Company
Resurces
TERMS OF USE
Last Updated: June 2022
Forward Software Ltd. and its Affiliates (collectively, “Forward”, “Company”, “We” or “us”) welcome you (the “Customer”, “you” or “your”) to our: (i) website at https://www.Forwrd.ai and any additional website or webpages owned and/or operated by Forward (collectively, the “Site”) and/or (ii) software product and services platform, provided as-a-service, in either web-based or desktop version (“Platform”), which may be offered to you either as a paid or as a free version and service (“Paid Services” or “Free Services”, as applicable, and collectively the “Services”).
“Affiliate” shall mean an entity that controls, is controlled by, or is under common control with the subject entity; “control” for purposes of this definition, means direct or indirect ownership of control of more than 50% of the voting interests of the subject entity.
“End User(s)” shall mean individuals authorized by you to register to the Site and/or Platform and to access and use the Services on your behalf.
By entering into, connecting to, accessing or using the Site and/or Services you hereby acknowledge that you have read and understood and agreed to be bound by the terms and conditions herein (“Terms of Use”), including the Forward Privacy Policy, incorporated herein by reference (available at: https://www.Forwrd.ai/Privacy (“Privacy Policy” and collectively, the “Terms”) regarding your use of the Site and Services. If you do not agree to these Terms please do not access or use the Site and/or Services.
If you are entering into these Terms on behalf of a corporation or another legal entity, you hereby represent that you have the authority to bind such entity to the Terms, in which case the terms “User” “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with these Terms, you must not accept these Terms and shall not be permitted to use the Services. Customer shall be solely liable for End Users’ compliance with these Terms.
By accepting these Terms, you represent and warrant that any and all information you provide us through the Site and Services is true, accurate and complete. The provision of false or fraudulent information is strictly prohibited.
Site & Services
These Terms govern your access and use of the following:
Site
Our Site offers basic information on our company, technology and various products and features we offer. You may also contact Forward through our Site or a landing page on our behalf.
Use of Platform
Access of and use by End Users of the Services, whether they are offered and provided as Free Services or Paid Services, as shall be set forth in the Customer’s applicable order form or any other similar agreed form (“Order Form”).
Paid Services
Pais Services are made available as subscriptions for the duration of the term (“Subscription Term”) set forth in the Order Form on the prices listed therein.
Free Services
The Free Services offers the Customer and its End Users a free version of the Platform with limited features and functionalities.
Forward reserves the right to modify, correct, amend, enhance, improve, make any other changes to, suspend or discontinue, temporarily or permanently the Site and/or Services (or any part thereof, including but not limited to the Forward content) without notice, at any time and at its sole discretion. You agree that Forward shall not be liable to you (and/or to End Users) for any such actions, including without limitation, modification, suspension, or discontinuance of the Site and/or Services.
Accounts & Passwords
In order to access and use the Services you will need to create a Customer and/or End Users account (“Account”) and provide certain details requested therein.
If you are not logging on through a third party network (such as Google SSO), you must also create a password to access your Account. You are solely responsible to maintain the confidentiality of your Account and password and you must not share such credentials with any third party. You should ensure that you exit from your Account at the end of each session and take particular caution when accessing your Account from public or shared computers. You agree to notify us immediately (at Support@Forwrd.ai ) of any unauthorized access to or use of your Account or password or any other breach of security.
All information you provide for registration of your Account will be stored and used in accordance with our Privacy Policy.
Eligibility
You (and End Users) must be over the age that is considered to be the age of minors according to the law applicable to you to be able to access the Site and Platform and to use the Services. We reserve the right to request proof of age at any stage so that we can verify that minors are not using the accessing or using the Site, Platform and/or Services. In the event that it comes to our knowledge that a person who is a minor is using the Site, Platform and/or Services, we will prohibit and block such person from accessing the Site, Platform and/or Services and will make all efforts to promptly delete any data with regard to such person.
