Last Updated April 14, 2025

Forage Website Terms of Use

THESE TERMS OF USE, THE PRIVACY NOTICE, AND ALL OTHER DOCUMENTS REFERENCED HEREIN GOVERN THE RELATIONSHIP BETWEEN YOU, THE USER OF THE SERVICES (“YOU” OR “YOUR”), AND COMPANY WITH RESPECT TO YOUR USE OF THE SERVICES. YOU AGREE THAT THE AGREEMENT FORMED BY THESE TERMS OF USE IS LIKE ANY WRITTEN, NEGOTIATED AGREEMENT SIGNED BY YOU, AND YOU AGREE TO BE BOUND BY, AND FULLY COMPLY WITH, ITS TERMS. YOU REPRESENT AND WARRANT THAT YOU HAVE ALL NECESSARY RIGHTS, POWER, AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND TO PERFORM AND OTHERWISE DISCHARGE ALL OF YOUR OBLIGATIONS HEREUNDER, WHETHER ON BEHALF OF YOURSELF OR ANY ENTITY THAT YOU REPRESENT.

PLEASE NOTE THESE TERMS ALSO CONTAIN AN ALTERNATIVE DISPUTE RESOLUTION PROVISION AND CLASS ACTION WAIVER. SEE SECTION 21 FOR DETAILS.

Please note that the Services are designed for users in the United States only and are not intended for users located outside the United States.

IMPORTANT: Please read the following Terms of Use carefully as they affect your legal rights. Except where prohibited by applicable law, these Terms of Use require you to waive your right to raise an action via a class action. By accessing, or using the Services, you hereby waive any and all rights to initiate or participate in any class action lawsuit or representative action with respect to any disputes or claims arising out of or relating to these Terms of Use or the Services.

If you are a Company customer, or if you make use of certain other services provided by Company, you may be subject to additional terms and conditions with us (collectively, “Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms applicable to how you engage with Company, the Additional Terms shall govern.

1. CHANGES TO SERVICES AND THESE TERMS OF USE

We reserve the right at any time to change: (i) these Terms of Use; (ii) the Services, including terminating, eliminating, supplementing, modifying, adding, or discontinuing any content or feature or data or service on or available through the Services or the hours during which they are available; (iii) the equipment, hardware, or software required to use and access the Services; and (iv) prices for the Services or products made available therein. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services, or any items available on the Services.

Any changes we make to these Terms of Use will be effective immediately upon notice, which we may provide by any means, including, without limitation, posting on the Services. Your continued use of the Services after such notice will be deemed acceptance of such changes. Be sure to return to the Services periodically to ensure you are familiar with the most current version of these Terms of Use.

2. GENERAL CONDITIONS AND DISCLAIMERS

We reserve the right to refuse service, and/or use of or access to the Services to anyone at any time. Company shall have no liability for interruptions or omissions in Internet, network, or hosting services, and does not warrant that the Services or the services which make the Services available or electronic communications sent by Company will be available and free from viruses or any other harmful elements. Our status and Service reporting and availability measurements are intended solely for informational purposes and do not constitute a warranty or guarantee.

Any material or offer downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk. You are and will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

Occasionally there may be information on our Services that contains typographical errors, inaccuracies, or omissions that may relate to item descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right, but are not obligated, to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). Notwithstanding the above, we undertake no obligation to update, amend or clarify information in the Services or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Services or on any related website should be taken to indicate that all information in the Services or on any related website has been modified or updated.

3. USER ACCOUNTS; PRICING; ESTIMATES

To create or activate an account (or to request to create an account) where such option is made available to you, you will be required to submit certain information and, you may be required to establish a user account. You are responsible for maintaining the confidentiality of any information you use in connection with the Services, including your username and password. You are responsible for all activity on your account. If you believe someone else has accessed your account, please change your password and notify us immediately using the contact information below under “Contact Us.” You must notify us immediately if you are contacted by anyone requesting your username or password.

