Terms and Conditions
Last updated: March 05, 2018
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://forwardchess.com/ website and the Forward Chess mobile application (together, or individually, the “Service”) operated by WiTechnoMe LLC (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
All Purchases made through the Application can only be viewed on an iOS, Android, Windows or MacOS device through the Forward Chess Application.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
All Purchases and sales through the application are final and non-refundable.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes and Promotions
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Purchases made under your account will be viewable through the Application on 3 (three) devices, including mobile and desktop version of the Service. No more than 3 (three) devices may be activated under a single account at any given time.
The Service and its original content, features and functionality are and will remain the exclusive property of WiTechnoMe LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of WiTechnoMe LLC.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by WiTechnoMe LLC.
WiTechnoMe LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that WiTechnoMe LLC 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 use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless WiTechnoMe LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation Of Liability
In no event shall WiTechnoMe LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
WiTechnoMe LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
User is responsible for ensuring compatibility of their Windows, MacOS, iOS or Android device with the Forward Chess Application prior to making purchases through the Application and WiTechnoMe makes no warranties regarding compatibility of the Application or content purchased through the application.
Users who are withinin the European Union may not purchase content through the Forward Chess Application Service and any such purchases made by a User is a violation of these Terms of Service.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Maine, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
WITECHNOME LLC END-USER LICENSE AGREEMENT (EULA)
Please read this Software End User License Agreement (EULA) carefully. This EULA is a contract between you and WiTechnoME, Inc. (Forward Chess) and governs your use of (i) any Forward Chess software and (ii) any Forward Chess products and content, including but not limited to Forward Chess files, e-book files, reference materials, font files, and any other files available for download), including any Updates (defined below) and accompanying printed or electronic documentation (collectively, the Product).
BY CLICKING ‘I AGREE’ OR DOWNLOADING, INSTALLING, OR USING THE PRODUCT, YOU AGREE TO BE BOUND BY THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT CLICK ‘I AGREE’ OR DOWNLOAD, INSTALL OR USE THE PRODUCT.
1. ACKNOWLEDGEMENT. You and Forward Chess acknowledge that (i) you are licensing the Product from Forward Chess and not Apple, Windows or Android, and (ii) Neither Apple, Windows, nor Android are a party to this EULA. As between Apple, Windows, Android and Forward Chess, Forward Chess is solely responsible for the Product, the content therein, any maintenance or support services to the extent required by applicable law, any warranties to the extent that such warranties have not been disclaimed, and any claims that you or any other party may have relating to the Product (including for infringement of third party intellectual property rights and consumer protection and product liability claims). You and Forward Chess acknowledge and agree that Apple and Windows, its subsidiaries are third-party beneficiaries of this EULA, and that Apple Windows or Android will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary hereof.
2. LICENSE GRANT. Subject to your compliance with the terms and conditions of this EULA, Forward Chess grants to you a personal, limited, non-exclusive, non-sublicenseable, non-transferable, revocable license to install and use one copy of the Product on up to 3 (three) supported devices that you own or control.
Other than as specifically permitted during a free trial period, if applicable, you may not manipulate the Product, Forward Chess’s website or other Forward Chess resources to access or utilize any purchase-based or subscription-based feature of the Product unless you have paid the applicable fee. Forward Chess is not obligated to provide any such free trial period for any Product.
3. OWNERSHIP; PROPRIETARY MARKS. The Product is protected by copyright and other intellectual property laws and treaties. Except for the limited license granted to you in Section 2 of this EULA, Forward Chess reserves all right, title, and interest, including but not limited to copyright, patent, trade secret, and all other intellectual property and proprietary rights, in and to the Product. You agree that Forward Chess does not, directly or by implication, by estoppel or otherwise, grant any other rights or licenses to you under this EULA. You may not delete, obscure or alter any copyright, trademark or other proprietary rights notices appearing on the Product. All rights are reserved.
4. FEEDBACK. If you inform Forward Chess of any errors, difficulties or other problems with the Product, or make any suggestions as to changes or modifications to the Product (collectively, Feedback), Forward Chess will have the right to use the Feedback for any purpose without compensation to you. All Feedback, including any and all patents, copyrights, trade secrets and any and all other proprietary rights in or derived from the Feedback, will be the sole property of Forward Chess.
5. NO DISTRIBUTION OR COMMERCIAL USE. You may not sell, resell, sublicense, rent, lease, lend, publish, post, or otherwise provide or distribute the Product, in whole or in part, to any third party without the express prior written consent of Forward Chess in each instance. You may not use or distribute the Product, including but not limited to any content you create using the Product (e.g., personal notes, bookmarks, reading schedules, etc.) for any commercial use or purpose.