Representations and Undertakings; Indemnification
Representations. You represent and warrant at all times throughout your access to and use of the Site, Platform and/or Services that: (i) you have full authority to agree to these Terms, and there is no restriction, limitation, contractual obligation or statutory obligation which prevents you from fulfilling your obligations under these Terms; (ii) you are and will continue to be in compliance with all applicable laws, rules, and governmental (state, local, and community) and regulatory levies and requirements relating to your access to and use of the Site, Platform and/or the Services; (iii) your access to and use of the Site, Platform and/or Services has not been previously blocked, suspended or terminated; (iv) you do not authorize a third party to do any of the foregoing; and (v) you will not infringe or violate any of these Terms.
Indemnification. You agree to defend, indemnify and hold harmless Forward and its Affiliates and their respective directors, officers, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, fines, late fees, cancellation fees and expenses (including attorney’s fees) arising directly or indirectly from your violation of the obligations set forth in Section 4.1 above.
Rights to Access and Use
Except as otherwise specified herein, and in any event subject to your compliance with these Terms (and in particular with your payment obligations with respect to Paid Services) Forward is granting you with a limited personal, non-exclusive, non-assignable, non-transferrable, non-sublicensable, revocable (at Forward’s discretion) right to access and use the Site, Platform and the Services subject to these Terms, for your own business needs.
Use Restrictions & Customer Data
Use Restrictions. Certain conduct is strictly prohibited on and/or with respect to the Site, Platform and/or Services. Your failure to comply with the provisions set forth below may result, in the termination or suspension of your access to the Site, Platform and/or Services, which is in Forward’s sole and absolute discretion, and may also expose you to civil and/or criminal liability.Other than the rights expressly specified in these Terms, no other right or interest is granted to Customer and/or End Users in connection with the Site, Platform and/or Services (or any part thereof). Without limiting the foregoing, Neither Cuysotme nor End Users will: (a) make the Site, Platform and/or Services available to anyone , or use the Site, Platform and/or Services for the benefit of anyone, except as expressly authorized hereunder; (b) use the Site, Platform and/or Services to store or transmit infringing, libelous or otherwise unlawful or tortious material, or use the Site, Platform and/or Services to store or transmit material in violation of third-party privacy rights; (c) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Site, Platform and/or Services, or access the Site, Platform and/or Services to build a competitive product or service, including any product or service using similar ideas, features, functions or graphics of the Site, Platform and/or Services; (d) modify, copy, translate, or create derivative works based on the Site, Platform and/or Services (except as expressly authorized hereunder); (e) sell, resell, license, sublicense, distribute, rent or lease the Site, Platform and/or Services or include the Site, Platform and/or Services in a timeshare or service bureau offering; (f) remove any proprietary notices, restrictions, signs, or labels; (g) use the Site, Platform and/or Services to send unsolicited bulk commercial email of any kind, regardless of the content or nature of such messages; (h) interfere or attempt to interfere with the integrity or proper working of the Site, Platform and/or Services; or (i) use the Site, Platform and/or Services in any manner not expressly authorized by these Terms or otherwise not in accordance with applicable law.
Customer Data. Customer hereby grants to Forward, its Affiliates and its applicable contractors a non-exclusive, worldwide, royalty-free license to host, copy, use, display and transmit any and all data, information and material input or uploaded to the Site, Platform and/or Services or transmitted to Forward through the Site , Platform and/or Services by or on behalf of Customer and/or End Users (“Customer Data”) as appropriate for Forward to provide and ensure proper operation of the Site, Platform and/or Services. Subject to the limited licenses granted herein, Forward acquires no right, title or interest from Customer and/or End Users or their licensors under these Terms in or to any Customer Data. Customer and/or End Users or their licensors reserve all of their right, title and interest in and to the Customer Data, including all of their related intellectual property rights. You understand and agree that you are solely responsible for Customer Data and the consequences of publishing such Customer Data on the Site, Platform and/or Services. You represent that you are the rightful owner of the Customer Data you upload to the Site, Platform and/or Services or that you have (and will continue to have) all necessary licenses, rights, consents and permissions for such use of Customer Data and that such data does not infringe, misappropriate or violates any third-party rights (including intellectual property and privacy rights).
