FORZADASH TERMS OF USE
FORZADASH TERMS OF USE
ForzaDash represents the applications created by Forza Corp, including but not limited to CWDash and KasDash.
Note: Forza Corp is the full name of the legal entity, which is a Connecticut corporation. Forza Corp may be referred to as or may dba (doing business as) any of the following: Forza Corporation, Forza Technology Solutions, Forza Dash, Forza-Bassett, Forza Software, Forza Software Solutions, Forza-Bassett Technology Solutions, Forza and Forza.com. All dba names are binding upon Forza Corp.
Thank you for using the ForzaDash service! This page contains the Terms and Conditions of Use (the “Terms of Use”) and a reference to ForzaDash’ Privacy Policy (the Terms of Use and Privacy Policy, together are referred to as the “Agreement”) governing your use of (a) the ForzaDash website located at www.cwdash.com, www.kasDash.com and www.forzadash.com , and any subdomain of thereof (collectively, the “Site”), (b) any off-line software components made available to you by or on behalf of ForzaDash on or through the Site (collectively, the “Desktop”), (c) any web-based services made available to you by or on behalf of ForzaDash via the Site (each, a “Web-based Offering”), and (d) all data, text, graphics, sound or video clips, flash animations, user interfaces, visual interfaces, trademarks, logos, and computer code, whether on the Site, in the Desktop or in a Web-based Offering (collectively, the “Content”), including but not limited to the design, structure, selection, coordination, “look and feel” and arrangement of such Content. The Site, the Desktop, Web-based Offerings and the Content (collectively or any part thereof, the “Service”) are the property of ForzaDash, Inc. (“ForzaDash”) and our licensors, and are protected by applicable intellectual property rights.
By clicking the “I accept” or similar button and/or using, downloading or accessing the Service, you are expressly, absolutely, unequivocally and unconditionally consenting and agreeing to be bound by and are becoming a party to these Terms of Use either for yourself or, if you are using, downloading, or accessing the service on behalf of your employer or another entity, you are accepting on behalf of your employer or another entity, and you represent and warrant that you have the full legal authority to bind your employer or such entity to these terms and conditions. If you do not have such legal authority, or you do not agree with these Terms of Use, you must press, click or otherwise select the “I do not accept” or similar “button” when prompted and you may not use or access the Service and you must remove any ForzaDash-provided software and content from your computer or other device.
Revisions
ForzaDash reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use and the Privacy Policy at any time. The most current version of the Terms of Use may be found at www.cwdash.com/termsofuse. You should visit this page periodically to review the most current Terms of Use, because you are bound by them. Your continued use of the Service indicates your acceptance and agreement to the changes. As long as you comply with this Agreement, ForzaDash grants you a personal, non-exclusive, non-transferable, limited privilege to enter the Site and use the Service.
These Terms of Use will govern any updates provided to you by ForzaDash that replace and/or supplement the original Desktop, a Web-based Offering, or any other portion of the Service, unless such upgrade is accompanied by a separate license or revised agreement, in which case the terms of that license or revised agreement will govern.
Personal, Internal Business or Limited Commercial Use Only
Except as otherwise set forth herein, the Service is made available to you for: a) your personal use; b) your internal business use; or c) if you are a Managed Service Provider (“MSP”), or Value Added Reseller (“VAR”), use in the commercial support of your customers, in compliance with all applicable laws, rules and regulations. If you want to make any other commercial use of the Service, including but not limited to selling, distributing or providing access to the Service for payment, you must enter into a written agreement with Forzadash or obtain ForzaDash’ written permission in advance.
If you are asked to register for the Service, you must provide complete and accurate identification, contact, and other information required as part of the registration process, and accurately and promptly update that information if it changes. Forzadash reserves the right, in its sole discretion, to refuse or discontinue participation or access to any or all of the Service to any user or member at any time.
Except as expressly provided in these Terms of Use, no part of the Service, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring” and “framing”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without ForzaDash’ express prior written consent.
As part of our efforts to implement on-going innovation, we may from time-to-time stop (permanently or temporarily) providing the Service or any part thereof, without notice. You may stop using the Service at any time and are under no obligation to inform Forzadash when you stop using the Service. You acknowledge and agree that if ForzaDash disables access to your account, you may be prevented from accessing the Service, your account details or any files or other content contained in your account.
Children
No part of the Service is directed to or designed for use by persons under the age of 15. If you are under 15 years of age, you must not use or access the service at any time or in any manner. By using the Service, you represent and guaranty that you are at least 18 years of age, or, if you are under 18 years of age (but 15 years of age or older), then you affirm that you possess the legal consent of your parent or guardian to access and use the Service.