6. RESTRICTED USE. You must use the Product in a manner consistent with all applicable laws and regulations, and this EULA. You may not use the Product for any illegal, non-personal or unauthorized purpose. You may not use the Product in a manner that could damage or cause risk to Forward Chess’s business, reputation, employees, customers, facilities, or to any third party. Unauthorized use of the Product includes but is not limited to: (a) tampering with or using non-public areas of Forward Chess’s website or computer systems; (b) attempting to probe or test the vulnerability of Forward Chess’s website or systems, or to breach Forward Chess’s security or authentication measures; (c) attempting to access or search the Product, or Forward Chess’s website or systems with any software or mechanism other than the software and/or search agents provided by Forward Chess or other generally available third party browser; (d) attempting to decompile, decipher, disassemble, reverse engineer or otherwise attempt to access or obtain the source code of any of software comprising or in any way making up a part of Forward Chess’s website or systems; or (e) attempting to interfere with the access of any user, host or network, including but not limited to sending a “virus” through the Product or Forward Chess’s website or systems.
7. NO REVERSE ENGINEERING. You may not copy, list, print, publish, display, modify, create derivative works of, translate, decompile, decipher, disassemble, reverse engineer or otherwise attempt to access or obtain the source code of, or any other proprietary or confidential information from, the Product, in whole or in part, except as expressly permitted by applicable law notwithstanding this limitation.
8. UPDATES. Forward Chess may, in its sole discretion, provide to you updates or supplements to the Product (“Updates“). If Forward Chess provides you any Updates, this EULA will apply to those Updates. The Product may operate only on those hardware and software platforms specified in the Product documentation. It is your responsibility to ensure that you have the appropriate software, hardware and Internet connection to operate the then-current version of the Product. Forward Chess reserves the right to cease supporting any hardware or software platform at any time, with or without notice.
9. USER ACCOUNT AND PASSWORD; SECURITY. You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account, including through the Product. You agree to immediately notify Forward Chess of any unauthorized use of your account or any other breach of security of which you become aware.
10. TERMINATION; SUSPECTED BREACH. If you breach any of the terms and conditions of this EULA or Forward Chess suspects any breach of this EULA, or for any other reason that affects Forward Chess’s business, customers or the public, Forward Chess may: (a) begin legal action, (b) immediately suspend or terminate the EULA, or (c) cooperate with law enforcement in legal proceedings against violators. You agree to cooperate with Forward Chess in investigating suspected violations. In the event of termination of this EULA, any and all licenses granted to you under this EULA immediately cease, and you must: (i) immediately cease any use of the Product and (ii) delete all copies of the Product in your possession, custody, or control, including any copies of the Product on magnetic media or computer systems.
11. DISCLAIMER OF WARRANTIES. THE PRODUCT AND ANY ACCOMPANYING SERVICES (E.G. DATA SYNCHRONIZATION) ARE PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS” BASIS, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE EXPRESSLY DISCLAIMED. THERE IS NO WARRANTY THAT THE PRODUCT WILL BE UNINTERRUPTED, ALWAYS AVAILABLE, ACCURATE, COMPLETE, USEFUL, FUNCTIONAL OR ERROR FREE. THERE IS NO WARRANTY THAT ANY DATA OR CONTENT YOU INPUT, IMPORT, TRANSFER, TRANSMIT, DOWNLOAD OR UPLOAD TO THE PRODUCT OR ANY ACCOMPANYING WEBSITE WILL BE KEPT SECURELY. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE PRODUCT. ANY STATEMENTS MADE ON OR IN ANY PACKAGING, MANUALS, OR OTHER DOCUMENTS NOT EXPRESSLY INCORPORATED HEREIN, AND ANY STATEMENTS MADE BY ANY FORWARD CHESS EMPLOYEES OR REPRESENTATIVES, ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND NOT AS REPRESENTATIONS OR WARRANTIES OF ANY KIND BY FORWARD CHESS. FORWARD CHESS DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON FORWARD CHESS’S BEHALF, AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE EXCLUSIONS IN THIS SECTION 11 MAY NOT APPLY TO YOU, IN WHOLE OR IN PART.
12. LIMITATION OF LIABILITY; DISCLAIMER OF CERTAIN DAMAGES. EVEN IF FORWARD CHESS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, FORWARD CHESS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DAMAGES ARISING FROM THIS EULA OR USE OF THE PRODUCT OR ACCOMPANYING SERVICES, INCLUDING WITHOUT LIMITATION: PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF PRIVACY OR BREACH OF SECURITY DAMAGES; PERSONAL INJURY OR PROPERTY DAMAGES; OR ANY DAMAGES WHATSOEVER RESULTING FROM INTERRUPTION OR FAILURE OF THE PRODUCT, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA, LOSS DUE TO: (A) UNAUTHORIZED ACCESS OR VIRUSES OR OTHER HARMFUL COMPONENTS, (B) THE INABILITY TO USE THE PRODUCT, OR (C) ANY INFORMATION, CONTENT OR ANY FORM OF DATA THAT IS INPUT, IMPORTED, TRANSFERRED, TRANSMITTED TO, TRANSMITTED FROM, RECEIVED FROM OR RECEIVED BY THE PRODUCT OR ANY ACCOMPANYING SERVICES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR OTHER MODIFICATIONS OF OR LIMITATIONS TO CERTAIN REMEDIES, SO THE EXCLUSIONS OR LIMITATIONS IN THIS SECTION 12 MAY NOT APPLY TO YOU, IN WHOLE OR IN PART.
