FORMA TECHNOLOGY TERMS OF USE POLICY
1. Rules and Regulations
FORMA Technology. (“FORMA”) appreciates your visit to this web site (“Site”). The following rules and regulations apply to all visitors to or users of the Site. For purposes of accessing and browsing this Site, you accept, without limitation or qualification, these terms and provisions and acknowledge that, with regard to your access to or use of this Site, no other agreements between you and FORMA are of any force or effect. These rules and regulations apply to all visits to the Site, both now and in the future.
2. Compliance With Applicable Laws; Export Control Laws
The user’s access to this Site is governed by all applicable federal, state, and local laws. All information available on the Site is subject to U.S. Export Control laws and may also be subject to the laws of the country where you reside.
3. Trademarks
The trademarks, service marks, and logos (“Marks”) displayed on this Site are the property of FORMA or are used with the permission of the appropriate third party. Users are not permitted to use these Marks without the prior written consent of FORMA or such third party that may own the Mark.
4. Information Provided to FORMA
FORMA does not want you to, and you should not, send any confidential or proprietary information to FORMA via the Site. Any submission by you to FORMA, including but not limited to questions, comments, suggestions, and the like shall be deemed to be non-confidential and shall become the property of FORMA. Furthermore, by your submission, you grant to FORMA an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such information. FORMA shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products incorporating such information.
5. Links to Third Party Sites
This Site may contain links to web sites of third parties. Access to any other web site linked to this Site is at the user’s own risk, and FORMA is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites. Rather, FORMA provides these links merely as a convenience to you, and the inclusion of such links does not imply FORMA’s endorsement of the site(s).
6. Limitation of Liability
UNDER NO CIRCUMSTANCE SHALL FORMA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM YOUR USE OF OR YOUR INABILITY TO USE THE SITE OR FROM YOUR RELIANCE ON OR YOUR USE OF INFORMATION, SERVICES, OR MERCHANDISE PROVIDED ON OR THROUGH THE SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. THIS EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES MAY NOT APPLY TO YOU, HOWEVER, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. FORMA’s total liability to you for all losses, damages, claims, and causes of action (whether in contract, tort, or otherwise) will not exceed the direct incremental amount, if any, that you paid to FORMA for the specific purpose of accessing the Site.YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS FORMA (AND FORMA’S OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) FROM ANY AND ALL LIABILITIES, COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES (INCLUDING THE VALUE OF IN-HOUSE COUNSEL), RELATED TO ANY VIOLATION OF THE TERMS AND PROVISIONS OF THE FORMA TERMS OF USE POLICY BY YOU.
7. Assignment
The rules and regulations under this FORMA Terms of Use Policy may not be assigned by you without the prior written consent of FORMA. FORMA may assign the rules and regulations under this FORMA Terms of Use Policy, in whole or in part, to any affiliate or third party.
8. Disclaimer
FORMA makes no warranty or guarantee concerning the accuracy or reliability of the content of the Site or other sites to which the Site links. RATHER, THE SITE AND THE INFORMATION, SOFTWARE, AND OTHER MATERIAL AVAILABLE ON OR ACCESSIBLE THROUGH THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHERMORE, FORMA DOES NOT WARRANT THAT THE WEB SITE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY INFORMATION, SOFTWARE, OR OTHER MATERIAL AVAILABLE ON OR ACCESSIBLE THROUGH THE SITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. THIS EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU, HOWEVER, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.
9. Disputes
9.1 Any controversy or claim arising out of or in connection with the rules and regulations of this FORMA Terms of Use Policy, their enforcement, or their interpretation (“Dispute”) will be finally resolved solely in accordance with the terms and provisions of this Section 9.
9.2 If a Dispute arises, FORMA and the user agree to submit such Dispute to binding arbitration only, to be conducted pursuant to the rules of the American Arbitration Association, such arbitration to be held in Pompano Beach, Florida. Notwithstanding the preceding sentence, in the event that third parties are necessary to achieve a just adjudication of the issues, either party may commence a civil action in a court of competent jurisdiction having jurisdiction over all such parties. The parties are entitled to limited discovery under the local rules of civil procedure for courts of general jurisdiction. The parties further agree that any monetary award may be reduced to judgment and docketed in any court of competent jurisdiction without objection and execution had thereon.
9.3 No arbitration or action with regard to a Dispute may be brought more than (1) year after the Dispute, claim, or cause of action arose.
10. Governing Law
By accessing and browsing this Site, you agree that Florida law, without regard to its conflict of law principles, will apply to all matters relating to the use of this Site. You and FORMA also agree and hereby submit to the exclusive personal jurisdiction of the district courts of the State of Florida and/or the Federal District Court in and for the State of Florida with respect to all actions pertaining to any and all Disputes. Furthermore, you and FORMA agree that, for purposes of all Disputes, venue shall be in Broward County, State of Florida for both state and federal court matters.
FORMA Technology Privacy Policy
FORMA Technology (“FORMA”) welcomes you to this web site (“Site”). FORMA respects your privacy and is committed to protecting the Personal Data (as hereinafter defined) that you share with us. This Privacy Policy describes how FORMA collects and uses the Personal Data that you provide to us.1. Collection of Personal Data
When you browse FORMA’s Site, we do not automatically collect Personal Data (as defined below) from you. We, however, do log your IP address (the Internet address of your computer) to give us an idea of which part(s) of the Site you visit and the amount of time that you spend there.As you access and use FORMA’s Site, FORMA may request from you certain information, such as your name, e-mail address, company name, company address, and telephone number (“Personal Data”). This Personal Data is needed to provide to you a product or a service or to carry out a transaction that you have requested.
2. Cookies and Other Tracking Technologies
This Site may use cookie and tracking technology. A “cookie” is a small data file that the Site places on your computer’s hard drive for identification purposes. These data files include information that allows our Site to remember important information that will make your use of our Site more efficient and useful to you.
3. How FORMA Uses The Personal Data
FORMA uses Personal Data in several ways: to fulfill your requests for certain products and services; to personalize your experience on our Site; to keep you up-to-date on the latest product announcements; and to provide to you other information that we think you would like to hear about from us. We may also use your Personal Data to send to you direct marketing information or to contact you for market research.
4. Disclosure to Third Parties
If you request something from the Site (e.g., a product, a service, specific marketing materials, etc.), we may use your Personal Data to fulfill your request. To help us do this, we may share your Personal Data with third parties to provide certain services (e.g., marketing services) on our behalf. In such cases, however, the third parties are prohibited from using your Personal Data for any other purpose.To describe our services to advertisers, vendors, and other reputable third parties and for other lawful purposes, FORMA may disclose aggregate statistics about our Site visitors, customers, and sales. But these statistics will include no Personal Data. FORMA may disclose Personal Data if required to do so by law or if FORMA believes that such action is necessary to protect and defend the rights, property, or personal safety of FORMA, the Site, or its visitors. FORMA may disclose your Personal Data in the event of any sale or transfer of its business or its assets.
5. Changes to This Privacy Policy
FORMA reserves the right to amend the terms and provisions of this Privacy Policy from time to time. Your continued use of this Site after changes have been made will constitute your acceptance of any new or amended terms and provisions.
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