PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED BELOW) ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE. FORWARDON's ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS.
1. Definitions
forwardOn
The forwardOn service, forwardOn.com website, including its Officers, Employees, Directors, Agents, Contractors, and Affiliates.
Website
The forwardOn.com website and all associated graphics, logos, drawings, images, text, design, look-and-feel, programs and software that We own and / or developed that make up our Website and email service.
We
forwardOn
You
You and any Entity (organization, legal entity, or group, including but not limited to companies, partnerships, associations, institutions, charities, and governments) that you represent. You can either be an individual or an Entity.
User
Any visiting user or registered user of the forwardOn service.
Customer Data
User profile data entered by the user during the signup process.
Content
Any content posted by users on forwardOn.com website.
2. General terms of use
You accept that forwardOn is an Application Service Provider that provides tools and an online venue for Users to post and share fun content via email. forwardOn.com is provided on an as-is basis and we do not provide any guarantees or represent that the Website and Services will be accessible, reliable, timely, responsive, complete, error-free, virus-free, or operating correctly at the time that You access them.
3. Use of the Website
You will use (and promote) forwardOn only for its intended and lawful purposes. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content. You will not use forwardOn to create, transmit or share any unwanted email ("Spam") to any user or email addresses. You will not post or transmit, or cause to be posted or transmitted, any Content that is infringing, libelous, defamatory, obscene, racist, obscene, pornographic, abusive, offensive, profane, or otherwise violates any law or right of any third party. You are solely responsible and liable for any information You post, submit, or communicate on forwardOn.
You will not spam referral link through email, message boards, or any other physical or electronic means, collect or attempt to collect the Customer Data of any other User. You will not attempt to artificially inflate the page views for any webpage on forwardOn.com.
forwardOn is not responsible for the User Information that You exchange with other Users on the Services or 3rd party website content that you access through the Services, and forwardOn is not required to monitor, censor, or edit any User Information, which is solely the responsibility of the User, or 3rd party website content.
You will not attempt to interfere with, block, or degrade the performance, capacity, or functionality of any User, host, or network through any means, including but not limited to flooding, overloading, or crashing. You will not upload to the Services or use the Services to distribute or link to any viruses, worms, robots, spiders, or software of any damaging nature. You will not attempt to probe, scan, or test the vulnerability of the Services. You will not forge any TCP/IP packet header or any part of the header information in any e-mail.
4. Content on forwardOn
You understand and agree that when using forwardOn, you will be exposed to content from a variety of sources, and that forwardOn is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to content submitted by Users. You further understand and acknowledge that you may be exposed to content that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against forwardOn with respect thereto, and agree to indemnify and hold forwardOn, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
You may access content submitted on forwardOn only as permitted under this Agreement. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. Any links to other websites from our Website and search results and Services on other forwardOn User websites are provided only on an as-is basis as a convenience to You as part of the Services.
forwardOn does not endorse or make any representations about other websites, any content on them, or results that may be obtained from using them. forwardOn does not control and is not responsible for any 3rd party website or its content.
If You decide to access any of the third party sites linked to this Website or listed in search results, You do so entirely at your own risk.
5. Account termination policy
forwardOn reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service. forwardOn reserves the right to remove any material and / or to terminate access to the Services without notice for any User that forwardOn believes is not abiding in good faith by this Agreement, in forwardOn’s sole discretion and timing.
6. User registration and identity
You will not represent yourself as anyone else than who You really are, whether this is your own identity or the identity of any Entity You claim to represent. You will not access or attempt to access the Services using an identity, email address, or account that does not belong to You.
If You represent yourself as acting on behalf of any Entity, You warrant that You are legally able to represent the Entity, that You are accepted or appointed by the Entity as its representative, and that You act on behalf of the Entity.
7. Password and security
You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. If You believe anyone else has or could have obtained it, you will log-on and change your password. You agree to notify forwardOn immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
You agree that forwardOn has the right to comply, in its sole discretion, with legal requirements governing release of Customer Data and User Information to requesting government authorities.
8. Content rights
You will not post content that is false, misleading, misrepresenting, discriminatory, racist, obscene, libellous, offensive, illegal, defamatory, inappropriate, invasive, or in breach of any copyright, trademark, or other intellectual property rights. You agree to indemnify forwardOn for all claims resulting from User Information or other content You supply.
You will not copy, reproduce, modify, sell, distribute, or otherwise use any Material on or from our website or emails without our written permission. You will not copy, reproduce, modify, sell, distribute, incorporate, or otherwise use our copyrighted, trademarked, or patent-pending intellectual property without our written permission
You allow us to reproduce and use in any way feedback that you provide to us, without your additional permission. You grant forwardOn the right but not the obligation to use the name that You submit in connection with such feedback content.
9. Rewards program
Upon becoming a registered user on forwardOn, you will be enrolled in forwardOn rewards Program (the "Rewards Program"). You may be entitled to earn forwardOn rewards points (" Reward Points") that may be redeemed by you for gifts at the sole option of forwardOn subject to the additional terms set forth herein or otherwise imposed by forwardOn. You acknowledge and agree that forwardOn makes absolutely no representations or warranties with respect to the Rewards offered by forwardOn, nor does forwardOn represent or warrant that forwardOn will ultimately redeem Reward Points and provide you with gifts or fulfill any other obligations that forwardOn may owe to you.
forwardOn is offering you Rewards Points if you post or share fun content via email using the forwardOn Web site or for referring customers to forwardOn who participate in the Rewards Program. The Rewards Points are redeemable for gifts at the sole discretion of forwardOn. For each unique user, only from U.S. and Canada, that visits forwardOn website from the link forwarded or shared by You, you may earn one (1) Rewards Point. Additionally, you may earn 5,000 reward points when any friend you invite becomes a member of forwardOn and earns 5,000 points by either posting or sharing emails. You will not receive any Reward points for inviting friends if they dont accumulate 5,000 reward points within 12 months after becoming a member of forwardOn. You will receive Reward points for inviting friends ONLY when your friend registers by clicking the link sent in your invitation and with the same email address to which you sent the invitation.