All prices and estimates for the Services and fees or offers through the Services are quoted and shall be processed in U.S. Dollars. Although we strive to provide accurate pricing information, errors may occur. We reserve the right, but are not obligated, to correct any errors in pricing, promotions, offers, shipping charges, availability, or other information and to modify the prices and/or the rentals, at any time, without prior notice. In the event that the price or related information for the Services (whether in an estimate or otherwise) is incorrect due to an error in pricing or other information, we may, at our sole discretion, refuse or cancel the Service provided to you, whether before or after the acceptance thereof. If there is such an error in pricing or other information, we will cancel the Services and reverse any charges that have been applied, then contact you to ask you to place a new order for Services at the correct price.

Notwithstanding the above, we undertake no obligation to update, amend, or clarify information in the Services or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website should be taken to indicate that all information in the Services or on any related website has been modified or updated.

4. ACCOUNT SUSPENSION, DEACTIVATION, AND TERMINATION.

Company may, at any time and for any reason, in its sole discretion, suspend, deactivate, or terminate your account or your access to or use of the Services, and may terminate these Terms of Use, without notice or liability, including if you breach these Terms of Use, upon any unauthorized use of your account, username, or password, if you act in an abusive manner, if you act in a manner inconsistent with applicable laws or regulations, or if it becomes no longer commercially viable to provide the Services to you. If we suspend, deactivate, or terminate your account, you will not create another account without our prior written permission. You may terminate your account at any time by contacting us using the contact information below under “Contact Us.” You understand that, after termination of your account, your use of the Services, or these Terms, any UGC you have provided may remain in our systems and may continue to be used by other Services users, as applicable.

5. PRIVACY

Company is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Privacy Notice to describe our privacy practices and how we collect, use, and disclose the personal information of those individuals who visit, access, or use the Services. Please see our Privacy Notice for further information.

6. DELIVERY PARTNERS AND MERCHANTS

The Services are for personal use only. Our Services may permit you—and may be used in conjunction with—third-party delivery partners (“Delivery Partner(s)”) and third-party merchants, retailers, and stores (“Merchants”), from which you order and/or purchase certain products and goods. Please note that while our Services may be used in connection with Delivery Partners and/or Merchants, your interaction with Delivery Partners and/or Merchants, and use of Delivery Partner and/or Merchant services is governed by that Delivery Partner’s and/or Merchants’ terms and conditions. These Terms of Use does not apply to any such Delivery Partner or Merchant and we encourage you to consult such Delivery Partner’s and/or Merchant’s terms and conditions. Please note that we may change from time to time, and in our sole discretion, which Delivery Partners or Merchants our Services can be used with.

Please note that our Services’ compatibility with any Delivery Partners or Merchants does not constitute an endorsement of such Delivery Partners’ or Merchants’ services, products, or goods.

7. USER RESPONSIBILITIES

The Services and Services’ content is prohibited from being copied, reproduced, scraped, downloaded, distributed, modified, republished, uploaded, licensed, adopted, adapted, edited, posted, or transmitted in any way, except as may be otherwise explicitly permitted by us in writing. You agree not to engage in such activities, nor to create any kind of derivative works from or exploit the content of the Services in any way.

You represent and warrant that: (i) you will perform under these Terms of Use in compliance with all applicable laws and regulations; and (ii) all information you provide in connection with your access to or use of the Services is true, accurate, and complete to the best of your knowledge and belief.

You will NOT, and you will NOT allow any third party to:

