agreement. Subscriber shall not remove any proprietary, copyright, trademark, or service mark legend from any portion of any of the Platform, including any modifications, enhancements, derivatives, and other software and materials developed by Forest Founders. Subscriber agrees to make all necessary and reasonable efforts to comply with the above provisions in a manner which Subscriber takes to secure and protect its own highly confidential information in order to maintain Forest Founders' rights as stated within this Agreement and to take appropriate action as instructed or required by Forest Founders to maintain its intellectual property rights.
5. Platform and Services
The Forest Founders Platform offers a subscription program that assists in negating your carbon footprint. Subscribers may use the Platform and any associated services solely as allowed and provided for by Forest Founders (“Forest Founders Services”). Please be aware that any Forest Founders Services are “as-is” and “as-available.” Additionally any information or content found on our Platform, including any notifications or tools provided, are offered for informational purposes only. Forest Founders has no liability to Subscribers for any Subscriber Content including all data, information, copy, images, URL names, and anything else submitted by you or any third parties using the Platform (collectively “Non-Forest Founders Content”). Specifically, Forest Founders shall not be liable for any errors related to any Non-Forest Founders Content. All errors shall be at the sole responsibility and expense of the Subscriber. Additionally, we shall not be liable for any inconvenience, loss, liability, or damage resulting from any interruption of the Platform, directly or indirectly caused by, or proximately resulting from, any circumstances beyond our control, including, but not limited to, causes attributable to you, inability to access the Platform, failure of a communications satellite, strike, labor dispute, riot or insurrection, war, explosion, malicious mischief, fire, flood, lightning, earthquake, wind, ice, extreme weather conditions, or other acts of God, failure or reduction of power, or any court order, law, act or order of government restricting or prohibiting the operation of or access to the Platform.
Forest Founders assists Subscribers by planting trees to help in negating a Subscriber’s carbon footprint. In exchange for a monthly subscription, Forest Founders shall plant trees on the Subscribers behalf. Please be aware that while Forest Founder’s shall use commercially reasonable efforts to plant trees on a monthly basis for Subscriber, all treeplanting may be subject to natural and economic factors outside of Forest Founder’s control. Forest Founders makes no guarantees of the total number trees planted on a Subscriber’s behalf and all tree planting numbers are merely an estimate. Where Forest Founders is unable to plant a tree on the Subscriber’s behalf, Forest Founders may use other methods, including but not limited to purchasing carbon offsets, to negate a Subscriber’s carbon footprint.
7. Rewards Program
Forest Founders may offer a rewards program (“Rewards Program”). The Rewards Program is a free subscriber loyalty program that allows participants to earn "Program Rewards" with qualifying purchases on our Platform. We reserve the right to change, modify and/or eliminate the Rewards Program and/or all or any portion of the Rewards Program at any time and in our sole discretion, including our right to discontinue or change the Program Rewards. Where required by law Forest Founders shall give applicable notice regarding the cancellation of the Rewards Program to its Subscribers. It is possible that you may be unable to receive enough Program Rewards if we discontinue the Rewards Program or merge the Rewards Program into another rewards program. For more information about our Rewards Program please visit your account on the Platform or contact us at [email protected]
All users of the Platform shall be automatically enrolled in our Rewards Program. Subscribers shall receive Program Rewards for the amount of money spent on the Platform excluding taxes or purchases made via Reward Points. From time to time, we, or others acting with our permission, may offer you opportunities to earn bonus Program Rewards, such as inviting you to engage with Forest Founders in special promotional events or activities in exchange for Program Rewards. We reserve the right to cap the amount of Program Rewards you may earn and you should be aware that all unused Program Rewards shall expire annually. If the Rewards Program is terminated, all Program Rewards that are offered within the Rewards Program will be forfeited without any obligation or liability, and no Program Rewards claims will be honored after the conclusion of the notice period. You are responsible for any federal, state or local taxes applicable to your participation in the Rewards Program. The Rewards Program and all Program Rewards are the sole property of Forest Founders, and are not the property of any users. Any Program Rewards issued via the Rewards Program have no cash value and are redeemable solely at Forest Founders’ discretion. Forest Founders will not compensate or pay cash for any forfeited or cancelled Program Rewards.
