These Terms of Use govern your access to and use of iForem, Inc.’s (“iForem”)
website (the “Site”), including, but not limited to the
iForem support forum and related FAQs (support forum, FAQs and any portions thereof
are, separately and collectively, the “Forum”), and, excluding
Subscriber Content (as defined below) any information, text, graphics, or other
materials appearing on the Site, (the “Content”). Any
information, text, graphics, or other materials appearing on the Forum will be referenced
here in as the “Forum Content”, which is included in the
definition of Content. This is a binding legal agreement between you and iForem.
Your access to and use of the Site and Content are expressly conditioned on your
compliance with these Terms of Use. By accessing or using the Site or Content, or
by clicking you agree to be bound by these Terms of Use.
No Access to Core Services or Enhanced Services
These Terms of Use do not authorize or govern any access or use of the Core
Services or Enhanced Services provided through the Site by iForem (as such services
are described on the Site). If you wish to subscribe to and use the Core Services
or Enhanced Services, you must register and, as applicable, pay for such services,
and you must agree to the applicable agreement(s) (the “Services Agreements”)presented
during such enrollment process. The Services Agreements will govern your use of
such Core Services and Enhanced Services. Individuals who have paid any amounts
due and completed the enrollment process (the “Account Holders”),
and individuals who have been authorized by Account Holders (in accordance with
the Services Agreements) to use Core Services or Enhanced Services and who have
entered into applicable Services Agreements, are referred to herein as the
“Subscription Users”. Any content placed by Subscription Users
into perpetual storage using the Core Services (the “Subscriber Content”)is
not part of and is explicitly excluded from the definition of Content for purposes
of these Terms of Use.
Your Use of the Content
Users who are not Subscription Users (as defined above) may nonetheless register
on the Site to view the Forum (“Registered Users”). Subject
to compliance with these Terms of Use, iForem authorizes such Registered Users to
access the unprotected areas of the Site and to view the Forum Content. Subject
to compliance with these Terms of Use, iForem authorizes users who are not Subscription
Users or Registered Users of the Site (“Browsers”) to
access the Site and view the Content that is made available to Browsers. Subject
to their compliance with these Terms of Use and any Services Agreement(s) to which
they are a party, iForem authorizes Subscription Users to (i) access the Site and
view the Content and (ii) download, print, copy, and modify the Forum Content solely
to use of the Core Services or Enhanced Services they are authorized to use. You
may not modify any Content or distribute any Content or any modifications or derivatives
thereof in any form. Any rights or permissions not explicitly granted herein are
withheld. You agree not to take any action that would exceed any such rights and
permissions granted to you.
Guard Your Password and Information
You are responsible for safeguarding the password that you use to access any secure
areas of the Site. You agree not to disclose your password to any third party. You
are to take sole responsibility for any activities or actions under your password,
whether or not you have authorized such activities or actions. You will immediately
notify iForem of any unauthorized use of your password.
iForem recommends that you do not disclose personal contact information to other
users. If you do, it is at your own risk.
iForem Property
All right, title, and interest in and to the Site and Content are and will remain
the exclusive property of iForem and its licensors. The Site and Content are protected
by copyright, trademark, and other laws, regulations, and international treaties.
Except as expressly permitted in these Terms of Use, you may not reproduce, modify,
prepare derivative works based upon, distribute, sell, transfer, publicly display,
publicly perform, transmit, or otherwise use the Site or Content. You may not copy
or modify the HTML code used to generate web pages on the Site. You will not use
the Site or Content on or in connection with any other website, or for any purpose,
except that Subscription Users can use the Forum Content in accordance with the
license set forth above.
