Terms of Service
The following are the terms and conditions for use of the Foretuit web application (“Service”). Please read them carefully before using the Service.
BY CLICKING THE “I ACCEPT” BUTTON AND COMPLETING THE REGISTRATION PROCESS, YOU (the terms “you” or “yours” includes the person or entity that is registered with the Service as well as any third parties accessing the Service on your behalf) ARE STATING THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE (“Agreement”). The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.
To register for the Service and create an account, you must complete the registration process by providing Foretuit with complete and accurate information as prompted by the registration form and desktop application, including any e-mail addresses and password. You shall protect your password and take full responsibility for your own and third party activities that occur under your account. You agree to notify Foretuit immediately of any unauthorized use of your account or any other breach of security.
From time to time, Foretuit may find it necessary to access your account. For instance, Foretuit may access your account for support, maintenance or security-related reasons. In such event, Foretuit will, if possible, provide you notice of its intent. Regardless of whether such notice is provided, you acknowledge and consent to such access.
II. Representations and Warranties; Disclaimers
You represent and warrant to Foretuit that you own all necessary rights, title or interest in and to the information accessed by and provided to Foretuit.
The information, reports and services included in or available through the Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Foretuit and/or its respective suppliers may make improvements and/or changes in the Service at any time, without obligation to notify any person or entity of such changes.
Foretuit does not represent or warrant that (i) the Service will be error-free or accessible at all times, (ii) defects will be corrected, (iii) the Service or the server that makes it available, are free of viruses or other harmful component, or (iv) the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable. You specifically agree that Foretuit shall not be responsible for unauthorized access to or alteration of your data.
THE SERVICE, AND REPORTS ARE [PROVIDED “AS IS” AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY FORETUIT EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICE, THE DOCUMENTATION AND REPORTS, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. FORETUIT DOES NOT WARRANT THAT THE SERVICE, OR REPORTS WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICE. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
III. Usage Rules
You are authorized to use the information that Foretuit produces, including but not limited to analysis, reports, dashboards, and visualizations, for your individual use only. The information cannot be aggregated with information from other users of Foretuit, whether by you or by others, unless explicitly authorized in writing or under an alternate agreement with Foretuit.
V. Service Levels
Foretuit does not guarantee, and shall have no liability for, any Service down time including but not limited to (i) outages to any public Internet backbones, networks or servers, (ii) any failures of your equipment, systems or local access services, (iii) previously scheduled or unplanned maintenance, or (iv) events beyond Foretuit’s control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where Foretuit or your servers are located or co-located.
VI. Limitations of Liability
FORETUIT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE SERVICE), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF FORETUIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS AND THE FOREGOING PARAGRAPH MAY NOT APPLY TO YOU.
FORETUIT’S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE AGGREGATE FEES PAID TO FORETUIT FOR USE OF THE SERVICE.
VII. U.S. Government Rights
If the use of the Service is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), in accordance with 48 C.F.R. 227.7202-4 (for Department of Defense (DOD) acquisitions) and 48 C.F.R. 2.101 and 12.212 (for non-DOD acquisitions), the Government’s rights in Foretuit Technology, including its rights to use, modify, reproduce, release, perform, display or disclose the Foretuit Technology, will be subject in all respects to the commercial license rights and restrictions provided in this Agreement.
VIII. Modifications to Terms of Service and Other Policies
Foretuit reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy governing the Service, at any time, by posting the new agreement to the Foretuit website located at http://www.foretuit.com/ (or such other URL as Foretuit may provide). You are responsible for regularly reviewing the policy. No amendment to or modification of this Agreement will be binding unless (i) in writing and signed by a duly authorized representative of Foretuit, (ii) you accept updated terms online, or (iii) you continue to use the Service after Foretuit has posted updates to the Agreement or to any policy governing the Service.
You will not use the Service in any way or for any purpose that would violate, or would have the effect of violating, any applicable laws, rules or regulations or any rights of any third parties, including without limitation, any law or right regarding any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity.
X. Miscellaneous; Applicable Law and Venue
Foretuit shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control. This Agreement (including any amendment agreed upon by the parties in writing) represents the complete agreement between us concerning its subject matter, and supersedes all prior agreements and representations between the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. This Agreement shall be governed by and construed under the laws of the state of Delaware without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and Delaware law, rules, and regulations, Delaware law, rules and regulations shall prevail and govern. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in the appropriate state or federal court for the district encompassing Foretuit’s principal place of business. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement. The Software is controlled by U.S. Export Regulations, and it may be not be exported to or used by embargoed countries or individuals. Any notices to Foretuit must be sent to: Foretuit 4 Old Redding Road, Weston, Connecticut 06883 via first class or air mail or overnight courier, and are deemed given upon receipt. A waiver of any default is not a waiver of any subsequent default. You may not assign or otherwise transfer any of your rights hereunder without Foretuit’s prior written consent, and any such attempt is void. The relationship between Foretuit and you is not one of a legal partnership relationship, but is one of independent contractors. This Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.
XI. Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside and to comply with any other local laws affecting the transmission or posting of content or affecting the privacy of persons.