Last Updated October 2, 2023
TERMS OF USE
This website (the “Site”) is owned and operated by Path Forward Formulator, LLC, an Illinois limited liability company (“Path Forward Formulator,” “us,” “we” or “our”). Whether you are a browser, vendor, supplier, customer, client, or merchant, these terms of use (“Terms of Use”) apply to your use of this Site. Additionally, your use of this Site is governed by the Privacy Policy, which is incorporated herein by reference.
Please read these Terms of Use carefully before accessing or using this Site. All information, features, products, and services available on this Site are conditioned upon your acceptance of these Terms of Use. If you do not agree to be bound by these Terms of Use, please do not use this Site. Path Forward Formulator reserves the right to change any part of these Term of Use, and its Privacy Policy, at any time without notice. Your continued use of this Site constitutes your agreement to these Terms of Use.
General Terms. Minors are not permitted to use this Site. You must be eighteen (18) years of age or older and a resident of the United States to use this Site. You represent that all information, data and other materials provided to this Site or to Path Forward Formulator are true, accurate, current and complete. You are responsible for updating and correcting any information that is not true, accurate, current or complete, as appropriate.
Path Forward Formulator is controlled and operated from its offices within the United States. Path Forward Formulator makes no representation that the information, features, products, and services available on this Site are for use in other locations outside of the United States.
2. Privacy Policy. Path Forward Formulator’s Privacy Policy, which applies to the collection, use, storage, disclosure, and other processing of personal information by Path Forward Formulator, may be accessed by clicking on the following link: Privacy Policy. You consent to any personal information that we may collect, use, store, disclose, and otherwise process in accordance with the terms of our Privacy Policy.
3. License and Site Access. All content available through this Site (including, without limitation, text, design, graphics, logos, images, as well as the selection and arrangement thereof) is the exclusive property of Path Forward Formulator, its vendors, suppliers, affiliates, partners or its content providers, and is protected by copyright, trademark and other applicable US intellectual property laws.
Path Forward Formulator grants you a limited license to access and make personal use of this Site. Unless otherwise indicated, you may access, copy, download and print the content available for this Site for your personal, non-commercial use, provided you do not modify or delete any copyright, trademark or other intellectual property notices that appear in the content. Path Forward Formulator retains full and complete title to the content available on this Site, including all associated intellectual property rights, and provides this content to you under a limited license that is revocable at any time in Path Forward Formulator’s sole discretion and without notice. Path Forward Formulator strictly prohibits any other use of any content available through this Site. Termination of your use and access of this Site will not waive or affect any other right, relief or remedies to which Path Forward Formulator may be entitled, at law or in equity.
4. Information You Submit. You acknowledge that you are responsible for any information submitted to this Site. As stated above, you represent that all information, data and other materials provided to this Site or to Path Forward Formulator are true, accurate, current and complete. As such, you may not use a false email address or other false identifying information, impersonate any person or entity or other mislead as to the origin of any information. Some features available on this Site may require registration. By registering, again, you agree to provide true, accurate, current and complete information about yourself.
5. Member Accounts. In order to use certain features of the Site, you may need to create an account. If the Site requires you to create a member account, you may never use another member’s account without permission. If you are making a purchase on the Site, you may be asked to create a member account and provide credit card information. In such event, it is our policy to redirect you to a payment processing portal hosted by a third party payment processor. Please read the privacy policy on our payment processor’s website regarding use, storage and protection of your credit card information before submitting any credit card information.
6. Third Party Links. This Site may contain links to other websites, resources, or other online venues that are operated by third parties not affiliated with Path Forward Formulator. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We are in no way responsible or liable for any third party, content, advertising, products, services, or other materials on or available for such websites, resources, or other online venues. Inclusion of links to other websites, resources, or online venues should not be considered as an endorsement of the content therein. Different terms and conditions and privacy policies may apply to your use of any linked sites, resources, or online venues. Path Forward Formulator is not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on such third party content, advertising, products, services, or other materials available on or through any such linked website, resource, or other online venue.
7. Third Party Materials. The Site may display, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Path Forward Formulator is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Path Forward Formulator does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto and provided solely as a convenience to you, and your access and use is entirely at your own risk and subject to such third parties’ terms and conditions and privacy policies.
