A. Introduction
Welcome to the Intercom Page Builder Terms and Conditions page! This page is the Contract
entered into by and between you (hereinafter "the Client") and Forward Technology SolutionsTM, LLC (hereinafter "Forward Technology Solutions").
Forward Technology Solutions, LLC is the parent company of the Intercom Page Builder.
This Contract spells out the requirements of you, the Client, and Forward Technology Solutions.
The Terms and Conditions page is also part of the Page Wizard registration process. When the Page Wizard presents this page,
you can agree to the terms and conditions.
The day you, the Client, agree to the Contract is the Contract acceptance date. Acceptance is electronic.
If you agree to the Contract terms, click "I am 18 years of age and I Accept" at the bottom of the page.
When you agree, it is the legal equivalent of signing a written Contract, and equally binding.
B. Access and Services
Access to various services available on Intercom Page Builder depends on the access you choose. You can change
or discontinue your account at any time. We reserve the right to modify, suspend, or terminate access to the service on our
system at any time for any reason without notice or refund, including the right to make you change your login identification
code or password. We also reserve the right to delete all program and data files associated with your account and/or other
information you have on our system.
C. Periodic Contract Review
You agree to review the Contract periodically to find out about the latest revisions. If you do not agree with any revisions
made to the contract, you can terminate the Contract at any time by providing written notification through the United States
mail. Notice of termination will be effective on receipt of notification. You also agree that, by continuing to use the
Access Service following notice of any revision to the Contract, you accept the revisions and agree to abide the revisions.
D. Announcements
Forward Technology Solutions reserves the right to distribute informative emails to our subscribers on an ad hoc basis if we feel it is pertinent to
the quality of our service. These announcements are predominately informative in nature and usually provide our subscribers with
information describing changes, upgrades, and other critical messages pertaining to the ever changing World Wide Web.
E. Fees and Payment
Client agrees to pay all fees and charges in conjunction with the establishment, use and maintenance of the Service pursuant to
the Schedule of Fees and Charges on Intercom Page Builder Features and Prices page.
Forward Technology Solutions reserves the right to change
our fees at any time for any reason, but, whenever possible, we will give you at least one month's advance notice of this type of change.
F. System Rules
You agree to be bound by certain rules which are important for the proper use of
Intercom Page Builder.
Your failure to follow these rules, whether listed in this Contract or in bulletins posted at various points in the system,
may result in termination of your service.
G. Proprietary Rights
Your use of our system affords you access to many of the features of our system, but some aspects of our system remain within our exclusive proprietary control. We or our suppliers own the intellectual
property rights to any and all protectable components of our system, including but not limited to the computer software, the related documentation, the "look and feel," the end-user interfaces, the name
of our system, many of the individual features, and the collective works consisting of sequences of all public messages on our system. You may not reproduce any sequence of messages from our system,
either electronically or in print, without our permission. In addition; you may not copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile or dissemble any aspect of the system which we or our suppliers own.
H. Software Ownership
Upon subscribing to the Service, a series of files and software are automatically put in place to operate the Client's Web Site (hereinafter "Web Site Infrastructure"). In addition, Client may add
additional content to the Client's Web Site (hereinafter "Client's Content"). Client acknowledges that the Web Site Infrastructure may be comprised of contents which are (a) copyrighted by Forward Technology Solutions (b) copyrighted by third parties,
(c) freeware, or a combination thereof. Client hereby acknowledges to have ownership of only that which the Client has created. Client agrees not to use any part of the Web Site Infrastructure unless to the extent of using said content
in relation to the use of the Service. The Client further agrees not to sell any part of the Web Site Infrastructure without written consent of
Forward Technology Solutions,
LLC.
I. Products And Services For Sale
The Client shall have the right to create and maintain a Web Site or Web Page for the purpose of offering to sell products and or services. For security purposes Forward Technology Solutions offers its Online Catalog via a Secured Transaction Service
which receives and transmits information in a more secure and confidential environment. Otherwise, the transmissions are performed by way of regular E-Mail without any additional security.
J. Limitation of Liability
You must bear the risk of any liability relating to your use of our system. We would not be able to afford to operate this system if we were held accountable for every wrongful action by every Online subscriber.
It is expressly agreed that regardless of the type of service subscribed to by the Client, Forward Technology Solutions shall have no liability and hereby assumes no liability whatsoever for any damages suffered by the Client for any reason including, but not
limited to, credit card fraud, complaints or claims of any nature by purchasers of the goods or services, and any lost transmissions for any reasons including but not limited to negligence of Forward Technology Solutions or any defect in
any products or equipment or software used by Forward Technology Solutions or any other person. Forward Technology Solutions is not making and has not made any warranty in whatever nature concerning any goods and services sold by or to the Client through the use of Forward Technology Solutions
services, or concerning any orders transmitted by or to the Client for the sale or purchase of any goods or service.
ACCORDINGLY, YOUR USE OF THE ONLINE SYSTEM IS ENTIRELY AT YOUR OWN RISK. WE WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR IN CONNECTION
WITH OUR SYSTEM, YOUR USE THEREOF OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON OUR SYSTEM, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS..
K. Indemnity
You shall defend and indemnify us and hold us harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees),
relating to any acts by you or materials or information transmitted by you in connection with our system, leading wholly or partially to claims against us or our system by other subscribers or third parties,
regardless of the type of claim or the nature of the cause of action.
L. Disclaimers of Warranty
THE SYSTEM IS PROVIDED "AS IS" AND WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR
PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE.
M. Choice of Law
You agree that this Contract shall for all purposes be governed by and construed in accordance with the laws of the State of New Jersey, and that any action arising out of this Contract shall be litigated and
enforced under the laws of the State of New Jersey. In addition, you agree to submit to the jurisdiction of the courts of the State of Jersey, and that any legal action pursued by you shall be within the exclusive jurisdiction of the courts of the State of Jersey.
N. Acknowledgment
This Contract represents the entire understanding between you and us regarding your relationship to
Intercom Page Builder and supersedes any prior statements or representations.