FEES & PAYMENT
Fees. Customer will pay Forward the fees for the Paid Services set forth in the Order Form. All payments are due in U.S. dollars unless otherwise indicated on the Order Form or invoice. Customer is responsible for providing complete and accurate billing and contact information to Forward and updating Forward of any changes. All orders are non-cancellable and all fees paid are non-refundable and not subject to set-off or any withholding. Fees are subject to annual update as shall be notified in advance by Forward or otherwise agreed in writing by the parties.
Invoicing & Payment. Unless otherwise set forth in the Order Form, all fees will be invoiced in advance. All invoices issued under these Terms are due and payable according to the payment terms in the Order Form, if applicable, or within thirty (30) days from invoice send date. If Customer provides Forward with credit card information for payment, Customer acknowledges that an invoice may not be sent and Customer authorizes Forward to charge the credit card for the Paid Services listed in the Order Form for the applicble Subscription Term(s). If the Customer requires the use of a purchase order or purchase order number, the Customer (a) must provide the purchase order number at the time of purchase and (b) agrees that any terms and conditions on a Customer purchase order will not apply to these Terms and are void.
Late Payments. Past due amounts are subject to a finance charge of 1.5% per month (or the highest rate permitted by law) from the payment due date until paid in full. Customer will be responsible for all reasonable expenses (including attorneys’ fees) incurred by Forward in collecting past due amounts. Forward may suspend or terminate the Services due to default in payment of fees.
Taxes. Customer is responsible for all taxes, except those directly relating to Forwards net income, gross receipts, or capital stock. Forward will invoice Customer for VAT or sales tax or any other similar tax when required to do so and Customer will pay such taxes unless Customer provides Forward with a valid tax exemption certificate authorized by the appropriate taxing authority.
Future Functionality. Customer agrees that it has not relied on the availability of any future functionality of the Site, Platfrom and/or Services or any other future product or service in executing these Terms or any Order Form. Customer acknowledges that information provided by Forward regarding future functionality should not be relied upon to make a purchase decision.
Confidentiality
Definition of Confidential Information. For purposes of these Terms, “Confidential Information” shall mean any non-public information disclosed by either party (the “Disclosing Party”) to the other party (the “Receiving Party”), either directly or indirectly in writing, orally, or by inspection of tangible objects: (a) that the disclosing party identifies as confidential or proprietary at the time of disclosure; or (b) that reasonably appears to be confidential or proprietary because of legends or other markings, the circumstances of disclosure, or the nature of the information itself. Confidential Information of Customer includes Customer Data; Confidential Information of Forward includes the Order Forms (including pricing) and any documentation provided to the Customer with respect to the Site, Platform and/or Services. Notwithstanding the foregoing, Confidential Information shall not include any information that the Receiving Party can document (i) is or becomes (through no breach by the Receiving Party of these Terms or any other obligation of confidentiality applicable to the Receiving Party) generally available to the public; or (ii) was lawfully in its possession or known by it prior to receipt from the Disclosing Party; or (iii) was rightfully disclosed to it without restriction by a third party who is not bound by any confidentiality obligations with respect thereto; or (iv) is independently developed by the Receiving Party without use of or reference to the Confidential Information. For clarity, the non-disclosure obligations set forth in this “Confidentiality” section apply to Confidential Information exchanged between the parties in connection with the evaluation of additional Forward services and offerings.
Protection of Confidential Information. As between the parties, each party retains all ownership rights in and to its Confidential Information. The Receiving Party will use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but not less than reasonable care) to: (a) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of these Terms; and (b) except as otherwise authorized by the Disclosing Party in writing, limit access to Confidential Information of the Disclosing Party to those of its and its Affiliates’ employees and contractors who need that access for purposes consistent with these Terms and who are bound by confidentiality agreements with the Receiving Party containing protections not materially less protective of the Confidential Information than those herein.
Neither party will disclose the terms of any Order Form to any third party other than its Affiliates, legal counsel and accountants without the other party’s prior written consent, provided that a party that makes any such disclosure to its Affiliate, legal counsel or accountants will remain responsible for such Affiliate’s, legal counsel’s or accountant’s compliance with this “Confidentiality” section. Notwithstanding the foregoing, Forward may disclose the terms of any applicable Order Form to a contractor to the extent necessary to perform Forward’s obligations hereunder, under terms of confidentiality materially as protective as set forth herein.Compelled Disclosure. The Receiving Party may disclose Confidential Information of the Disclosing Party to the extent compelled by law to do so, provided the Receiving Party gives the Disclosing Party prompt prior written notice of the compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure. If the Receiving Party is compelled by law to disclose the Disclosing Party’s Confidential Information as part of a civil proceeding to which the Disclosing Party is a party, and the Disclosing Party is not contesting the disclosure, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing secure access to that Confidential Information.
