Terms of Use

Website Terms of Service
GNU General Public License Version 3
Formever Cloud Services Terms of Service

Website Terms of Service

1. Acceptance of Terms

Formever, Inc. (“Formever”) (“we,” “us,” “our”) provides its website and other associated documentation, discussion forums, and other services via the website (together, “the Services”) to you subject to the following Terms of Service (“TOS”). Please note that this TOS only governs the use of the website and services available at no cost at www.formever.com, and does not govern the use of Formever’s paid online data storage and support services (the “Cloud Services”). We may update this TOS by posting a new version on our website. We may also try to give you additional notice of any changes via email. Your continued use of the website after any such update constitutes your binding acceptance of such changes. If you do not agree to be bound by this TOS, you should discontinue all use of the Services immediately.

2. Children

In consideration of your use of the Services, you represent that you are thirteen (13) years of age or older and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. Any registration by, or use or access of the Services by, anyone under the age of 13 is not authorized and in violation of this TOS, as is allowing anyone under 13 to access the Services.

3. Registration

By registering as a user of the Services, you agree to provide accurate, current and complete information about yourself, including a valid email address, (such information being the “Registration Data”) and maintain and promptly update the Registration Data to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or Formever has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, Formever may deny you access to areas requiring registration, at its sole discretion. As a result of your registration for the Services, you may receive certain communications from Formever related to content found on the Services. You understand and agree that these communications are part of your registration.

4. User Conduct

It is your responsibility to know, understand and abide by the rules for using the Services. These rules are not meant to be exhaustive, and Formever reserves the right to determine what types of conduct it considers to be inappropriate use of the Services and to take such measures as it sees fit. Formever reserves the right to add to or amend this list of rules at any time. You agree that you will not use the Services, and will not allow anyone else to use the Services to: Post, email, transmit, upload, or otherwise make available content that harasses, abuses, or threatens other users, that contains profanity, or obscene or otherwise objectionable content, or that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification; Stalk or otherwise harass another; Post, email, transmit, upload, or otherwise make available content that contains any other party’s intellectual property unless you have the right to do so; Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services; Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; Post spam or other advertisements or solicitations, solicit funds, promote commercial entities, or otherwise engage in commercial activity except as explicitly allowed herein; Post, email, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed or functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or Intentionally or unintentionally violate any applicable local, state, national or international law. Violation of our rules may result in the removal of your content from the Services and/or the canceling of your account. You understand that with the exception of Customer Information submitted through the Cloud Services (as defined in the Formever Cloud Services Agreement), all materials submitted by users (“User Materials”), including but not limited to profile information and communications with other users, whether privately transmitted or made publicly available, are the sole responsibility of the person from which such User Materials originated. This means that you, not Formever, are entirely responsible for all User Materials that you upload, post, share, email, transmit, or otherwise make available via the Services. Under no circumstances will Formever be liable in any way for any User Materials uploaded, posted, shared, emailed, transmitted or otherwise made available via the Services. You acknowledge that Formever may or may not pre-screen User Materials, but that Formever and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, and/or move any User Materials that are available via the Services. Without limiting the foregoing, Formever and its designees will have the right to remove any User Materials that violate the TOS or are otherwise objectionable in Formever’s sole discretion. You understand that by using the Services, you may be exposed to User Materials that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Materials. You further acknowledge and agree that you will not rely on any content available on or through the Services. With respect to User Materials you submit or make available on the Services, you grant Formever an irrevocable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Materials (in whole or in part) and to incorporate such User Materials into other works in any format or medium now known or later developed.

5. Privacy Policy

Our collection and use of your personal is subject to our Privacy Policy, which is incorporated by reference into these Terms.

6. Account Password and Security

Some features of the Services require registration (“Restricted Areas”). At the time of registration for online account access, you must provide a valid email address and supply a Password to be used in conjunction with your account. You are responsible for maintaining the confidentiality of your Password, and are fully responsible for all uses of your Password, whether by you or others. You agree to (a) keep your Password confidential and not share them with anyone else; (b) immediately notify Formever of any unauthorized use of your Password or account or any other breach of security; and (c) use only your Password to access the Restricted Areas. Formever cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. You acknowledge and agree that Formever is authorized to act on instructions received through use of your Password, and that Formever may, but is not obligated to, deny access or block any transaction made through use of your Password without prior notice if we believe your Password is being used by someone other than you, or for any other reason.

7. Indemnity

You agree to indemnify, defend, and hold Formever and its subsidiaries, affiliates, officers, employees, and agents harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services, any transaction resulting from your use of the Services or communications with others on or through the Services, your connection to the Services, your violation of these Terms, your submission, posting, or transmission of User Materials to the Services, and/or your violation of any rights of another.