1. Use the Services in a manner other than as expressly permitted by these Terms of Use;
2. Use the Services for any purpose or in any manner that is unlawful or prohibited by these Terms of Use, including, without limitation, for any commercial purpose;
3. Delete, obscure, or change any copyright, trademark, or other proprietary designations, notices, or markings in or on the Services;
4. Translate, merge, adapt, update, modify, reconfigure, reverse-engineer, disassemble, decompile, prepare any derivative works of, discover the underlying ideas behind, or discover the source code of the Services, or combine the Services or any part thereof with any other computer code, programs, materials, or services;
5. Copy, reproduce, display, duplicate, sell, publish, disclose, post, license, rent, scrape, or distribute the Services or any part thereof;
6. Use the Services, including, without limitation, any Services’ content, in any way that infringes on or violates the rights of any other person or entity, including, without limitation, any patent, trademark, trade secret, copyright, other intellectual property rights, privacy rights, and publicity rights;
7. Commit fraud or falsify information in connection with your access or use of the Services;
8. Work around any of the technical limitations of the Services or use any tool to enable features or functionalities that are otherwise disabled on the Services;
9. Perform or attempt to perform any actions that would interfere with the proper working of the Services, prevent access to or use of the Services by other users, or impose an unreasonable or disproportionately large load on our infrastructure;
10. Engage in activities that aim to render the Services or associated services inoperable or make their use more difficult;
11. Attempt to disable, damage, overburden, impair, or gain unauthorized access to the Services or our servers;
12. Engage in data mining or similar data gathering or extraction activities or retrieve data or other content from the Services (including, without limitation, using spiders, crawlers, robots, indexing agents, and screen scrapers) for purposes of creating or compiling that content for any purpose;
13. Harvest or otherwise collect or store personal information about other users of the Services, including, for example only, email addresses, without the express consent of such users;
14. Post, transmit, input, upload, or otherwise provide any information or materials that contain any viruses, worms, Trojan horses, logic bombs, time bombs, cancelbots, malware, ransomware, adware, or other harmful computer code or programming routines;
15. Impersonate or attempt to impersonate any person or entity other than yourself, falsely state or otherwise misrepresent your identity or status, misrepresent your affiliation with a person or entity, create a false identity, or hide your true identity; nor
16. Send, post, or transmit any unsolicited messages, chain letters, spam, or junk mail using the Services, or attempt to collect personal information about third parties without their knowledge or consent.

Company may, at any time and for any reason, in its sole discretion, and without notice or liability, suspend, deactivate, or terminate your access to or use of the Services, and may terminate these Terms of Use, including, without limitation, if you breach these Terms of Use or any other applicable agreement or if you act in a manner inconsistent with applicable laws or regulations.

8. JOB APPLICANTS

If you submit a resume, job application, or related materials or other information to us, we may use that information to evaluate your qualifications and consider or respond to your inquiry or application. Your submission of a resume, job application, or related information does not in any way require Company to review that information or consider you for employment. To view career opportunities at Company or to submit a job application, you may be redirected to an online career portal operated by a third party. We encourage you to review any terms and privacy policies posted on that portal (if applicable).

9. COPYRIGHT INFRINGEMENT

If you know or suspect that any of the materials on the Services have been used or copied in a way that constitutes copyright infringement, please send notice to our designated agent identified below. According to the U.S. Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3), your notice must comply with the following requirements:

• A physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a notification, a representative list of such works at that site;
• Identification of the material that is claimed 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 reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact you, such as address, telephone number, and, if available, an electronic mail address at which you may be contacted;
• A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owners, its agent, or the law; and
• A statement that the information in the notification is accurate and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The designated agent for notice of copyright infringement claims may be reached as follows:

Forage Technology Corporation
1857 Market Street
San Francisco, California 94103
Attn: Legal Department
Email: legal@joinforage.com

The preceding information is provided exclusively for notifying us that your copyrighted material may have been infringed. All other inquiries, such as questions related to items available for purchase on the Services and requests or concerns regarding improper content, will not receive a response through this process.

10. MARKETING COMMUNICATIONS

If you sign up or otherwise opt in to receive updates, promotional communications, or related materials from us, we will use your contact information to provide you with promotional and other communications pertaining to our and our affiliates’ products and services via email, physical mail, or telephone, as applicable. You may opt out of receiving promotional or marketing communications from us at any time by following the unsubscribe instructions in the applicable email or by contacting us as set forth herein. We may use third-party providers to deliver these communications to you.

If you opt in to receiving text messages and/or telephone calls when prompted, we may send you autodialed and other text messages at the telephone number you provide. Consenting to receiving text messages is not required to buy goods or services or to otherwise do business with us. Message and data rates may apply.

Please note that if you opt out of such marketing or promotional communications, you may still receive communications with us as necessary for administrative purposes such as at your request or pursuant to providing the Services to you.