8. Social Media Sites. This Site may include features and functionality that allows you to interact with social media websites (“Social Media Sites”). Path Forward Formulator provides these features, functionality and links to you only as a convenience and does not endorse any Social Media Sites. Path Forward Formulator is not responsible for the contents or transmission of any Social Media Site or for the terms of use or privacy practices of any Social Media Site. You should carefully read the policies of any site you visit. Also, in the event that you use any Social Media Site to comment upon Path Forward Formulator or any of its products and/or services, you agree that you will always clearly and conspicuously disclose any material connection you may have with Path Forward Formulator (if any) or any consideration you may receive from Path Forward Formulator in connection with your comment (if any). Under no circumstances are you authorized to make any claim regarding Path Forward Formulator or any of its products on any Social Media Site regardless of any material connection you may have with Path Forward Formulator or your receipt of any consideration. IF YOU MAKE ANY CLAIM REGARDING PATH FORWARD FORMULATOR OR ANY OF PATH FORWARD FORMULATOR’S PRODUCTS AND/OR SERVICES ON A SOCIAL MEDIA SITE IN VIOLATION OF THE FOREGOING, YOU, AND NOT PATH FORWARD FORMULATOR, SHALL BE THE SOLE AUTHOR OF SUCH CLAIM AND SHALL BE SOLELY LIABLE THEREFORE.
9. Disclaimer of Warranties.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF USE, AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PATH FORWARD FORMULATOR MAKES NO REPRESENTATIONS, COVENANTS OR WARRANTIES AND OFFERS NO OTHER CONDITIONS, EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING, WITHOUT LIMITATION, THE MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, ANY CONTENT ON THIS SITE, OR ANY PRODUCTS OR SERVICES OFFERED OR PURCHASED FROM PATH FORWARD FORMULATOR, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING.
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE AND THE MATERIALS, INFORMATION, SERVICES AND PRODUCTS ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THIS SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. PATH FORWARD FORMULATOR DISCLAIMS ANY WARRANTIES THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THIS SITE WILL BE SECURE; THAT THIS SITE OR THE SERVER THAT MAKES THIS SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THIS SITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE COMPLETE. IF YOU DOWNLOAD ANY CONTENT FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THIS SITE SHALL CREATE ANY WARRANTY OF ANY KIND.
Certain states or jurisdictions do not allow limitations on implied warranties. If these laws apply to you, some or all of the above disclaimers may not apply and you may have additional rights. To the extent we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty will be the minimum permitted under such law.
10. Limitation of Liability.
CERTAIN PROVIDERS OF PRODUCTS AND SERVICES ARE LISTED ON THIS SITE AND THESE PROVIDERS ARE NOT AGENTS OR EMPLOYEES OF PATH FORWARD FORMULATOR. PATH FORWARD FORMULATOR SHALL NOT BE LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH PROVIDER OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THIS SITE, COMMUNICATIONS WITH THIRD PARTIES, AND PURCHASE AND USE OF PRODUCTS AND SERVICES FROM PROVIDERS LISTED ON THIS SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THIS SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK AND THAT THIS SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING, WITHOUT LIMITATION, CONSUMER PROTECTION LAW), PATH FORWARD FORMULATOR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS SITE; (2) ANY ACTION WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; (3) ANY PRODUCTS OR SERVICES MADE AVAILABLE OR PURCHASED THROUGH THE PROVIDERS LISTED ON THIS SITE, INCLUDING ANY DAMAGES OR INJURY ARISING FROM ANY USE OF SUCH PRODUCTS OR SERVICES; (4) ANY DELAY OR INABILITY TO USE THIS SITE OR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THIS SITE; (5) THE MODIFICATION, REMOVAL OR DELETION OF ANY CONTENT SUBMITTED OR POSTED ON THIS SITE; OR (6) ANY USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF PATH FORWARD FORMULATOR HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00). IT IS THE RESPONSIBILITY OF THE USER (YOU) TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THIS SITE, OR OBTAINED FROM A LINKED SITE OR RESOURCE.
YOU AND PATH FORWARD FORMULATOR AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.
Certain states or jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply and you may have additional rights. To the extent we may not, as a matter of applicable law, limit our liabilities, the extent of our liability will be the minimum permitted under such law.
11. Indemnification. You agree to indemnify, defend and hold harmless Path Forward Formulator and its partners, officers, directors, agents, contractors, service providers, subcontractors, suppliers, vendors, employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach to these Terms of Use or the agreements they incorporate by reference, or your violation of any law or the rights of a third-party. We reserve the right to take exclusive control and defense of any claim subject to this indemnification by you, in which event you will cooperate fully with us in asserting any and all available defenses.