8. Subscriber Privacy
9. Use of the Platform
When using our Platform, Subscriber is responsible for its use and the use of the Platform by any of its Permitted Users. You agree to the following:
- You may not copy, distribute, access, or disclose any part of the Platform in any medium, including without limitation by any automated or non-automated “scraping” or unauthorized use of the server API;
- You may not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Platform;
- You may not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Platform or to extract data;
- You may not use automated bots or other software to send more messages through our Platform than humanly possible;
- You may not use the Platform on a computer that is used to operate nuclear facilities, life support, or other mission critical applications where life or property may be at stake;
- You may not decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to the Platform or any portion of it;
- You may not access our Platform in an attempt to build a similar or other competitive product;
- You may not use the Platform in an unlawful manner;
- You may not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- You may not collect or harvest any personally identifiable information,including account names, except where permitted, from the Platform;
- You may not impersonate any person or entity or misrepresent your affiliation with a person or entity;
- You may not violate or infringe other people's intellectual property, privacy,or other contractual rights while using our Platform;
- You may not violate any requirements, procedures, policies or regulations of networks connected to Forest Founders;
- You may not sell, lease, loan, distribute, transfer, or sublicense the Platform or access to it or derive income from the use or provision of the Platform unless enabled through the functionality of our Platform;
- You may not interfere with or disrupt the Platform;
- You may not violate any US state or federal laws or regulations and you solely are responsible for such violations;
- You agree not to use the Platform in any way that is: misleading, unlawful,defamatory, obscene, invasive, threatening, or harassing.
- You agree that you will not hold Forest Founders responsible for your use of our Platform; and
- You agree not to cause, or aid in, the disruption, destruction, manipulation,removal, disabling, or impairment of any portion of our Platform, including the de-indexing or de-caching of any portion of our Platform from a third party’s website, such as by requesting its removal from a search engine.
If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Platform may at our discretion be terminated or suspended and we reserve the right to seek damages. Additionally, if we believe that your actions may harm us or a third party we may suspend or terminate your use of the Platform. Generally, we will provide an explanation for any suspension or termination of your use of any of our Platform, but Forest Founders reserves the right to suspend or terminate any account at any time without notice or explanation.
10. Subscriber Content
Subscriber or its Permitted Users’ ability to submit or transmit any information hrough the Platform, including but not limited to data, written content, images, videos, or any other information will be referred to as “Subscriber Content” throughout this Agreement. Please be aware that we are not required to host, display, migrate, or distribute any of your Subscriber Content and we may refuse to accept or transmit any Subscriber Content. You agree that you are solely responsible for any Subscriber Content submitted and you release us from any liability associated with any Subscriber Content submitted. We provide industry standard security but we cannot guarantee the absolute safety and security of any such Subscriber Content. Any Subscriber Content found to be in violation of this Agreement or that we determine to be harmful to the Platform may be modified, edited, or removed at our discretion.
When submitting any Subscriber Content to our Platform you represent and warrant that you own all rights to the Subscriber Content, you have paid any fees to use or license the Subscriber Content, or you otherwise have the permission and right to use any Subscriber Content. Furthermore, you represent and warrant that all Subscriber Content is legal and the Subscriber Content does not interfere with any third party rights or obligations.
When you submit any Subscriber Content to us, you grant Forest Founders, its partners, affiliates, Subscribers, representatives and assignees a non-exclusive, limited,fully-paid, royalty-free, revocable, world-wide, universal, transferable, assignable license to display, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, or use and reuse all or part of your Subscriber Content for any purposes we deem necessary including but not limited to sub-licensing your Subscriber Content to third parties. Additionally, you grant to Forest Founders a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Platform any suggestion,enhancement request, recommendation, correction or other feedback provided by you relating to the operation of our Platform. We reserve the right to remove, delete, modify, screen, edit, or refuse any Subscriber Content for any reason or no reason, and with or without notice to you. Where any Subscriber Content is submitted we shall store such Subscriber Content in a secure and confidential manner that is compliant with our internal storage policies.