11. AVAILABILITY

While we endeavor to keep downtime to a minimum, we cannot promise that the Services will be uninterrupted, secure, or error-free. We reserve the right to interrupt or suspend the Services, or any part thereof, with or without prior notice for any reason.

12. USER-GENERATED CONTENT

The Services may allow you to provide UGC, including without limitation by posting reviews, providing feedback, participating in forums by uploading or providing photographs or other media, by submitting articles, by commenting on blog posts or articles, or by providing any other information or content to be posted or made available through the Services. “UGC” means all data, feedback, information, images, messages, documents, and other content that is entered into, submitted to, posted on, uploaded to, transmitted, streamed, created, or displayed using, or otherwise provided via or using the Services by you or on your behalf.

You, alone, are responsible for all UGC that you provide and for the legality, originality, and appropriateness thereof. UGC is not generated by Company. You understand and acknowledge that certain features of the Services may allow or require UGC that you provide to be made available, including publicly available, to other Services users and that, accordingly, those other users may be able to access and use that UGC. By providing UGC you represent and warrant that you are the creator and owner of that UGC or that you otherwise have the full ability and all legal rights, permissions, and consents necessary to provide that UGC as contemplated by these Terms. By providing UGC, you hereby waive, and agree not to, claim that any use of that UGC by us, any Services user, or any third party infringes or violates your or any person’s intellectual property rights (including copyright), rights of privacy, rights of publicity, or other rights. Subject to the right and license granted to Company below, you retain any copyright or other intellectual property rights you may have in UGC that you provide.

If you provide UGC, you agree to grant and you hereby grant Company a perpetual, irrevocable, transferable, assignable, sublicensable, royalty-free, fully paid-up, worldwide right and license to copy, modify, adapt, reformat, reorganize, translate, excerpt, prepare derivative works of, store, publish, perform, display, license, exploit (commercially or otherwise), and otherwise use and distribute, in all media and distribution methods now known or later developed, that UGC for purposes of making it available to other Services users and the public and for Company’s own business purposes (including, without limitation, aggregation, analytics, marketing, development of products and services, and for commercial purposes).

Company reserves the right, but does not have the obligation, to, at any time and for any reason: review, prescreen, edit, redact, otherwise modify, reorganize, or recategorize UGC; delete UGC from the Services; and archive or otherwise store any UGC. Company reserves the right to impose limits on Services features (e.g., the ability to provide UGC) and to restrict your access to all or parts of the Services at any time for any reason, including any breach of these Terms. You understand that, even after removal or deletion, UGC you have provided may remain viewable to and may have been copied or stored by other Services users and members of the public.

If you believe that any content on the Services infringes any copyright that you own or control, please follow the process described above under “Copyright Infringement.”

13. LINKED SERVICES; THIRD-PARTY PRODUCTS; AND LINKING TO THE SERVICES

The Services may provide links to third party websites for your convenience only. The inclusion of these links does not imply that Company monitors or endorses these websites or their respective practices. Company does not accept any responsibility for such websites. Company shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third-party websites or linked resources. These Terms of Use and our Privacy Notice do not apply to your use of any third-party websites, so be sure to review any applicable terms and policies of third-party sites.

If you operate a website and wish to include a link to the Services: the link must be clearly marked; the link and its use must be in connection with a website of appropriate subject matter; the link and its use must not, nor have the potential to, damage or dilute the goodwill associated with Company’s names or trademarks; and the link and its use must not create the false appearance that any content, program, person, or entity is associated with, affiliated with, sponsored by, or endorsed by Company. We reserve the right to revoke consent to link to the Services at any time in our sole discretion, whether by amending these Terms of Use or through other notice.

FORAGE MAY RECEIVE A COMMISSION, FEE AND/OR OTHER COMPENSATION ON SOME CLICKS OR PURCHASES MADE ON, THROUGH OR LINKED FROM THE SERVICES. THIS MEANS FORAGE MAY RECEIVE SOME FORM OF COMPENSATION THROUGH AN ARRANGEMENT IT HAS WITH A THIRD PARTY IF YOU (A) CLICK ON CERTAIN ADS OR LINKS ON OUR WEBSITES, EMAILS OR NEWSLETTER(S), OR (B) PURCHASE A PRODUCT OR SERVICE AFTER CLICKING A LINK.