8. Modifications to the Services

Formever reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof), including the Restricted Areas, with or without notice. You agree that Formever will not be liable to you or any third party for any modification, suspension or discontinuance of the Services.

9. Termination

You agree that Formever may, in its sole and absolute discretion and without notice or liability to you or any third party, immediately terminate your access to the Restricted Areas. Grounds for such termination will include, but not be limited to, (a) breaches or violations of the TOS or other agreements or guidelines, (b) requests by law enforcement or government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification of the Services (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your account(s) may include (a) removal of access to all offerings within the Restricted Areas, (b) at Formever’s sole discretion, the deletion of all of your Services profile information, User Materials, and other content associated with your Services account (or any part thereof), and (c) barring further use of the Restricted Areas.

10. Interactions with Other Users

Your correspondence or dealings with other users or third parties found on or through the Services, such as through ads or hyperlinks displayed on the Services, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Formever will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Services.

11. Links

The Services may provide links to other websites or resources. Because Formever has no control over such sites and resources, you acknowledge and agree that Formever is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Formever will 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 site or resource.

12. Our Proprietary Rights

All title, ownership and intellectual property rights in and to the Services are owned by Formever or its licensors. You acknowledge and agree that the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Formever, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, in whole or in part.

13. Disclaimer of Warranties

You expressly understand and agree that: Your use of the Services is at your sole risk. The Services are provided on an “AS IS” and “as available” basis. Formever expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. Formever assumes no responsibility for the timeliness, deletion, mis-delivery or failure to provide any content or to store any personalization settings or User Materials. Any content downloaded or otherwise obtained through the Services is downloaded and used at your sole discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download or use of any such content. No advice or information, whether oral or written, obtained by you from Formever or through or from the Services will create any warranty not expressly stated in the TOS.

14. Limitation on Liability

YOU UNDERSTAND AND AGREE THAT FORMEVER WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FORMEVER HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FORMEVER’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO FORMEVER FOR THE SERVICES DURING THE TERM OF YOUR REGISTRATION FOR THE SERVICE.

15. Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

16. No Third Party Beneficiaries

You agree that, except as otherwise expressly provided in this TOS, there will be no third party beneficiaries to this Agreement.

17. Notice

Formever may provide you with notices, including those regarding changes to the TOS, by email, regular mail, or postings on the Services; provided, however, that this Section places no requirements on Formever not already expressly set forth herein.

18. Trademark Information

Formever and other names, logos and marks are the trademarks and service marks of Formever (the “Formever Marks”). You agree that you will not display the Formever Marks, or use the Formever Marks in any manner, without the prior written permission of Formever.

19. Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement

Formever may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who infringe the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Formever’s Copyright Agent with a Notice containing the following information: 1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; 2. A description of the copyrighted work or other intellectual property that you claim has been infringed; 3. A description of where the material that you claim is infringing is located on the site; 4. Your address, telephone number, and email address; 5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. Formever’s Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached in the following ways: By mail: 125 – 2906 West Broadway, Vancouver, BC, Canada, V6K 2G8, or by contact form on this web site

20. Governing Law

This agreement shall be construed in accordance with and governed by the laws of the Province of British Columbia, without regard to the choice or conflicts of law provisions of any jurisdiction. Any dispute, controversy or claim arising out of or relating to this contract, including any question regarding its existence, interpretation, validity, breach or termination, or the business relationship created by it shall be referred to and finally resolved by and under the rules of the BC Commercial International Arbitration Center (BCCIAC). Parties shall first seek to resolve the dispute or controversy through mediation with the BCCIAC before pursuing any other proceedings. One (1) mediator with legal and computer expertise shall be assigned by the BCCIAC. If no resolution can be reached through mediation, one (1) arbitrator shall be assigned from the BCCIAC, who is not the same person as the mediator, but who also has legal and computer expertise. Consistent with the expedited nature of arbitration, each party will, upon written request of the other party, promptly provide the other with copies of documents relevant to the issues raised by any claim or counterclaim on which the producing party may rely in support of or in opposition to any claim or defense. Any dispute regarding discovery, or the relevance or scope thereof, shall be determined by the arbitrator, which determination shall be conclusive. All discovery shall be completed within 60 days following the appointment of the arbitrator. All mediation and arbitration will be held in Vancouver, BC. Costs for arbitration will be awarded to the prevailing side. .

Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.

21. Entire Agreement

The TOS, along with any applicable license or services agreements, constitutes the entire agreement between you and Formever with respect to the Services and supersedes any prior agreements, oral or written, between you and Formever.

22. Waiver and Severability of Terms

The failure of Formever to exercise or enforce any right or provision of the TOS will not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

23. Conflicts

In the case of a conflict between these Terms of Service and the terms of the Privacy Policy, these Terms of Service will control.

24. Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

25. Section Titles

The section titles in the TOS are for convenience only and have no legal or contractual effect.