11. Monitoring Subscriber Content
Forest Founders shall have the right, but not the obligation, to monitor all Subscriber Content on the Platform at all times, to determine compliance with this Agreement and any guidelines established by us. Without limiting the foregoing, Forest Founders shall have the right, but not the obligation, to remove any Subscriber Content at its sole discretion. For example, we may remove Subscriber Content if we believe that any Subscriber Content may harm us or our business interests or violate any United States laws or regulations. We have no obligation to retain or provide you with copies of any Subscriber Content after your termination of this Agreement.
12. Platform Availability
Although we try to provide continuous availability to you, we do not guarantee that the Platform will always be available, work, or be accessible at any particular time. Specifically, we do not guarantee any uptime or specific availability of the Platform. You agree and acknowledge that the Platform uses remote access and may not always be either 100% reliable or available. Only Subscribers who are eligible to use our Platform may do so and we may refuse service or terminate your access at any time. We cannot guarantee that anything found on our Platform will work to the functionality desired by you or give you any desired results.
13. Modification of Platform
We reserve the right to alter, modify, update, or remove the Platform or any portions thereof, at any time at our discretion. We may conduct such modifications to our Platform for security reasons, intellectual property, legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications or provide you access to previous versions of our Platform. For example, we may provide updates to fix security flaws, or to respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Platform for security, legal or other purposes.
14. Platform Security
Forest Founders implements administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of your information and all Subscriber Content. Those safeguards used are based on industry standards. Aside from such industry standard safeguards, Forest Founders can make no guarantees regarding any Platform security or any Subscriber Content secured.
You agree to pay for all costs, fees, and taxes listed when purchasing any access to the Platform or for any additional purchases. Subscriber authorizes Forest Founders or its third party payment processors to charge their method of payment on file at the time of purchase. Where applicable, you must agree to our third party payment processors terms and conditions for processing payments. All information that you provide in connection with a purchase or transaction must be accurate, complete, and current. Where you have failed to pay or where payments are overdue, Forest Founders may suspend or terminate your access to the paid portions of the Platform, without liability to us.
Depending on the laws of your jurisdiction you may be taxed for any payments or purchases. In the event that we do not collect the applicable taxes, you agree that you are still responsible for any applicable taxes. Although no taxes may be collected by us you agree that you will pay any applicable taxes or fees to the tax agencies having jurisdiction over you.
17. Order Acceptance
All orders are subject to availability. An order contract is not created until we accept and acknowledge your order and send you an order confirmation (“Order Confirmation”). As our products may become unavailable from time to time, you agree that even after you receive an Order Confirmation we may cancel your order without penalty. Please be aware that any statements made by our customer service representatives or salespeople are non-binding in nature. We reserve the right to refuse shipments of products to you and to cancel any orders for any reason at any time.
18. Returns and Refunds
At Forest Founders we want you to be satisfied with our products and your subscription to the Forest Founder Services. However, at this time we cannot offer any refunds for any purchases made via the Platform. If you believe that you are entitled to a refund please contact us at [email protected]
. Please be aware that any refunds granted are at our sole and ultimate discretion.
If we believe that you have participated in a fraudulent chargeback we will pursue our claims against you to the fullest extent allowed by law. We will forward your information to the applicable law enforcement agency and your fraudulent chargeback may result in either a civil fine or jail time.
20. Credit Card Declines
Where your credit card has been declined after our products have been shipped to you, or services have been rendered, you agree that we may resubmit your charge until such charge is fully paid, whether the charge is made as one additional charge or as installments.
At checkout you will be able to select from multiple shipping options. Shipping is generally available in the United States, and other locations as listed. Prices for each location may vary. Standard shipping times and rates will apply; if you have any questions regarding our shipping policies please contact us. Please be aware that as we do not transport the products we cannot guarantee shipping times. Before we can ship your order, Forest Founders must prepare your product and ensure quality control. We recommend you check all shipments immediately once you have received them. If you have any issues with your shipment, please contact us immediately.