Intellectual Property Rights
Intellectual Property. The Site, Platform, Services, any related documentation, and the design, logos, graphics, icons, images, as well as the selection, assembly and arrangement thereof, Forward’s proprietary software, algorithms and any and all intellectual property rights pertaining thereto, including, without limitation, inventions, patents and patent applications, trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs (including the “look and feel” of the Site and/or Services and any part thereof), specifications, methods, procedures, information, know-how, data, technical data, interactive features, source and object code, files, interface, GUI and trade secrets, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), are owned by and/or licensed to Forward, and are subject to copyright and other applicable intellectual property rights under U.S. and Israeli laws, foreign laws and international conventions.
Trademarks. All logos and other proprietary identifiers used by Forward in connection with the Site, Platform. Services, and other Forward products and services, (“Forward Trademarks”) are all trademarks and/or trade names of Forward or its Affiliates, whether or not registered. All other trademarks, service marks, trade names and logos, which may appear on or with respect to the Site, Platform and/or Services belong to their respective owners (“Third-Party Marks”). No right, license, or interest to Forward Trademarks and/or to the Third-Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to Forward Trademarks or the Third-Party Marks and you will not use any of these marks, unless expressly permitted to do so.
Feedback. Customer hereby grants Forward a perpetual, irrevocable, royalty-free, and fully paid-up right to use and otherwise exploit in any manner any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by Customer and/or End Users related to the Site, Platform and/or Services or other Forward products or services, including for the purpose of improving and enhancing the Site, Platform and/or Services (“Feedback”), provided that Customer and/or End Users are not referenced in such use. Customer hereby represents and warrants that it shall not provide any Feedback which is subject to any third-party rights or any limitations, and, without derogating from the foregoing, shall promptly inform Forward as soon as it becomes aware of any third- party right or limitation which may apply to Feedback already provided.
Usage Information. Notwithstanding anything to the contrary, Forward may collect and analyze data and other information relating to the provision, use and performance of various aspects of the Site, Platform and/or Services and related systems and technologies (including, without limitation, information concerning Customer Data and data derived therefrom), and Forward will be free (during and after the term hereof) to: (a) use such information and data to improve and enhance the Site, Platform and/or Services and for other development, diagnostic and corrective purposes in connection with the Site, Platform and/or Services and other Forward offerings; and (b) disclose such information and data solely in aggregated or other anonymized form in connection with its business.
Third Party Services
The Site, Platform and/or Services may be linked to and/or through certain third-party websites and other third-party services (collectively, “Third-Party Services”). Such Third-Party Services are independent from the Site, Platform and/or Services. You hereby acknowledge that Forward has no control over such Third-Party Services, and further acknowledge and agree that Forward is not responsible for the availability of Third-Party Services, and does not endorse nor is it responsible or liable for any goods, services, content, advertisements, products, or any materials available on and/or through such Third Party Services.
You further acknowledge and agree that Forward shall not be responsible or liable, directly or indirectly, for any damage or loss whatsoever caused, or alleged to be caused, by or in connection with use of or reliance on any goods, services, content, products or other materials available on or through any Third-Party Services. Most Third-Party Services provide legal documents, including terms of use and privacy policy, governing the use of each such Third-Party Services, their contents and services. We encourage you to read these legal documents carefully before using any such Third-Party Services.
No reference made in this Site, Platform and/or the Services to any specific commercial product, process, or service (or provider of such product, process or service) other than such products, processes, or services of Forward, constitute or imply an endorsement, recommendation or favoring by Forward.