The rewards offered for points can be changed at any time at the sole discretion of forwardOn.
Only users from North America (United States and Canada) are aligible to participate in the Rewards program.
forwardOn is under no obligation to provide you with any particular number of Rewards Program earning opportunities or to send any updates, messages or correspondence to you, and forwardOn reserves the right to limit, restrict or cancel your Rewards Program enrollment or the Rewards Programs at any time.
10. Rewards redemption terms
As a condition to your use of this Web Site and your participation in the forwardOn Rewards Program, if applicable, you represent and warrant to forwardOn that (i) you are 13 years of age or older, (ii) you possess the legal authority to enter into this User Agreement, (iii) you will only use this Web Site in accordance and compliance with terms and conditions stated herein and the policies promulgated by forwardOn from time to time, (iv) you are not enrolling in the Rewards Program for or on behalf of a corporation or other similar business entity, (v) you will not distribute or otherwise share your Rewards Program access code with any other person or entity, and (vi) you are a legal resident of U.S. or Canada. Void where prohibited.
By using the service, you assert that any and all information provided to forwardOn by you is true and accurate in all respects.
forwardOn reserves the right to terminate, penalize or disable, at forwardOn’s sole discretion, your Rewards Program account if forwardOn believes that your account has been used in violation of or in a manner that is inconsistent with the policies of forwardOn or the terms and conditions contained herein. You understand and agree that if forwardOn terminates your membership account, you will not be able to redeem any Rewards Points and that upon termination of your membership, all of the Rewards Points in your Rewards Program will be cancelled.
You acknowledge and understand that Reward Points have no cash value.
11. Non-Transferability of rewards
Your rights to use the Rewards Program are non-transferable and any Rewards Points you accrue in your Rewards Program account are non-transferable and void if transferred. Your membership in the Rewards Program shall terminate immediately upon your death. Rewards Points may not be bartered or sold. Rewards Program accounts and Rewards Points are not transferable upon death or as part of a domestic relations matter or otherwise by operation of law.
12. Termination of website and rewards program membership
AT ANY TIME EITHER YOU OR FORWARDON MAY TERMINATE YOUR MEMBERSHIP IN THE REWARD PROGRAM OR YOUR RIGHT TO USE THE WEB SITE WITH OR WITHOUT CAUSE. YOUR RIGHT TO PARTICIPATE IN THE REWARD PROGRAM SHALL IMMEDIATELY CEASE UPON ANY SUCH TERMINATION AND THE UNREDEEMED AWARDS POINTS SHALL BE IN YOUR REWARD PROGRAM ACCOUNT SHALL BE AUTOMATICALLY CANCELLED.
13. Disclaimer of Warranties
You acknowledge that forwardOn has no control over, and no duty to take any action regarding: which users gain access to the Site or use the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release forwardOn from all liability for you having acquired or not acquired Content through the Site or the Services. The Site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. forwardOn makes no representations concerning any content contained in or accessed through the Site or Services, and forwardOn will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services.
THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
14. Limitation of Liability
NEITHER FORWARDON, NOR ITS AGENTS, EMPLOYEES, BOARD MEMBERS, OR OFFICERS, SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOST PROFITS OR ANY DIRECT OR INDIRECT DAMAGES, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED TO USE OF THE WEB SITE, THE CONTENT ACCESSED THEREON OR THE REWARDS PROGRAM, EVEN IF FORWARDON OR AN AUTHORIZED FORWARDON REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
forwardOn is not responsible and assumes no liability for changes or discontinuances of service from forwardOn or from forwardOn providers which may affect offers or the accrual of Rewards Points. In no event shall forwardOn’s liability, either jointly or severally, exceed $100. The foregoing limitation of liability is a material factor in forwardOn permitting you access to this Web Site and the Rewards Program.
15. Indemnification
You agree to indemnify, defend, and hold forwardOn, its affiliates, officers, and employees harmless from any claim, demand, expense, or damage (including reasonable attorneys' fees incurred in the defense or investigation of any such claim) relating to or arising from your use of this Web Site, your participation in the Rewards Program, your violation of this Agreement, and any claims by a third party alleging that you have breached an agreement by and between you and such third party.
16. Modifications to Terms of Use
forwardOn reserves the right to change this Agreement, and/or any part thereof, at any time. If we make changes to the Terms of Use, we will notify you via email or by posting an announcement on the Website. You understand that the most recent version of this Agreement will be located on the forwardOn Web site under Terms of Use.
Your non-termination or continued use of the Rewards Program constitutes an affirmative acknowledgment by you that you have read and agreed to be bound by the most current User Agreement. If at any time you do not agree to be bound by the then-current User Agreement, you must terminate your membership in the Rewards Program and discontinue your use of this Web Site.
forwardOn reserves the right to modify or discontinue the Rewards Program and the operation of the forwardOn Web site with or without notice to you. forwardOn shall not be liable to you or any third party should forwardOn exercise its right to modify or discontinue the Rewards Program, any other services provided on this Web Site from time to time, or this Web Site.