12. Electronic Communications. When you use this Site or send emails to Path Forward Formulator, you are communicating with Path Forward Formulator electronically. You consent to receive electronically any communications related to your use of this Site. Path Forward Formulator will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.
13. Governing Law. This Agreement is governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any choice or conflict of law provisions or rule. Any legal suit, action, or proceeding arising or related to this Agreement shall be instituted exclusively in the federal courts or state courts located in Cook County, Chicago, Illinois. You waive any and all objects to the exercise of jurisdiction over you by such courts and to venue in such courts.
14. Survival of Terms. Notwithstanding any other provisions of these Terms of Use, or any general legal principles to the contrary, any provision of these Terms of Use that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms of Use.
15. Force Majeure. Path Forward Formulator shall be excused from performance under these Terms of Use, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) disease, epidemics or quarantines; (3) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (4) embargoes, (5) labor strikes, or (6) other causes beyond the reasonable control of Path Forward Formulator.
16. Publicity. During the term of these Terms of Use, you hereby grant to Company the limited right to use the name of your business, trademarks, and related rights in connection with Company’s marketing purposes (including, but not limited to, brochures, websites, and other promotional materials.
17. Assignment. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned to you, but may be assigned by Path Forward Formulator without restriction.
18. Severability. In the event that a provision hereof is deemed to be illegal or unenforceable, such a determination shall not affect the validity or enforceability of the remaining provisions, hereof, all which shall remain in full force and effect.
19. Entire Agreement. The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use and any policies or operating rules posted by us on this Site constitutes the entire agreement and understanding between you and us and govern your use of this Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use). Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.
20. Contact Information. Questions about these Terms of Use should be sent to us at info@pathforwardformulator.com .
MOBILE APPLICATION END USER LICENSE AGREEMENT
This Mobile Application End User License (“Agreement”) is a binding agreement between you (“End User” or “you”) and Path Forward Formulator, LLC (“Company”). This Agreement governs your use of the Path Forward Formulator Mobile Application (including all related documentation, the “Application”). The Application is licensed, not sold, to you.
THIS AGREEMENT GOVERNS YOUR USE OF THE APPLICATION, AS WELL AS ANY SERVICES, FUNCTIONS, AND CONTENT PROVIDED THROUGH THE APPLICATION, AS THE SAME MAY BE PROVIDED BY COMPANY, AS WELL AS COMPANY’S LICENSORS, OR SERVICE PROVIDERS.
BY CLICKING THE “AGREE” BUTTON AND DOWNLOADING, INSTALLING OR USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE.
License Grant. Subject to the terms of this Agreement, Company grants you a limited, non-exclusive, and non-transferable license to:
a. Download, install, and use the Application for your personal and internal business purposes on a single mobile device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with the Applications’ documentation; and
b. Access, download, and use on such Mobile Device the Content and Services (as defined in Section 5) made available in or otherwise accessible through the Application, strictly in accordance with this Agreement and the Privacy Policy and Terms of Use applicable to such Content and Services as set forth in Section 5.
Your use of the Application requires that you have an account with Company and agree to the terms of the Subscription Agreement.
2. License Restrictions. Licensee shall not:
a. Copy the Application, except as expressly permitted by this license;
b. Modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
c. Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
d. Remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
e. Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; or
f. Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application.
3. Reservation of Rights. You acknowledge and agree that the Application provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
4. Collection and Use of Your Information. You acknowledge that when you download, install, or use the Application, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application. You also may be required to provide certain information about yourself or you business as a condition to downloading, installing, or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself or your business with others. All information we collect through or in connection with this Application is subject to our Privacy Policy located at www.pathforwardformulator.com/privacy. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
5. Content and Services. The Application may provide you with access to the Company’s website located at www.pathforwardformulator.com (the “Website”) and products and services accessible thereon, and certain features, functionality, and content accessible on or through the Application may be hosted on the Website (collectively, “Content and Services”). Your access to and use of such Content and Services may require you to acknowledge your acceptance of such Terms of Use and Privacy Policy and/or to register with the Website, and your failure to do so may restrict you from accessing or using certain of the Application’s features and functionality. Any violation of such Terms of Use or Privacy Policy will also be deemed a violation of this Agreement.
6. Geographic Restrictions. The Content and Services are based in the State of Illinois in the United States and provided for access and use only by persons of legal age located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain person or in certain countries. In you access the Content and Services from outside the United States, you are responsible for compliance with local laws.