No Warranties; Limitation of Liability
DISCLAIMER OF WARRANTY. THE SITE, PLATFORM AND SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND EXPRESSLY EXCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, FORWARD AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO THE CUSTOMER AND/OR ENF USERS THAT: (A) THEIR USE OF THE SITE, PLATFORM AND/OR SERVICES WILL MEET THEIR REQUIREMENTS, (B) THEIR USE OF THE SITE, PLATFORM AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA RELATED TO THE SITE, PLATFORM AND/OR SERVICES WILL BE ACCURATE. IT IS SPECIFICALLY AND EXPRESLLY AGREED AND CLARIFIED THAT NEITHER FORWARD NOT ITS AFFILATED ASSUME ANY LIABILITY WITH RESPECT TO THE FREE SERVICES, INCLUDING ANS THAT ALL WARRANTIES, SUPPORT OBLIGATIONS AND INDEMNIFICAITONS IN RESPECT THEREOF ARE HEREBY DISCLAIMED. NOTWITHSTANDING ANYTHING TO THE CONTRARY, CUSTOMER SHALL BE FULLY LIABLE UNDER THESE TERMS TO FORWARD AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF ITS AND ITS END USERS’ USE OF THE SITE, PLATFORM AND/OR SERVICES AND/OR ANY BREACH OF THESE TERMS.
LIMITATION OF LIABLITY. EXCLUDING EACH PARTY’S OBLIGATION OF CONFIDENTIATLITY UNDER SECTION 2, AND CUSTOMER’S BREACH OF SECTION 4 OR OTHER VIOLATION OF FORWARD’S INTELLECTUAL PROPERTY RIGHTS, (A) EACH PARTY, ITS AFFILIATES AND LICENSORS SHALL NOT BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES INCURRED BY SUCH PARTY, AND (B) THE TOTAL LIABILITY OF EACH PARTY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED $1,000 IN THE AGGREGATE. NO ACTION MAY BE BROUGHT BY YOU FOR ANY BREACH OF THESE TERMS MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION. AS SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTIAL OR CONSEQUENTIAL DAMAGES, THEN SUCH LIMITATIONS ONLY MAY NOT APPLY TO CUSTOMER USER IN SUCH STATES.
Term and Termination
Term. These Terms are valid for the terms of the Free Services or for the duration of the Subscriptions Terms set forth in the Order Forms. The Subscription Terms for Paid Services shall be automatically renewed for a term of one (1) year unless either party provides written notice of non-renewal to the other at least thirty (30) days before expiration of the applicable initial term or then-current renewal term.
Forward has the right to terminate or suspend your access to all or part of the Site, Platform and/or Services for any or no reason, including without limitation, any violation of these Terms.
Except as otherwise stated herein, in the event of any expiration or termination of these Terms, all rights granted hereunder shall immediately expire and any and all use of the Site, Platform and/or Services shall immediately cease and expire. After 45 days Forward will have no obligation to maintain any Customer Data/ Such sections intended to survive termination shall so survive, including without limitation, Section 4 (Representations and Undertakings; Indmenificaiton); Section 6 (Use Restrictions & Customer Data); Section 8 (Confidentiality): Section 9 (Intellectual Property Rights); Section 10 (Third Party Services); Section 11 (No Warranties; Limitation of Liability); Section 12 (Term and Termination); and Section 16 (Miscellaneous).
Amendment to Terms
Forward reserves the right to modify or otherwise update these Terms at any time. Continued access or use of Site, Platform and/or Services by the Customer and/or End Users following such update shall indicate their acceptance of the most recent version of the Terms always available at: https://www.Forwrd.ai.
Forward will make commercially reasonable efforts to notify you of any substantial changes to these Terms by posting the new Terms on the Site, Platform and/or Services and/or by sending you an e-mail regarding such changes to the email address that is registered under your Account. Such substantial changes will take effect seven (7) days after such notice was provided on any of the above-mentioned methods. Otherwise, all other changes to these Terms are effective as of the stated “Last Update” date and your continued use of the Site, Platform and/or Service after the Last Updated date will constitute acceptance of, and agreement to be bound by, those changes. Please note that in the event that the Terms should be amended to comply with any legal requirements, such amendments may take effect immediately and without any prior notice, as may be required by law.