Restrictions and Prohibited Actions
The Service is intended for the use described above and, in any documentation, provided by ForzaDash in connection with the applicable portion of the Service only and may not be used in connection with any other commercial endeavors except those that are specifically allowed, endorsed or approved by ForzaDash. Except for distributions for the use described above to your employees or independent contractors in compliance with these Terms of Use, you may not distribute or otherwise commercially exploit or make available to any third party the Service, or any part thereof, in any way (e.g., rent, lease, lend, sell, redistribute or sublicense the Service or access to the Service). You may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
You may not change, reorganize, modify, copy, reverse engineer, decompile, disassemble, attempt to derive the source code of, or create derivative works from the Service, any updates, or any part thereof for any purpose, including in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, (c) remove, change or replace any ForzaDash’ trademarks, logos, copyrights or any other branding elements, (d) modify, hide, obscure, disable or otherwise render inoperable any portion of the user interface including, but not limited to, the display of advertisements and promotions within the Service, or (e) copy any ideas, features, functions or graphics of the Service. If you wish to request ForzaDash’ written approval to do any of the above, please contact ForzaDash by sending an email to [email protected]. ForzaDash has sole discretion as to whether to consent to such activity and such activities are expressly prohibited without the express, prior written consent of ForzaDash.
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service, or in any way reproduce or circumvent the navigational structure or presentation of the Service to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service.
You may not attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any ForzaDash server, or to any of the services offered on or through the Service, by hacking, password “mining” or any other illegitimate means. You may not harvest or collect user names, email addresses or any other member identifying information by electronic or other means for the purpose of sending unsolicited email or other communications. Unauthorized commercial advertisements, affiliate links, and other forms of solicitation may be removed from member profiles and or community postings without notice and may result in termination of member privileges.
You may not probe, scan or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures of the Service or any network connected to the Service. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor of the Service, or any other customer of ForzaDash, including any ForzaDash account not owned by you, to its source, or exploit the Service or any service or information made available or offered by or through the Service, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Service.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person’s use of the Service. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to ForzaDash on or through the Service or any service offered on or through the Service. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You may not use the Service or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of ForzaDash or others.
If you breach these restrictions, or otherwise exceed the scope of the licenses or other rights granted herein, then you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights. You expressly agree to indemnify, defend and hold Forza Corp. harmless for, from and against any claims, actions, losses or damages incurred or allegedly incurred as a result of your violation of the restriction contained herein.
Account information and Security
Access to and use of portions of the Service may require you to open an account (including setting up a ForzaDash ID and password). To register, you must provide a valid email address as a ForzaDash ID. You are solely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify ForzaDash immediately of any unauthorized use of your account or password, or any other breach of security. However, you will be responsible for losses incurred by ForzaDash or any other user of the Service due to someone else using your ForzaDash ID, password or account.
You, not ForzaDash, shall have sole responsibility and liability for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all your data, and ForzaDash shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any of this data. You shall not knowingly send or store spam, unlawful, infringing, obscene, or libelous material, or viruses, worms, Trojan horses and other harmful code.
You may not use anyone else’s ForzaDash ID, password or account at any time without the express permission and consent of the holder of that ForzaDash ID, password or account. ForzaDash cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
By providing us with your email address, you agree to receive all required notices electronically, to that email address. ForzaDash will use this email address in accordance with our terms of use. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
If you chose to complete a ForzaDash user profile, a project page or a profile page, you agree to accurately represent yourself, your background and experience, your work history and company affiliation, your certifications and areas of expertise, and any other personal or company information you chose to share. You also agree not to impersonate any person, company or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person, company or entity.
Intellectual Property Ownership
You acknowledge that ForzaDash (and its licensors, where applicable) exclusively and solely owns all right, title and interest in and to the Service, portions thereof, or software or content provided through or in conjunction with the Service, including without limitation, all Intellectual Property Rights in and to the Service and any protectable suggestions, ideas, enhancements, requests, feedback and recommendations or other information provided by you or any other party relating to the Service. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree not to (and agree not to allow third parties to) modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Service, or to extract significant portions of Service’s files for use in other applications. You also agree to (and will require third parties to) not remove, obscure, or alter ForzaDash’ or any third party’s copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Service.
User Content
You are solely responsible for the photos, profiles, messages, notes, text, information, music, video, plugins, source code, computer software, and other content that you upload, publish, submit, share or display (hereinafter, “post”) on or through the Service, or transmit to or share with other members (collectively the “User Content”). You understand and agree that ForzaDash may, but is not obligated to, review and delete or remove (without notice) any User Content in its sole discretion, including without limitation User Content that in ForzaDash’ sole judgment violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of members, users or others.