26. Violations

Please report any violations of the TOS to Formever administration.

GNU General Public License

GNU General Public License Version 3, 29 June 2007

Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.
Preamble

The GNU General Public License is a free, copyleft license for software and other kinds of works.

The licenses for most software and other practical works are designed to take away your freedom to share and change the works. By contrast, the GNU General Public License is intended to guarantee your freedom to share and change all versions of a program–to make sure it remains free software for all its users. We, the Free Software Foundation, use the GNU General Public License for most of our software; it applies also to any other work released this way by its authors. You can apply it to your programs, too.

When we speak of free software, we are referring to freedom, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for them if you wish), that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new free programs, and that you know you can do these things.

To protect your rights, we need to prevent others from denying you these rights or asking you to surrender the rights. Therefore, you have certain responsibilities if you distribute copies of the software, or if you modify it: responsibilities to respect the freedom of others.

For example, if you distribute copies of such a program, whether gratis or for a fee, you must pass on to the recipients the same freedoms that you received. You must make sure that they, too, receive or can get the source code. And you must show them these terms so they know their rights.

Developers that use the GNU GPL protect your rights with two steps:

(1) assert copyright on the software, and (2) offer you this License giving you legal permission to copy, distribute and/or modify it.

For the developers’ and authors’ protection, the GPL clearly explains that there is no warranty for this free software. For both users’ and authors’ sake, the GPL requires that modified versions be marked as changed, so that their problems will not be attributed erroneously to authors of previous versions.

Some devices are designed to deny users access to install or run modified versions of the software inside them, although the manufacturer can do so. This is fundamentally incompatible with the aim of protecting users’ freedom to change the software. The systematic pattern of such abuse occurs in the area of products for individuals to use, which is precisely where it is most unacceptable. Therefore, we have designed this version of the GPL to prohibit the practice for those products. If such problems arise substantially in other domains, we stand ready to extend this provision to those domains in future versions of the GPL, as needed to protect the freedom of users.

Finally, every program is threatened constantly by software patents. States should not allow patents to restrict development and use of software on general-purpose computers, but in those that do, we wish to avoid the special danger that patents applied to a free program could make it effectively proprietary. To prevent this, the GPL assures that patents cannot be used to render the program non-free.

The precise terms and conditions for copying, distribution and modification follow.

Terms and conditions

0. Definitions.

“This License” refers to version 3 of the GNU General Public License.

“Copyright” also means copyright-like laws that apply to other kinds of works, such as semiconductor masks.

“The Program” refers to any copyrightable work licensed under this License. Each licensee is addressed as “you”. “Licensees” and “recipients” may be individuals or organizations.

To “modify” a work means to copy from or adapt all or part of the work in a fashion requiring copyright permission, other than the making of an exact copy. The resulting work is called a “modified version” of the earlier work or a work “based on” the earlier work.

A “covered work” means either the unmodified Program or a work based on the Program.

To “propagate” a work means to do anything with it that, without permission, would make you directly or secondarily liable for infringement under applicable copyright law, except executing it on a computer or modifying a private copy. Propagation includes copying, distribution (with or without modification), making available to the public, and in some countries other activities as well.

To “convey” a work means any kind of propagation that enables other parties to make or receive copies. Mere interaction with a user through a computer network, with no transfer of a copy, is not conveying.

An interactive user interface displays “Appropriate Legal Notices” to the extent that it includes a convenient and prominently visible feature that (1) displays an appropriate copyright notice, and (2) tells the user that there is no warranty for the work (except to the extent that warranties are provided), that licensees may convey the work under this License, and how to view a copy of this License. If the interface presents a list of user commands or options, such as a menu, a prominent item in the list meets this criterion.

1. Source Code.

The “source code” for a work means the preferred form of the work for making modifications to it. “Object code” means any non-source form of a work.

A “Standard Interface” means an interface that either is an official standard defined by a recognized standards body, or, in the case of interfaces specified for a particular programming language, one that is widely used among developers working in that language.

The “System Libraries” of an executable work include anything, other than the work as a whole, that (a) is included in the normal form of packaging a Major Component, but which is not part of that Major Component, and (b) serves only to enable use of the work with that Major Component, or to implement a Standard Interface for which an implementation is available to the public in source code form. A “Major Component”, in this context, means a major essential component (kernel, window system, and so on) of the specific operating system (if any) on which the executable work runs, or a compiler used to produce the work, or an object code interpreter used to run it.

The “Corresponding Source” for a work in object code form means all the source code needed to generate, install, and (for an executable work) run the object code and to modify the work, including scripts to control those activities. However, it does not include the work’s System Libraries, or general-purpose tools or generally available free programs which are used unmodified in performing those activities but which are not part of the work. For example, Corresponding Source includes interface definition files associated with source files for the work, and the source code for shared libraries and dynamically linked subprograms that the work is specifically designed to require, such as by intimate data communication or control flow between those subprograms and other parts of the work.