Direct Marketing
You hereby agree that we may use your contact details provided by you through the Site or Platform for purpose of informing you regarding our products and/or services, which may interest you, to contact you by telephone (including texting), and to send to you other marketing material, transmitted by e-mail, notices, and/or messages on the Site or Platform. You may revoke your consent to any individually targeted communications at any time by contacting us at Support@Forwrd.ai.
Misconduct & Copyright Policy
We care for your safety and well-being. If you believe a User acted inappropriately including, but not limited to, offensive, violent or sexually inappropriate behavior or content, please report such person immediately to the appropriate authorities and to us.
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Site, Platform and/or Services infringe your copyright, you may request removal of those materials (or access to them) from the Site, Platform and/or Services by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must substantially include the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information sufficient to permit Forward to locate the material (including URL address or screen capture of such infringing activity); (iv) information so that the Forward can contact you, such as address, telephone number and e-mail address; (v) a statement that you believe in good faith that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate and, under penalty of perjury, you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. Forward’s Copyright Agent can be reached at:
HaHashmonaim 88 st., Tel Aviv, Isreal
Attn: DMCA Copyright Agent
Email: legalnotices@Forwrd.ai
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
If you believe that material you posted on the Site or Platform was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter-Notice must include substantially the following: (i) full name, address, phone number and physical or electronic signature; (ii) identification of the material and its location before removal; (iii) a statement under penalty of perjury that the material was removed by mistake or misidentification; (iv) consent to an appropriate judicial body; and (v) any other information required under the relevant applicable law. Forward reserves the right to notify the person or entity providing the infringement notice of such counter-notice and provide any details included therein. The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.
Please be aware that if you knowingly materially misrepresent that certain material or activity on the Site and/or Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and reasonable attorneys’ fees) under Section 512(f) of the DMCA. It is our policy, in appropriate circumstances, to disable and/or terminate the accounts of Users who are repeat infringers.
Miscellaneous
Customer agrees to comply strictly with all U.S., Israeli and other applicable export laws and assume sole responsibility for obtaining the applicable government export licenses to export or re-export as may be required. These Terms and any and all Order Forms will be governed by the laws of the State of Israel without reference to conflict of law principles. Each party agrees to submit to the exclusive jurisdiction of the courts located in Tel Aviv, Israel to resolve any legal matter arising from these Terms and order Forms, without derogating however from each party’s right to obtain temporary remedies (including injunctions) in any competent court. Customer may not assign any of its rights or obligations under these Terms and Order Forms, whether by operation of law or otherwise, without the prior written consent of Forward. Forward is free to assign any of its rights or obligations under these Terms and Order Forms to any third party, including in the framework of mergers and acquisitions, reorganization and the like. The parties are independent contractors and these Terms do not create a partnership, franchise, join venture, agency, fiduciary, or employment relationship between the parties. There are no third-party beneficiaries under these Terms and Order Forms. These Terms and valid Order Forms are the entire agreement between the parties relating to the subject matter hereof. Waivers and amendments of any provision hereof shall be effective only if signed by both parties. The failure of either party to enforce its rights hereunder at any time for any period shall not be construed as a waiver of such rights. If any provision hereof is held invalid or unenforceable, the remainder provisions will continue in full force and effect. Neither party has received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value from any employee or agent of the other party in connection with their engagement. All notices hereunder will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. These Terms and Order Forms may be delivered by electronic transmission, and electronic signatures shall be binding as originals. The Services and other technology Forward makes available, and derivatives thereof may be subject to export laws and regulations of the United States, Israel and other jurisdictions. You represent you are not named on any U.S. or Israel government denied-party list. You may not access or use any of the Services in a U.S. or Israel embargoed country or in violation of any U.S. or Israel export law or regulation.
Contact
If you have any questions (or comments) concerning the Terms or the Site, Platform and/or the Services, you are welcome to send us an email to the following address, and we will make an effort to reply within a reasonable timeframe: legalnotices@Forwrd.ai.
By contacting us, you represent that you are free to do so and that you will not knowingly provide Forward with information that infringes upon third parties’ rights, including any intellectual property rights. You further acknowledge that notwithstanding anything herein to the contrary, any and all rights, including intellectual property rights in such information provided, shall belong exclusively to Forward, and Forward may use or refrain from using any such information at its sole discretion.