7. Application Updates; Maintenance and Support. Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings when your Mobile Device is connection to the internet either:
a. The Application will automatically download and install all available Updates; or
b. You may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
Company may provide maintenance and support for the Application but has no obligation whatsoever to furnish maintenance and support services to you and may terminate such services at any time without notice. You acknowledge that neither Apple (for iOS Mobile App) nor Google (for Android Mobile App) has an obligation to furnish any maintenance or support services in connection with the Application.
8. Third-Party Materials. The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto and provided solely as a convenience to you, and your access and use is entirely at your own risk and subject to such third parties’ terms and conditions.
9. Term and Termination.
a. The term of Agreement commences when you download or install the Application and acknowledge your acceptance and will continue in effect until terminated by your or Company as set forth in this Section 9.
b. You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device.
c. Company may terminate this Agreement at any time without notice if it ceases to support the Application, which Company may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
d. Upon termination:
(i) All rights granted to you under this Agreement will also terminate; and
(ii) You must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.
e. Termination will not limit any of Company’s rights or remedies at law or in equity.
10. Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO LICENSEE “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION AND ALL INFORMATION GENERATED BY THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION OR INFORMATION GENERATED BY THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, AS SUCH, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
The Application is only available for supported devices and might no work on every device. Determining whether your device is a supported or compatible device for use of the Application is solely your responsibility, and downloading, installing, and otherwise using the Application is at your own risk.
You expressly agree that any data, specification sheets, formulas, reports, and any other information generated by the Application is provided by Company without warranties of any kind, express or implied, including but not limited to, the implied warranties of merchantability, fitness of a particular purpose or non-infringement. You acknowledge that the information contained in any data, specification sheets, formulas, reports, and any other information generated by the Application is based or obtained from other sources believed to be reliable but is not guaranteed as to its accuracy of completeness. Such information generated by the Application could include technical or other inaccuracies, errors, or omissions. In no event shall Company be liable to you or any third party for the accuracy, timeliness, or completeness of any information generated by the Application or for any decision made or taken by you in reliance on such information.
11. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:
a. PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
b. DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, AS SUCH, SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
12. Indemnification. You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement, including but not limited to the content you submit or make available through this Application.
13. Acceptable Use. You agree that you will not use or encourage others to use the Application in a way that could harm or impair others’ use of the Application. You also agree to not violate the usage limits or controls set forth by: (i) the App Store Terms of Services, for iOS users accessing the Application on an Apple product, or (ii) Google Play Terms of Services for Android users accessing the Application on an Android product.
14. Consent to Electronic Communications and Solicitation. By downloading, installing, and otherwise using the Application, you authorize Company, and any third-party providing products or services through the Application, to send you (including via email and push notifications) information regarding the Content and Services offered and provided through the Application, such as: (i) notices about your use of the Content and Services and Application, including notices of violations of use; (ii) updates to the Content and Services, Application, this Agreement, Company Privacy Policy and Terms of Use, and new features or products; and (iii) promotional information and materials regarding Company’s products and services. You can review your account notification settings and adjust your messaging preferences, including option-in to additional messages or unsubscribing to certain messaging through the push notifications section of the Applications settings.
15. Export Regulation. The Application may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US.
16. Severability If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
17. Governing Law. This Agreement is governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any choice or conflict of law provisions or rule. Any legal suit, action, or proceeding arising or related to this Agreement or the Application shall be instituted exclusively in the federal courts or state courts located in Cook County, Chicago, Illinois. You waive any and all objects to the exercise of jurisdiction over you by such courts and to venue in such courts.
18. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
19. Entire Agreement. This Agreement constitutes the entire agreement between you and Company with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.
20. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
21. Changes to this Agreement. Company reserves the right to modify this Agreement at any time and for any reason. Company will post the most current version of this Agreement at www.pathforwardformulator.com/terms. You are responsible for complying with any changes to this Agreement posted through the Application or the Company’s website. You continued use of the Application after Company publishes changes to this Agreement indicates your consent to the updated terms.
22. Publicity. During the term of this Agreement, you hereby grant to Company the limited right to use the name of your business, trademarks, and related rights in connection with Company’s marketing purposes (including, but not limited to, brochures, websites, and other promotional materials.
23. Contact. If you have any questions regarding this Agreement or the Application, please contact Path Forward Formulator at info@pathfowardformulator.com or mail at Path Forward, 1440 North Lake Shore Drive, Chicago, IL, 60610.