We do not directly sell, resell, or license any of the products or the services that we review, list, or advertise on our sites, and we disclaim any responsibility for or liability related to them. Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between you and that third party. All product and offer information such as discount, price and availability are believed to be accurate as of the time of publication and are subject to change. Please verify these details with the merchant site and check the merchant’s terms and conditions before you buy. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor. However, in the event we do sell, resell, or license products or services, any terms and conditions related to your purchase or license of such products and services from us or any affiliates will be accessible on the applicable site page.

14. INTERNET SOFTWARE OR COMPUTER VIRUSES

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained in the Services. Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from the Services.

Company shall not be responsible or liable for any software, computer viruses or other destructive, harmful, or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on the Services, or your downloading of any user materials or other content from the Services. Company recommends that you install appropriate anti-virus or other protective software.

15. OWNERSHIP AND OUR MATERIALS

Subject to your compliance with these Terms of User, you are granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your non-commercial use and for no other purpose.

The Services are owned and operated by Company in conjunction with others pursuant to contractual arrangements. The Services, including its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, names of products and services, documentation, other components and content, and the design, organization and presentation of content, are exclusively the property of Company or, as applicable, its licensors, and are protected by intellectual property laws including laws relating to copyrights, trademarks, trade names, internet domain names and other similar rights.

No licenses or other rights, express or implied, are granted by Company to you under any patent, copyright, trademark, trade secret, or other intellectual property right of Company and all such rights are reserved and retained by Company. All rights not expressly granted herein are reserved by Company. Any unauthorized use of the materials appearing on this Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties and may be prosecuted to the fullest extent of the law.

Copyright © 2025 Forage Technology Corporation ALL RIGHTS RESERVED.

16. FEEDBACK

We appreciate feedback, comments, ideas, proposals, and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.

Furthermore, you acknowledge that unprotected e-mail communications and other transmissions over the Internet are not confidential and may be subject to possible interception, alteration, or loss. You acknowledge and agree that by submitting any such Feedback or communications to Company, no confidential, fiduciary, contractually implied or other relationship is created between you and Company other than pursuant to these Terms of Use. Company shall not be responsible for the payment of any monies to any other party in connection with Company’s use of any Feedback, information or material provided by you to Company. You also represent and warrant that any and all such Feedback, information or material which you provide to Company, whether provided by you electronically by accessing or using the Services or otherwise, and Company’s use of this Feedback, information and material provided does not infringe the rights of any other person or entity.

17. WARRANTY; DISCLAIMER OF WARRANTIES

THE SERVICES, INCLUDING, WITHOUT LIMITATION, THIS WEBSITE AND PLATFORM THAT COMPANY PROVIDES, UGC, AND THE COMPANY MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF MERCHANTABILITY, ACCURACY, QUALITY, TITLE, VALIDITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, THIS WEBSITE OR PLATFORM, THE PRODUCTS, OR THE COMPANY MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE SECURE, UNINTERRUPTED, OR ERROR-FREE. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, THEY WILL BE LIMITED TO ONLY THOSE REQUIRED BY LAW, FOR THE SHORTEST DURATION PERMITTED BY LAW, AND WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE-TO-STATE.

18. LIMITATION OF LIABILITY

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, THIS WEBSITE AND PLATFORM, AND THE COMPANY MATERIALS, INCLUDING, WITHOUT LIMITATION, ANY OF THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY OR ANY OF ITS SUPPLIERS, LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR OTHER DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, UNAVAILABILITY, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT, OR OTHER PROCEEDING ARISING UNDER OR OUT OF, OR IN CONNECTION WITH THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, YOUR USE OF, RELIANCE UPON, ACCESS TO, USE OF, OR EXPLOITATION OF THE SERVICES, THIS WEBSITE AND PLATFORM, THE COMPANY MATERIALS, UGC, OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR OTHERWISE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR MAXIMUM, AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $100.00 USD. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

19. INDEMNIFICATION

You agree to, upon request, defend, indemnify, and hold us harmless from any and all liabilities, claims, losses, costs, and expenses, including attorneys’ fees, which arise directly or indirectly from, or relate to: (1) any breach of these Terms of Use for which you are directly or indirectly responsible; (2) your use of the Services; (3) your UGC (including, without limitation, Third-Party Product Reviews); or (4) your violation, infringement, or misappropriation of the rights of any party, including, without limitation, any intellectual property, proprietary, privacy, or other rights of any party. Company reserves, and you grant to us, the right, at your own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without the prior written consent of Company. This indemnification section will survive any termination or expiration of these Terms of Use.