THE MAXIMUM AGGREGATE LIABILITY OF FORWARD CHESS TO YOU, AND THE EXCLUSIVE REMEDY AVAILABLE FOR ANY AND ALL DAMAGES, INJURY, OR LOSSES ARISING FROM ANY AND ALL CLAIMS AND/OR CAUSES OF ACTION RELATED TO THE PRODUCT OR THIS EULA WILL BE THE AMOUNT PAID BY YOU FOR THE APPLICABLE PRODUCT OR TEN DOLLARS ($10.00), WHICHEVER IS THE GREATER. THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THIS EULA WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES.
13. INDEMNIFICATION. You must defend, indemnify and hold Forward Chess harmless from and against any and all claims, demands, actions, liabilities, costs or damages arising out of your use of the Product or your violation of this EULA.
14. NO ASSIGNMENT. This EULA will be binding upon, inure to the benefit of, and be enforceable against your respective successors and permitted assignees. You may not assign this EULA, or any of your rights, interests, or obligations in connection with your use of the Product, without seeking and obtaining the prior written consent of Forward Chess in each instance. Any such assignment without such consent will be void and of no force and effect.
15. THIRD PARTY CONTENT. The Product may contain content or links to various third party web sites and other resources (“Third Party Content“). This third party content (e.g. other than www.ForwardChess.com) is not under the control of Forward Chess and Forward Chess is not responsible or liable for the content, communications or materials of any Third Party Content. Forward Chess, if applicable, provides this content or links to you as a convenience only. The inclusion of any link does not imply endorsement by Forward Chess of the Third Party Content or any association with its operators. You are responsible for adhering to the applicable terms of service for any Third Party Content. You are solely responsible and liable for any interactions you may have with such entities, their sponsors and other third parties.
16. U.S. GOVERNMENT LICENSE RIGHTS. All software provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described in this EULA. All software provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with “Restricted Rights” as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
17. EXPORT RESTRICTIONS. You acknowledge that the Product contains software that is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Product, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a ‘terrorist supporting’ country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
18. GOVERNING LAW; VENUE; ATTORNEYS’ FEES. Maine state law governs the interpretation of this EULA and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort. Regardless of the choice of laws, any action arising out of or related to this Agreement shall be brought in the state or federal courts located in Maine, and each party irrevocably consents to the exclusive jurisdiction and venue of such courts. If either party employs attorneys to enforce any rights arising out of or relating to this EULA, the prevailing party will be entitled to recover its reasonable attorneys’ fees, costs and other expenses.
19. ENTIRE AGREEMENT; NO WAIVER; SEVERABILITY. This EULA comprises the entire agreement and understanding of you and Forward Chess regarding the Product and supersedes and replaces all other agreements or representations, whether electronic, written or oral, regarding the subject matter of this EULA. Forward Chess’s failure at any time to require strict performance by you or any other licensees of any of the provisions of this EULA does not waive Forward Chess’s right to thereafter require strict compliance with any provisions of this EULA. If a court of competent jurisdiction determines, in a final non-appealable judgment, that any provision of this EULA is invalid, illegal, or otherwise unenforceable, such provision will be deleted and the remainder of the EULA will be enforced as nearly as possible in accordance with the stated intention of the parties. Electronic images of this EULA will be considered originals.
20. MODIFICATION OF THIS AGREEMENT. Forward Chess may modify this Agreement at any time in its sole discretion. If so, a change of terms notice or a current version of this Agreement will be posted at the Forward Chess website (at www.ForwardChess.com). In the event of a material change to this Agreement we will also use reasonable efforts to notify you by sending notice to the email address that you have provided to us. If any modification is unacceptable to you, you agree that your only recourse is to immediately terminate your use of the Product and destroy any installations of the Product on your devices and in your possession. Your continued use of the Product following our posting of a change of terms notice or a new end user licensing agreement on the Product will constitute your binding acceptance of the change. YOUR ACCEPTANCE OF THIS AGREEMENT INDICATES THAT YOU GIVE CONSENT TO FORWARD CHESS TO SEND AN E-MAIL COMMUNICATION TO YOU WITH NOTICES CONCERNING MATERIAL CHANGES IN THE TERMS OF THIS AGREEMENT, THE PRODUCT(S) OR THE SERVICES TO WHICH YOU HAVE SUBSCRIBED.
If you have any questions about these Terms, please contact us.
email address: email@example.com