Risk of Loss
All items purchased through the Platform are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon tender of the item to the third party shipping carrier.
22. Product Issues, Availability, and Pricing
As our Platform contains a number of products, it is possible that some of the products listed on our Platform may be incorrectly priced, improperly labeled, or may be unavailable. Additionally, other errors may be displayed on the product page. Although we try to keep all products on our Platform available and on hand, there may be times where such products are unavailable. Where you have ordered an unavailable product we will contact you and inform you that the product is unavailable, if you wish to continue with your purchase, your credit card will be charged and your order will be shipped to you once the product becomes available. Please be aware that if you purchase a currently unavailable product there may be a significant delay before you receive such product.
Where a product's correct price is less than our stated price, you agree that we may charge you the lower price for the purchased product. If a product's correct price is higher than the price stated on our Platform, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection. You agree that we are not obligated to provide you any products at an incorrect lower price, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a pricing error. Please be aware that pricing on any products may change at any time.
23. Product Photos and Sizing
Please be aware that all photos of any products sold on Forest Founders are for illustrative purposes only. Although we use reasonable efforts to ensure that our products are almost entirely similar to the photos offered on our Platform, it is possible that some photos shown on our Platform may not be entirely representative of the actual product. The final products received by you may vary slightly in color, size, look, finish, or style. Additionally, you should be aware that all sizing is approximate and not exact.
24. Subscription Plans and Renewals
For your convenience when you sign up for the Platform, your payment information shall be logged. IF YOUR ACCOUNT HAS BEEN SET UP FOR AUTOMATIC PAYMENTS, FOREST FOUNDERS MAY CHARGE YOU AUTOMATICALLY AND ON A RECURRING BASIS, UNLESS YOU NOTIFY US THAT YOU WANT TO CANCEL YOUR AUTOMATIC PAYMENT VIA YOUR ACCOUNT DASHBOARD. ADDITIONALLY, YOU AUTHORIZE US TO BILL YOU ON A RECURRING BASIS AND AGREE THAT YOUR SELECTED SUBSCRIPTION SHALL AUTOMATICALLY RENEW FOR ADDITIONAL PERIODS (OF THE SAME LENGTH AS YOUR INITIAL SUBSCRIPTION) UNTIL WE ARE NOTIFIED OTHERWISE. YOU AGREE THAT NO ADDITIONAL CONSENT IS REQUIRED BY YOU TO CHARGE YOUR PREFERRED PAYMENT METHOD AUTOMATICALLY AND ON AN AUTOMATICALLY RENEWABLE BASIS FOR THE SUBSCRIPTION SELECTED.
25. Pricing and Price Increases
The pricing for all paid subscriptions is listed on the Forest Founders website or within your account. Forest Founders may increase the price of any paid subscriptions, at our discretion and we reserve the right to do so at any time. In the event of a price increase, Forest Founders shall notify you and you will have the chance to accept or reject any price increase before the paid subscription renewal. Please notify us if you intend to reject a price increase. Where you have rejected a price increase, upon the expiration of your paid subscription, portions of the Platform may become immediately unavailable.You agree that Forest Founders has no obligation to offer any services for the price originally offered to you at sign up.
26. Intellectual Property
The name “Forest Founders”, the Forest Founders Platform along with the design of the Forest Founders Platform and any text, writings, images, templates, scripts, graphics, interactive features and any trademarks or logos contained therein ("Marks"), are owned by or licensed to Forest Founders, subject to copyright and other intellectual property rights under US and foreign laws and international conventions. Forest Founders reserves all rights not expressly granted in and to the Platform. You agree to not engage in the use, copying, or distribution of anything contained within the Platform unless we have given express written permission.