By posting User Content to any part of the Service, you automatically hereby grant, and you represent and guaranty that you have the right to grant, to ForzaDash an irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Service or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing.
All Survey information collected from the MSP will be shared with the sponsors. The MSP or user of ForzaDash accepts and understands that the MSP will contacted and campaign to by sponsors of the platform and authorizes Forza to disclose or otherwise provide such information to its sponsors.
You also hereby grant each member or user a non-exclusive license to access the User Content you post through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of the Service and the Site and under this Agreement.
Notwithstanding the foregoing, to the extent your User Content consists of data inputted by you or your users into the Web-based Offering or the Desktop for the purpose of facilitating your use of the Web-based Offering or the Desktop, the licenses set forth above are limited to ForzaDash’ use of such data for your benefit (e.g., to make available or support your use of the Web-based Offering or Desktop), in aggregated or anonymized form that does not identify you or your company individually. and for other uses required by law.
You may remove your User Content from the Site at any time but you acknowledge that once you have posted any User Content to the Site, other users may have retained a copy of your User Content and may still have access to those copies despite your removal of the User Content from the Site. You acknowledge that this User Content may persist in backup copies, derivative works or aggregate form for a period of time.
The Service contains content created by us, by third parties, and by our users and members. This content includes, among other things, reports, comments, opinions from other IT professionals, scripts, plugins, wikis, widgets, how-to projects, product reviews, white papers, webinars and software downloads. It also includes information about products and services offered by parties other than ForzaDash, such as product descriptions, specifications, pricing, availability, and performance. We do not guarantee the accuracy, the integrity, or the quality of the content on the Service, and you may not rely on any of this content. Without limitation, we are not responsible for postings by users in the reports, scripts, plugins, widgets, product rating, product review, user opinion, message board, feedback or any other sections of the Service. You should not rely on such information in situations where its inaccuracy would cause you to suffer any loss (see Disclaimer of Warranties and Limitation of Liability sections below).
You may not post or transmit any message which is libelous or defamatory, or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate.
Except where expressly permitted, you may not post or transmit charity requests; petitions for signatures; franchise, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements); club memberships, chain letters, or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users or members to use or buy products, goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose and as expressly permitted.
You agree that any employment or other relationship you form or attempt to form with an employer, employee, or contractor whom you contact through the Service or the Site that may be designated for that purpose is between you and that employer, employee, or contractor alone, and not with us.
You may not copy or use personal identifying or business contact information about other users or members without their permission. Unsolicited e-mails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Service are prohibited.
You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted or shared by you through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
No Implied Rights
There are no implied licenses granted to you or any third-party in these Terms of Use. All rights not granted herein are expressly reserved by ForzaDash, our licensors or the copyright owner of any User Content.
Digital Millennium Copyright Act
ForzaDash respects the intellectual property rights of others. Infringing Content may not be posted to the Service. If you post any content that contains any intellectual property, including code, photos, literary works, musical works, and/or sound recordings, you must be the owner of such intellectual property or have all required rights, licenses, consents, and permissions to use such intellectual property on the Service. In addition to being grounds for removal of your posting, termination of your user account, termination of your membership, and any other remedy ForzaDash may have against you, your failure to own or obtain such rights may subject you to civil and/or criminal liability.
If you are a copyright owner or an agent thereof, and you believe any content submitted to and hosted on the Service infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”). More details regarding such notification may be found here. In addition, click here to find more information about how to file a counter notification if you believe your posting was removed in error.
Desktop Terms
If you download, install or access the Desktop, the following provisions apply to you.
License. The Desktop is licensed, not sold, to you for use only under the terms of this Agreement. Subject to the terms and conditions of and your ongoing compliance with this Agreement, including without limitation payment of the applicable fees (if any), ForzaDash hereby grants you a personal, limited, revocable, non-exclusive, non-transferable license to install and use the Desktop solely for your personal, non-commercial use, or, if you are an entity rather than an individual, to allow your employees and contractors to use the Desktop for the sole benefit of you, provided each such employee or contractor has agreed to and is bound by this Agreement.
Automatic Updates. The Desktop may communicate with ForzaDash’ servers to check for available updates to the software, such as bug fixes, patches, enhanced functions, missing plugins and new versions. During this process, the Desktop sends ForzaDash a request for the latest version information. By installing the Desktop you hereby agree to automatically request and receive updates from ForzaDash’ servers.
