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Terms and Conditions
This Agreement sets out the terms and conditions relating to the online content provided free of charge and content subject to payment (“Free and Paid-for Content”) that ForumSherpa (“the Siteowner”) will provide to you (“the User”). By accessing resourcecenter.forumsherpa.com (“the Site”) the User is agreeing to the terms and conditions below. If the User uses the Site in the course of business the User is also agreeing to these terms and conditions on behalf of that business. If the User does not agree with the terms and conditions (or the User is not authorized to do so) the User should not use the Site. If the User has any questions, they should contact the Siteowner at firstname.lastname@example.org.
SERVICES AND FEES
The Siteowner shall provide Free and Paid-for Content. This includes [a subscription for Paid-for Content available]. The Siteowner reserves the right to vary the Free and Paid-for Content and does not guarantee that the content provided free of charge (“Free Content”) will remain free of charge and does not guarantee that the content provided subject to payment (“Paid-for Content”) will remain a paid-for service.
SUBSCRIPTION FEES AND RENEWAL
Use of the Service requires payment in advance. If at the conclusion of your initial subscription term you fail to pay for additional usage, your account will be suspended and inaccessible until payment is made. See the website for current subscription fees. Your subscription will renew automatically at the end of the standard monthly, annual, or other pre-determined billing cycle that coincides with the end of your subscription term. That just keeps things simple. Please refer to the “My Subscriptions” screen (in “My Account”) for information about your account, including the renewal date.
CANCELLATION, SUSPENSION, AND TERMINATION
You are solely responsible for properly canceling your account. An email, direct chat, or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on “My Account” on the top navigation menu at the top right of the screen and then clicking on the “cancel” button. It’s that easy!
If you cancel your account before the end of your current paid up term, your termination will take effect immediately and you will not be charged again. Your account will remain active until the end of the current billing cycle, but you won’t be entitled to a refund or prorated adjustment. (Sorry.)
If you cancel your account, your account access will be limited to the end of the current paid term.
Subscription fees are processed in United States Dollars, and any approved refunds will also be processed in United States Dollars.
We reserve the right to temporarily suspend or cancel your account if your usage significantly exceeds the average usage of other Service customers. Of course, we’ll reach out to you before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
The Siteowner in its sole discretion, has the right to suspend or terminate any account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your account
The User shall not remove or replicate any logo, copyright or proprietary notices, legends, symbols, labels, watermarks, signatures or any other like marks affixed to or embedded in the content or services. The User shall not carry out any act or omission or permit any act or omission to take place that infringes or is likely to infringe any intellectual property rights owned or used by the Siteowner or its licensors including SubHub Limited or otherwise relating to the Site.
LIMITATION OF LIABILITY AND INDEMNITY
The User expressly agrees that the use of, and browsing of the Site is at the User’s own risk. Neither the Siteowner nor any other party involved in creating, producing or delivering the Site, including SubHub Limited, is liable for any direct, incidental, special, consequential, indirect or punitive damages arising out of the User’s access to, or use of, or inability to use the Site or any linked site or for the cost of procurement of substitute goods or services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through the Site or resulting from any unauthorized access to or alteration of your transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible property including legal costs and expenses, even if the Siteowner has been advised of the possibility of such damages.
The User expressly agrees that the downloading of any material from the Site is at the User’s own risk. Neither the Siteowner nor any other party involved in creating, producing or delivering the Site, including SubHub Limited, is liable for any direct, incidental, special, consequential, indirect or punitive damages resulting from the User downloading material from the Site or any linked site, including but not limited to, damages for loss of profits, use, data or other intangible property including legal costs and expenses, even if the Siteowner has been advised of the possibility of such damages. Without limiting the foregoing, everything on the Site is provided to the User “as is” and “as available” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of satisfactory quality, fitness for a particular purpose or non-infringement. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to every User. The User must check their local laws for any restrictions or limitations regarding the exclusion of implied warranties. While the Siteowner will use reasonable efforts to include accurate and up to date information on the Site, the Siteowner makes no warranties or representations as to its accuracy or completeness. The Siteowner is not responsible for any errors or omissions or for the results obtained from the use of such information. The information is provided with the understanding that the information does not constitute any form of advice, recommendation or arrangement by the Siteowner or its affiliates or any other party involved in the Site and is not intended to be relied upon by Users in making (or refraining from making) any decisions based on such information. The User must make their own decisions on whether or not to rely on any information posted on the Site. The Siteowner reserves the right to modify information displayed on this Site but it does not make any commitment to update the information displayed on this Site. No party [other than the Siteowner] who is involved in the workings of the Site, including SubHub Limited, will at any time be liable or responsible in any way for the content, including Paid-for Content, and information provided on or via the Site and for the User’s use of the Site. From time to time the Siteowner will make available to the User links from the site to third party sites. These sites are not in any way approved, checked, edited, vetted or endorsed by the Siteowner and the User agrees that the Siteowner shall not be responsible or liable in any way for the content, advertising or products available from such sites, the quality, functionality, suitability or legality of such sites or for any dealings that the User may have, or the consequences of such dealings, with such third party site operators. Any arrangements made between the User and any third party named on the Siteowner’s Site are at the User’s sole risk and responsibility and the Siteowner expressly disclaims any liability for third party information or opinions posted on this Site or any linked Sites that arises under criminal or civil laws relating to defamation, intellectual property, infringement, privacy, obscenity, or any other area of law.
The User agrees to indemnify, keep indemnified, defend and hold the Siteowner and its parent companies, subsidiaries, affiliates and their respective officers, directors, employees, owners, agents, information providers and licensors, including SubHub Limited, (collectively the “Indemnified Parties”) harmless from and against any and all claims, damages, liability, losses, costs and expenses (including legal fees) (whether or not foreseeable or avoidable) incurred or suffered by any Indemnified Party and any claims or legal proceedings which are brought or threatened arising from the User’s use of, connection with or conduct on the Site or any breach by the User of these terms. The Siteowner or SubHub Limited reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, and in such case, the User agrees to co-operate with the defense of such claim.
CONSEQUENCES OF BREACH OF THESE TERMS
In the event that the Siteowner or SubHub Limited considers or determines, in their complete discretion, that the User has breached, violated or contravened the Agreement or has otherwise demonstrated inappropriate conduct in the use of the Site or the content or services they reserve the absolute right to: (a) warn the User that they have violated the Agreement and ask the User to discontinue such conduct; (b) discontinue the User’s membership of the site and/or any other related services, including Paid-for Content; and (c) take measures (including terminating, suspending or restricting the User’s use of the Site) to prevent the User from using the Site or linking to the Site.
PROPER LAW AND JURISDICTION
This Agreement and all matters arising from it shall be governed by and construed according to the laws of United States of America and shall be subject to the [exclusive] jurisdiction of the courts of the United States of America. Entire Agreement This Agreement supersedes all prior agreements, arrangements and undertakings and constitutes the entire agreement relating to the subject matter of this Agreement. The User confirms that they have not entered into this Agreement on the basis of any representation that is not expressly incorporated into this Agreement.
Last updated: July 1, 2020