27. Idea Submission
Forest Founders or any of its employees do not accept or consider unsolicited ideas, including but not limited to ideas relating to processes, technologies, product enhancements, or product names. Please do not submit any unsolicited ideas, content, artwork, suggestions, or other works (“Submissions”) in any form to Forest Founders. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Forest Founders’ products might seem similar to ideas that you submitted to Forest Founders. Where you submit any Submission, whether solicited or unsolicited, you agree that: (1) your Submissions and their contents will automatically become the property of Forest Founders, without any compensation to you; (2) Forest Founders may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for Forest Founders to review the Submission; and (4) there is no obligation to keep any Submissions confidential.
THE PLATFORM IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER FOREST FOUNDERS, NOR ANY OF OUR EMPLOYEES, MANAGERS, OFFICERS, ASSIGNS, AFFILIATES, OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: (1) THE PLATFORM OR ANY FOREST FOUNDERS SERVICES OR PRODUCTS; (2) ANY INFORMATION OR CONTENT PROVIDED VIA THE PLATFORM; OR (3) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO FOREST FOUNDERS, OR VIA THE PLATFORM. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. FOREST FOUNDERS DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. FOREST FOUNDERS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE PLATFORM IS ACCURATE, COMPLETE, OR USEFUL. FOREST FOUNDERS DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND FOREST FOUNDERS SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.
29. Limitation of Liability
IN NO EVENT SHALL FOREST FOUNDERS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FOREST FOUNDERS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES, INCLUDING NEW JERSEY, DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU OR ANY NEW JERSEY RESIDENTS. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. SPECIFICALLY, IN THOSE JURISDICTIONS NOT ALLOWED, WE DO NOT DISCLAIM LIABILITY FOR: (1) DEATH OR PERSONAL INJURY CAUSED BY FOREST FOUNDERS’S NEGLIGENCE OR THAT OF ANY OF ITS OFFICERS, EMPLOYEES OR AGENTS; (2) FRAUDULENT MISREPRESENTATION; OR (3) ANY LIABILITY WHICH IT IS NOT LAWFUL TO EXCLUDE EITHER NOW OR IN THE FUTURE. WHERE A TOTAL DISCLAIMER OF LIABILITY IS DISALLOWED YOU AGREE THAT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNTS YOU HAVE PAID IN THE PAST SIX (6) MONTHS TO USE OUR PLATFORM OR ONE HUNDRED USD, WHICHEVER IS GREATER. The foregoing limitations on liability and any other limitations of liability set forth herein are not applicable to residents of New Jersey. With respect to residents of New Jersey, Forest Founders shall not be liable for any damages arising out of your access to or use of the Platform, unless such damagesare the result of our negligent or reckless acts or omissions; provided, however, that we shall not be liable for consequential, indirect or punitive damages.
You agree to defend, indemnify and hold harmless Forest Founders, its officers, directors, employees, affiliates, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
- your use of and access to the Forest Founders Platform;
- your violation of any term of this Agreement; or
- your violation of any third party rights, including without limitation any copyright, property, or contractual right.
This defense and indemnification obligation will survive this Agreement and your use of the Forest Founders Platform. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as the one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
We take copyright infringement very seriously. If you believe that any content owned by you has been infringed upon please send us a message which contains:
- Your name.
- The name of the party whose copyright has been infringed, if different from your name.
- The name and description of the work that is being infringed.
- The location on our Platform of the infringing copy.
- A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party whois legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
- A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our Copyright Agent: Copyright Agent of Forest Founders,[email protected]
In the event that you receive a notification from Forest Founders stating content posted by you has been subject to a copyright takedown notice, you may respond by filing a counter-notice pursuant to the DMCA. Your counter-notice must contain the following:
- Your name, address, email and physical or electronic signature.
- The notification reference number (if applicable).
- Identification of the material and its location before it was removed.
- A statement under penalty of perjury that the material was removed by mistake or misidentification.
- Your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your Vendor is located (if you are not in the US).
- Your consent to accept service of process from the party who submitted the takedown notice.
Please be aware that we may not take any action regarding your counter-notice unless your notification strictly complies with the foregoing requirements. Please send this counter-notice in accordance with the takedown notice instructions above.