Some personal firewall programs may be configured in such a way as to prevent the Desktop from receiving these updates. If the computer on which you install ForzaDash is so configured, it may be necessary for you to make an exception entry in the configuration of the personal firewall program to allow the Desktop to successfully install and receive these updates.
Third Party Software. The software you download for the Desktop consists of a package of components, including certain third party software provided under separate license terms, which can be found in the documentation for the Desktop or the applicable help, notices, about or source files or will be provided to you by ForzaDash on request. You are permitted to use such third party software in conjunction with the Desktop in a manner consistent with the terms of this Agreement, however, you may have broader rights under the applicable separate license terms and nothing in this Agreement is intended to impose further restrictions on your use of such third party software.
Fees and Payments
Signing up for a ForzaDash account is free. Access and use of portions of the Site and certain other portions of the Service may be provided at no charge. However, ForzaDash reserves the right to charge for the Service or any portion thereof, modify the pricing of, add to, or discontinue the Service or any portion thereof without prior notice.
From time to time, ForzaDash makes available certain value-added services for a fee, such as a Web-based Offering. Should you elect to use such services, you agree to pay the required fee as specified in the services registration and purchase pages. If you elect not to pay any fees charged by ForzaDash, ForzaDash shall have the right to cease providing those services to you. ForzaDash reserves the right to modify the pricing of these services at any time without prior notice.
If you use a portion of the Service requires a subscription fee, your right to access and obligation to pay for access to that portion of the service will automatically renew, unless we terminate it, or you notify us by telephone or email ([email protected]) to Customer Service of your decision to terminate the service. You must cancel any such subscription before it renews in order to avoid billing of the subscription fee for the renewal term to your credit card. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. If payment is made via a purchase order or check, you agree to remit the payment before the date specified on the invoice.
All monetary transactions on the Service take place in U.S. currency unless otherwise indicated.
The Service may use third parties to process payments. Our third-party payment processors accept payments through methods detailed on the applicable payment screen, which may include various credit cards. You agree to pay for all products and services that you purchase through the Service, and you agree that we may charge your selected payment method, either directly or through the services of a third-party payment processor, for any such payments. Only those payment methods accepted by our third-party payment processor can be used to purchase products, goods, or services through the Service.
You are responsible for determining and paying the appropriate government taxes, fees, and service charges resulting from a transaction occurring through or arising as a result of use of the Service. We are not responsible for collecting, reporting, paying, or remitting to you any such taxes, fees, or service charges, except as may otherwise be required by law.
Trademarks
FORZADASH, the ForzaDash Logo, “Powered by ForzaDash”, the powered by ForzaDash Logo, ForzaDash, “It’s Everything IT”, “Where IT Goes to Work”, “CWDash”, ForzaDash Reach, spreadForzaDash.com, and other ForzaDash’ graphics, logos, tag lines, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of ForzaDash in the U.S. and/or other countries. ForzaDash’ trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without ForzaDash’ prior written permission.
Advertisements
Some of the Service is supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Service, queries made through the Service or other information. The manner, mode and extent of advertising by ForzaDash on the Service are subject to change without notice. In consideration for ForzaDash granting you access to and use of the Service, you agree that ForzaDash may place such advertising on the Service.
International Use
You shall abide by all applicable laws and regulations regarding use of the Service. ForzaDash and its licensors make no representation that the Service is appropriate or available for use in any location. The Service is controlled and operated from within the United States. ForzaDash makes no representations that materials contained within the Service are appropriate or available for use in other locations, and access to the Service from locations where such activity is illegal is prohibited. Those who choose to use the Service from other locations do so on their own initiative and are solely responsible for compliance with all applicable laws.
By accessing the Service, you agree that you are responsible for complying with all applicable laws export and trade and economic sanctions regulations, including the U.S. Export Administration Regulations (“EAR”), 15 CFR Parts 730-799, and economic sanctions regulations administered by the U.S. Treasury Department’s Office of Foreign Assets Controls (“OFAC”), 15 CFR Parts 500-599. As such you agree that you will not download or use the Service without all required approvals in any proscribed destination (including Cuba, Iran, North Korea, Sudan, and Syria), on behalf of any proscribed entity or person, including those listed on the Treasury Department’s List of Specially Designated Nationals and the Commerce Department’s List of Denied Persons and/or Entity List, for any proscribed end use, including weapons of mass destruction or any proliferation related activity, or in any other manner contrary to these export regulations and sanctions programs. You further certify that you are not a proscribed end-user or the Service for a proscribed end use or other unauthorized end use under the regulations, as described above.