Tone; General Prohibitions
The Forum is intended for positive, on-topic communications. You agree to take a
constructive tone and practice good etiquette while using the Forums. You agree
not to do any of the following, while using the Site or Content:
- Post, publish or transmit any text, graphics, or material that intentionally or
unintentionally: (i) is false or misleading; (ii) is defamatory; (iii) invades another’s
privacy; (iv) is obscene, pornographic, or offensive; (v) expresses, threatens,
or promotes violence, bigotry, racism, harassment, hatred, intimidation, or harm
against any individual or group; (vi) infringes another’s rights, including but
not limited to any intellectual property rights; (vii) violates—or encourages any
conduct that would violate—any applicable treaty, law, or regulation; or (viii)
gives rise to civil liability;
- Promote, advertise, or solicit participation in or for any non-iForem product, website,
or service;
- Impersonate or misrepresent your affiliation with any person or entity, including
iForem or an iForem employee;
- Forge any TCP/IP packet header or any part of the header information in any email
or posting or in any way use the Site or Content to send altered, deceptive, or
false source-identifying information;
- Send unsolicited email, junk mail, spam, or chain letters;
- Create "trolling" posts (trolling is deliberately posting false or provocative
information in order to elicit responses from people who really want to help);
- Access, tamper with, or use non-public areas of the Site, iForem’s computer systems,
or the technical delivery systems of iForem’s providers;
- Attempt to probe, scan, or test the vulnerability of any system or network or breach
any security or authentication measures;
- Attempt to access or search the Site or Content with any engine, software, tool,
agent, device, or mechanism other than the software or search agents provided by
iForem or other generally available third party web browsers (such as Microsoft
Internet Explorer or Mozilla Firefox);
- Attempt to access or search any Subscriber Content except as authorized to do so
under a Services Agreement;
- Attempt to decipher, decompile, disassemble, or reverse engineer any of the software
used to provide the Site or Content; or
- Interfere with, or attempt to interfere with, the access of any user, host, or network,
including, without limitation, sending a virus, overloading, flooding, spamming,
or mail-bombing the Site.
iForem will have the right to investigate and prosecute violations of any of the
above to the fullest extent of the law. iForem may involve and cooperate with law
enforcement authorities in prosecuting users who violate these Terms of Use. You
acknowledge that iForem has no obligation to monitor your access to or use of the
Site and Content, but has the right to do so for the purpose of operating the Site,
to ensure your compliance with these Terms of Use, or to comply with applicable
law or the order or requirement of a court, administrative agency, or other governmental
body.
Digital Millennium Copyright Act Compliance
iForem respects the intellectual property rights of others and expects users of
the Site to do the same. Please reference our DMCA Policy that is posted on the
Site.
Your Contributions
Other than your Subscriber Content, if you post or submit any information, data,
code, techniques, feedback, advice, suggestions, or other content (your “Contributions”)
on the Site or otherwise provide any Contributions to iForem, you hereby grant to
iForem a perpetual, irrevocable, world-wide, royalty free license to use, make,
have made, offer for sale, sell, copy, distribute, perform, display, and transmit
such Contributions, to sublicense these rights, and to grant to others the right
to do any of the foregoing. As provided above, the Contributions do not include
any Subscriber Content placed into perpetual storage of the Core Services.
Links
The Site may contain links to third-party websites or resources. You acknowledge
and agree that iForem is not responsible or liable for the availability, accuracy,
or content of such websites or resources. Links to such websites or resources do
not imply any endorsement by iForem.
Termination
If you violate any of these Terms of Use, your permission as a Registered User or
Browser to use the Site and Content will automatically terminate. iForem reserves
the right to revoke your access to and use of the Site and Content, and to remove
any post, at any time, with or without cause. iForem also reserves the right to
cease providing or to change the Site (or any portion or feature thereof) or Content
at any time or frequency and without notice. Your obligations and the warranties
and disclaimers, indemnities, limitations of liabilities, and iForem’s licenses
for the use of your Contributions, set forth in these Terms of Use will survive
any termination or expiration of this Agreement and your participation in the Site.
Use the Site at Your Own Risk
Your access to, use of, and reliance on the Site and Content is at your own risk.
iForem will have no responsibility for any (i) damage to your business, computer
system, or data, (ii) impact on Subscription Users use of the Core Services or Enhanced
Services, or (iii) other harm that results from your access to, use of, or reliance
on the Site or Content.