32. Choice of Law
This Agreement shall be governed by the laws in force in the state of New Jersey. The offer and acceptance of this contract is deemed to have occurred in the state of New Jersey.
By using this Platform, you agree that: (1) any claim, dispute, or controversy you may have against us, Forest Founders or the Platform arising out of, relating to, or connected in any way with this Agreement shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”); (2) the claim or dispute must be brought within one (1) year of the first date of the event giving rise to such action and the arbitration shall be held in Jersey City, NJ, or at such other location as may be mutually agreed upon by you and Forest Founders (the foregoing time limitation is not applicable to residents of New Jersey); (3) the arbitrator shall apply New Jersey law consistent with the Federal Arbitration Act and applicable statutes of limitations; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or Forest Founders’ individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (5) both parties will bear their own costs of representation and filing for the dispute; (6) where possible and allowed for under the AAA Rules and Procedures, both parties shall be entitled to appear electronically or telephonically for all proceedings; and (7) with the exception of subpart (4) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (4) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither user nor Forest Founders shall be entitled to arbitrate their dispute. For more information on AAA and its Rules and Procedures, users may visit the AAA website at http://www.adr.org. In the event that any portion of this arbitration provision is found to be unenforceable or void, both partiesagree to settle any disputes arising out of this Agreement in a court of competent jurisdiction located in Hudson County, NJ. You and Forest Founders each agree that the following claims are exceptions to this arbitration clause and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
34. Class Action Waiver
You and Forest Founders agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action. You and Forest Founders acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable disputes. This class action waiver does not apply to New Jersey residents.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement or any other agreement you may have with Forest Founders are deemed to conflict with each other’s operation, Forest Founders shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
37. Assignment and Survival
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion. All portions of this Agreement that would reasonably be believed to survive termination shall survive and remain in full force upon termination, including but not limited to the Limitation of Liabilities, Representation and Warranties, Access, Payment, Indemnification, and Arbitration sections.
You may cancel your access to the Platform or any recurring payments at any time via your Forest Founders dashboard or contacting us at [email protected]
. Please be aware that upon termination of your account, access to portions of our Platform may be become immediately disabled and any Subscriber Content may become immediately inaccessible. We may terminate this Agreement with you if we determine that: (1) you have violated any applicable laws while using our Platform; (2) if you have violated any portion of this Agreement or any of our Platform policies; or (3) if we believe that any of your current or future actions may legally harm Forest Founders, our business interests or a third party, at our discretion. In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so.
39. Entire Agreement
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Platform and our Platform.
41. Electronic Communications
The communications between you and Forest Founders use electronic means, whether you visit the Platform or send Forest Founders e-mails, or whether Forest Founders posts notices on the Platform or communications with you via mobile notifications or e-mail. For contractual purposes, you (1) consent to receive communications from Forest Founders in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Forest Founders provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
42. Export Controls
The Platform and the underlying information and technology may not be downloaded, accessed, or otherwise exported or re-exported (1) into (or to a national or resident of) any country to which the U.S. has currently embargoed goods; or (2) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Platform, you agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws.
43. Platform Issues
Where you have any questions, issues, or if you are having trouble accessing or using the Platform, please contact us at[email protected]
44. California Subscribers
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Forest Founders must be sent to our agent for notice to: [email protected]
Lastly, California Subscribers are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
2. Information Collected
Personal data or personal information means any information about an individual from which that person can be identified. It does not include data where the identity has been removed or otherwise anonymized.
Personal Information Collected from Users
Personal Information Automatically Collected
Whenever you use our Platform, we may collect non-identifying information from you, such as your IP address, date/time-zone, interactions with the Platform, query information, location information, referring URL, browser, application interaction, mobile provider information, operating system, data usage, datatransferred, and Internet Service Provider.
3. Anonymized Data
Please be aware that we may collect and aggregate personal information from our Platform and may anonymize that information for our own research or internal purposes.Once such data has been anonymized, it cannot be traced back to you, the user.