Internet Delays and Problems
FORZADASH SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. FORZADASH IS NOT RESPONSIBLE OR LIABLE IN ANY WAY FOR ANY DELAYS, DELIVERY FAILURES, DATA LOSS OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
Disclaimer of Warranties
ForzaDash and any third party who makes its software or content available in conjunction with or through ForzaDash expressly disclaims any responsibility or liability for any harm or damage resulting from your use (or use by your employees, agents or contractors) of the Service and/or any third-party software or content accessed in conjunction with or through the Service.
FORZADASH DOES NOT PROMISE, REPRESENT, GUARANTY OR WARRANT THAT THE SERVICE OR ANY CONTENT, COMPONENT, SITE OR FEATURE OF THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SERVICE WILL PROVIDE SPECIFIC RESULTS. THE SITE, ITS CONTENT AND COMPONENTS, AND THE SERVICE ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON OR VIA THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. FORZADASH CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. FORZADASH AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF ACCURACY, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. FORZADASH AND ANY THIRD PARTY WHO MAKES ITS SOFTWARE OR CONTENT AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICE AND SUCH THIRD-PARTY SOFTWARE OR CONTENT. FORZADASH DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE.
YOU ASSUME TOTAL RESPONSIBILITY AND LIABILITY FOR YOUR USE OF THE SERVICE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST FORZADASH FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF REMEDY IS A PART OF THE BARGAIN BETWEEN THE PARTIES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE SERVICE AND ALL THIRD-PARTY SOFTWARE OR CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SERVICE AND SUCH THIRD-PARTY SOFTWARE AND CONTENT. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD FORZADASH HARMLESS FROM AND AGAINST YOUR MISUSE OF THE SERVICE AND LINKED SITES.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL FORZADASH OR ANY THIRD PARTY WHO MAKES ITS SOFTWARE OR CONTENT AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE BE LIABLE TO YOU OR ANY OTHER USER ON ACCOUNT OF ANY USE OR MISUSE OF THE SERVICE OR SUCH THIRD-PARTY SOFTWARE OR CONTENT. NEITHER FORZADASH NOR ANY THIRD-PARTY SOFTWARE OR CONTENT PROVIDER SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE (EVEN IF FORZADASH AND/OR A THIRD-PARTY SOFTWARE OR CONTENT PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICE AND ALL THIRD-PARTY SOFTWARE OR CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE, FROM INABILITY TO USE THE SERVICE AND ALL THIRD-PARTY SOFTWARE OR CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE AND ALL THIRD-PARTY SOFTWARE AND CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), OR ANY RELIANCE BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES, THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES.
Without limiting the generality of the foregoing, you agree that ForzaDash is not responsible for any loss arising out of, or in any way connected with (a) delay or inability to access or use the Service; (b) reliance on any Content or User Content; (c) the transmission of any computer virus, however occurring; (d) any unauthorized access to, modification or alteration of Content or User Content; (e) any Content or User Content sent or received or not sent or received; (f) any transaction entered into through the Service; (g) any infringement of rights, including Intellectual Property Rights; (h) any threatening, defamatory, obscene, offensive, harmful, inappropriate or illegal Content or User Content or conduct of any party; (i) any User Content sent by any third party using and/or included in the Service; (j) termination of your user account or membership; or (k) any delays, interruptions, inaccuracies, errors, omissions or cessation of the Service.
For the avoidance of doubt, you acknowledge that ForzaDash is a provider of an interactive computer service and not a publisher under Section 230 of the Communications Decency Act of 1996, and therefore not responsible for any of the User Content or other third-party postings.
If, notwithstanding the provisions of this section, a court of competent jurisdiction holds ForzaDash liable in respect of any matters arising under or incidental to this Agreement, FORZADASH’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, WILL IN NO EVENT EXCEED THE AMOUNT PAID BY YOU FOR USING THE SERVICE DURING THE 12 MONTHS PRECEDING YOUR CLAIM, OR, IF NO AMOUNT WAS PAID, SUCH LIABILITY WILL BE LIMITED TO $500.
THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Governing Law; Disputes
This Agreement and any dispute that may arise related to this Agreement are governed by Connecticut law. All claims arising out of or relating to this Agreement must be litigated exclusively in the federal or state courts of New Haven County, Connecticut and you consent to venue and personal jurisdiction there for the purposes of litigating all claims related to this Agreement. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remainder of the Agreement will continue in full force and effect.
Miscellaneous Provisions
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Forzadash.