47 USC §240 Notice
Parental control protections (such as computer hardware, software, or filtering
services) are commercially available that may assist you in limiting access to material
that is harmful to minors. Information identifying current providers of such protections
can be found at http://www.parentalguidance.org/.
The Site is Available “AS-IS”
THE SITE AND CONTENT ARE PROVIDED TO YOU “AS IS”, WITHOUT WARRANTY OR CONDITION
OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, IFOREM EXPLICITLY
DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET
ENJOYMENT, OR NON-INFRINGEMENT.
IFOREM MAKES NO WARRANTY THAT THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS OR
BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. IFOREM MAKES NO WARRANTY
REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, ADVICE, OR INFORMATION PURCHASED
OR OBTAINED THROUGH THE SITE OR CONTENT, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS,
COMPLETENESS, OR RELIABILITY OF ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SITE
OR CONTENT. IF ANY WARRANTIES ARE PROVIDED FOR THE CORE SERVICES OR ENHANCED SERVICES,
THEY WILL BE SET FORTH IN THE SERVICES AGREEMENTS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM IFOREM (OUTSIDE
OF A FORMAL WRITTEN AGREEMENT) OR THROUGH THE SITE OR CONTENT WILL CREATE ANY WARRANTY
BY IFOREM NOT EXPRESSLY MADE HEREIN.
Indemnity
You agree to defend, indemnify, and hold harmless iForem, its officers, directors,
employees, and agents, from and against any third party claims, liabilities, damages,
losses, and expenses, including, without limitation, reasonable legal and accounting
fees, arising out of or in any way connected with your access to or use of the Site
or Content, or your violation of these Terms of Use.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IFOREM will not be liable for
any incidental, SPECIAL, consequential, or PUNITIVE damages resulting from your
access to or use of, or inability to access or use, the SITE OR content, whether
based on warranty, contract, tort (INCLUDING NEGLIGENCE), or any other legal theory,
whether or not IFOREM has been informed of the possibility of such damage, EVEN
IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PUrPOSE. YOU
SPECIFICALLY ACKNOWLEDGE THAT IFOREM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE,
INFRINGING, BREACHING, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT
THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, IFOREM WILL
HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED
ONTO OR DOWNLOADED FROM THE SITE.
YOU AGREE THAT THE AGGREGATE LIABILITY OF IFOREM TO YOU FOR ANY AND ALL CLAIMS ARISING
FROM THE USE OF THE SITE OR CONTENT IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO IFOREM
FOR ACCESS TO AND USE OF THE IFOREM OR CONTENT. THE LIMITATIONS OF DAMAGES SET FORTH
ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN IFOREM AND YOU.
Where applicable law does not allow the exclusion of implied warranties or certain
limitations of liability, some or all of the foregoing warranty exclusions and liability
limitations may not apply to you.
Severability / Waiver
In the event that any provision of these Terms of Use is held to be invalid or unenforceable,
the remaining provisions of these Terms of Use will remain in full force and affect.
The failure of either party to enforce any right or provision of these Terms of
Use will not be deemed a wavier of such right or provision.
Controlling Law and Jurisdiction
These Terms of Use and any action related thereto will be governed by the laws of
the State of California without regard to its conflict of law provisions. The exclusive
jurisdiction and venue of any action with respect to the subject matter of these
Terms of Use will be the state and federal courts located in San Francisco County,
California, and each of the parties hereto waives any objection to jurisdiction
and venue in such courts.
Entire Agreement
These Terms of Use, and any Services Agreement mutually agreed to between you and
iForem, are the entire and exclusive agreements between iForem and you regarding
the Site and Content and supersede and replace any prior agreements, written or
oral, between iForem and you regarding the Site and Content. In the event these
Terms of Use conflict with the terms of an agreement between you and iForem governing
subject matter other than the Forum and Content, the terms of such other agreement
will take precedence.
If you have any questions about these Terms of Use, or would like to report any
violation of these Terms of Use, please contact iForem at
terms@iforem.com