4. Sharing and Use of Your Information
This section explains how Forest Founders may share or use your personal information.You consent to our use of your personal information for the following purposes:
- CONTRACT ADMINISTRATION - We may use your personal information to negotiate, execute, renew and/or manage a contract with you.
- ACCESS AND COMMUNICATIONS TO OUR PLATFORM AND SERVICES - We may use your personal information to (1) set-up and manage your Forest Founders account; (2) interact with you through our Platform (e.g. software updates, Platform announcements, etc.): and/or (3) manage and respond to your questions (e.g. technical, commercial or administrative) or requests for maintenance and support.
- USE OF THE PLATFORM - We may use your personal information to (1) enable you to enjoy the use of, and easily navigate the Platform; and/or (2) better understand your needs and interests.
- SHARING WITH THIRD PARTIES - We may share your information with service providers with whom we contract with such as contractors, payment providers, web hosts, data providers and others so that we may provide you any services and allow you to access the Platform.
- ALLOWING DOWNLOADS FROM THE PLATFORM - We may use your personal information to allow you to download data or content from the Platform.
- TRAINING & IMPROVEMENTS - We may use your personal information to (1) train our employees or contractors to allow for a better Platform experience; and/or (2) improve the Platform.
- DIRECT MARKETING AND INQUIRIES - We may use your personal information to contact you for additional products and services that you may be interested in or to respond to an inquiry.
5. Retention of Personal Information
Forest Founders will only retain your Personal Information for as long as required. We will keep your personal information:
- Until we no longer have a valid reason to keep or use your personal information. We retain the personal information we collect for so long as reasonably necessary to fulfill the purposes for which the information was collected, to perform our contractual and legal obligations, and for any applicable statute of limitations periods for the purposes of bringing and defending claims.
- Until we receive a request to eliminate, delete, or modify any of your personal information stored with us, subject to our legal obligations.
6. Accessing and Editing Your Information
When using our Platform you may be able to access and edit some of your personal information via the Platform dashboard. If at any time, you have any questions or wish to review, change, or edit any additional personal information collected by us, please contact us at [email protected]
7. Removal of Information
If you wish to have any of your personal information stored within the Forest Founders Platform removed, please contact us at[email protected]
. Please be aware that removal requests are not processed instantaneously. There may be a reasonable delay in removing any personal information requested.
You may make a removal request by email at[email protected]
. If you require additional details regarding the deletion or retention of your personal information, please contact us. All removal or deletion requests are subject to Section 5and subject to any applicable laws. Additionally, we will retain and use your personal information (even after a removal or deletion request), where required, so that we may fulfill our legal obligations, resolve disputes, and enforce our agreements.
9. Opting Out and Do Not Track
If you decide to provide us with your contact information, you agree that we may send you communications via text and email where you have consented. However, you may opt out of any communications and you may opt out of certain personal information submission where applicable. If you wish to opt out of certain communications or information collection, please do so via the Platform dashboard.
We currently do not offer website functionality for you to opt out of any “do not track” signals or listings.
10. Third Parties
11. Security Measures
We make reasonable attempts to protect your information by using physical and electronic safeguards in accordance with industry standards. However, as our Platform is hosted electronically we can make no guarantees as to the security or privacy of your information. For this reason, we recommend that you use anti-virus software, robust passwords, firewalls, and other precautions to protect yourself from security and privacy threats.
12. Your California Privacy Rights
with any questions regarding your California Privacy Rights.
13. Age Compliance
We intend to fully comply with American and international laws respecting children’s privacy. Therefore, we do not collect or process any information for any persons under the age of 18. If you are under 18 you may not access the Platform.
14. Transfer of Your Information Internationally
If you are not a citizen of the United States please be aware that your personal information shall be transferred and processed in the United States. These data transfers are necessary to provide the Platform to you.
15. Merger and Acquisition
In the event that Forest Founders is involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your personal information may be sold or transferred as part of that transaction. Please be aware that once the information is transferred your privacy rights may change.
17. Contacting Us
If you have any additional questions, please contact us at[email protected]