20. CONTACT US

If you need to contact us regarding the Services or these Terms of Use, please complete the form found at https://form.typeform.com/to/ycd6lkju.

21. DISPUTE RESOLUTION; CLASS ACTION WAIVER

PLEASE READ THIS ENTIRE SECTION CAREFULLY. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IT AFFECTS LEGAL RIGHTS THAT YOU MAY OTHERWISE HAVE. THIS SECTION ALSO INCLUDES A CLASS ACTION WAIVER.

Most concerns can be resolved by contacting customer service via https://form.typeform.com/to/ycd6lkju. In the event we are unable to resolve a complaint to your satisfaction, this Section explains how any dispute will be resolved.

Mandatory Alternative Dispute Resolution

We are available by email at legal@joinforage.com to address any concerns you may have regarding your use of the Services. You and Company agree to engage cooperatively to try and resolve any dispute informally prior to you or Company initiating any formal proceeding. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit. You or Company must first send a written notice to the other party providing a detailed description of the dispute; your or our name and contact information (address, telephone number, email address, and account number if applicable); sufficient information to enable you or Company to identify any transaction at issue (including any receipts or purchase details); and a detailed description of: (a) the nature and basis of the dispute and any claims and (b) the nature and basis of the relief sought (including a detailed calculation of any damages).

Your notice must be sent to legal@joinforage.com. Our notice will be sent using the most recent contact information that you have provided to us. For a period of 60 days from the date of receipt of a completed notice from the other party, you and we will work together using reasonable efforts to try to resolve the dispute. If requested by us in connection with a notice initiated by you, you agree to personally participate in an individualized telephone settlement conference (and if you are represented by an attorney, your attorney may also participate) to discuss a potential early resolution of the matter. If requested by you in connection with a notice initiated by us, we agree to have a Company representative personally participate in an individualized, telephone settlement conference (and if we are represented by an attorney, our attorney may also participate). If the dispute is not resolved within this 60-day period (which can be extended by agreement of the parties), you or we may commence formal proceedings consistent with applicable law.

Any applicable limitations period (including statutes of limitations) shall be tolled while the parties engage in this informal dispute resolution process. If the sufficiency of a notice or compliance with this informal dispute resolution process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party’s election.

Class Action Waiver

You and we further agree that any legal proceedings shall be conducted in our respective individual capacities only and not as a class action, and you and we each expressly waive our respective right to file a class action or seek relief on a class basis.

22. MISCELLANEOUS

These Terms of Use are governed by and construed in accordance with the laws of the State of California, without regard to their respective principles of conflicts of law. You agree to the exclusive personal jurisdiction by the federal and state courts located in San Francisco County, California in any matter arising from or related to these Terms of Use and your use of the Services and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.

If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Any provisions of these Terms of Use that are intended to survive termination (including, for example, any provisions regarding indemnification and limitation of our liability) will continue in effect beyond any termination of these Terms of Use or of your access to or use of the Services.

These Terms of Use set out the entire agreement between us relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements between us. These Terms of Use are not assignable, transferable, or sub-licensable by you except with Company’s prior written consent. These Terms of Use provide only for the use of the Services. These Terms of Use shall not be construed as a teaming, joint venture, or other such arrangement, unless the parties expressly and explicitly execute an agreement to that effect.

No waiver by either party of any right, obligation, breach, or default hereunder shall be deemed to be a waiver unless set forth in writing by such waiving party. No waiver of any right, obligation, breach, or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Any heading, caption or section title contained in these Terms of Use is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.