The Corresponding Source need not include anything that users can regenerate automatically from other parts of the Corresponding Source.

The Corresponding Source for a work in source code form is that same work.

2. Basic Permissions.

All rights granted under this License are granted for the term of copyright on the Program, and are irrevocable provided the stated conditions are met. This License explicitly affirms your unlimited permission to run the unmodified Program. The output from running a covered work is covered by this License only if the output, given its content, constitutes a covered work. This License acknowledges your rights of fair use or other equivalent, as provided by copyright law.

You may make, run and propagate covered works that you do not convey, without conditions so long as your license otherwise remains in force. You may convey covered works to others for the sole purpose of having them make modifications exclusively for you, or provide you with facilities for running those works, provided that you comply with the terms of this License in conveying all material for which you do not control copyright. Those thus making or running the covered works

for you must do so exclusively on your behalf, under your direction and control, on terms that prohibit them from making any copies of your copyrighted material outside their relationship with you.

Conveying under any other circumstances is permitted solely under the conditions stated below. Sublicensing is not allowed; section 10 makes it unnecessary.

3. Protecting Users’ Legal Rights From Anti-Circumvention Law.

No covered work shall be deemed part of an effective technological measure under any applicable law fulfilling obligations under article 11 of the WIPO copyright treaty adopted on 20 December 1996, or similar laws prohibiting or restricting circumvention of such measures.

When you convey a covered work, you waive any legal power to forbid circumvention of technological measures to the extent such circumvention is effected by exercising rights under this License with respect to the covered work, and you disclaim any intention to limit operation or modification of the work as a means of enforcing, against the work’s users, your or third parties’ legal rights to forbid circumvention of technological measures.

4. Conveying Verbatim Copies.

You may convey verbatim copies of the Program’s source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice; keep intact all notices stating that this License and any non-permissive terms added in accord with section 7 apply to the code; keep intact all notices of the absence of any warranty; and give all recipients a copy of this License along with the Program.

You may charge any price or no price for each copy that you convey, and you may offer support or warranty protection for a fee.

5. Conveying Modified Source Versions.

You may convey a work based on the Program, or the modifications to produce it from the Program, in the form of source code under the terms of section 4, provided that you also meet all of these conditions:

a) The work must carry prominent notices stating that you modified it, and giving a relevant date.

b) The work must carry prominent notices stating that it is released under this License and any conditions added under section 7. This requirement modifies the requirement in section 4 to “keep intact all notices”.

c) You must license the entire work, as a whole, under this License to anyone who comes into possession of a copy. This License will therefore apply, along with any applicable section 7 additional terms, to the whole of the work, and all its parts, regardless of how they are packaged. This License gives no permission to license the work in any other way, but it does not invalidate such permission if you have separately received it.

d) If the work has interactive user interfaces, each must display Appropriate Legal Notices; however, if the Program has interactive interfaces that do not display Appropriate Legal Notices, your work need not make them do so.

A compilation of a covered work with other separate and independent works, which are not by their nature extensions of the covered work, and which are not combined with it such as to form a larger program, in or on a volume of a storage or distribution medium, is called an “aggregate” if the compilation and its resulting copyright are not used to limit the access or legal rights of the compilation’s users beyond what the individual works permit. Inclusion of a covered work in an aggregate does not cause this License to apply to the other parts of the aggregate.

6. Conveying Non-Source Forms.

You may convey a covered work in object code form under the terms of sections 4 and 5, provided that you also convey the machine-readable Corresponding Source under the terms of this License, in one of these ways:

a) Convey the object code in, or embodied in, a physical product (including a physical distribution medium), accompanied by the Corresponding Source fixed on a durable physical medium customarily used for software interchange.

b) Convey the object code in, or embodied in, a physical product (including a physical distribution medium), accompanied by a written offer, valid for at least three years and valid for as long as you offer spare parts or customer support for that product model, to give anyone who possesses the object code either (1) a copy of the Corresponding Source for all the software in the product that is covered by this License, on a durable physical medium customarily used for software interchange, for a price no more than your reasonable cost of physically performing this conveying of source, or (2) access to copy the Corresponding Source from a network server at no charge.

c) Convey individual copies of the object code with a copy of the written offer to provide the Corresponding Source. This alternative is allowed only occasionally and noncommercially, and only if you received the object code with such an offer, in accord with subsection 6b.

d) Convey the object code by offering access from a designated place (gratis or for a charge), and offer equivalent access to the Corresponding Source in the same way through the same place at no further charge. You need not require recipients to copy the Corresponding Source along with the object code. If the place to copy the object code is a network server, the Corresponding Source may be on a different server (operated by you or a third party) that supports equivalent copying facilities, provided you maintain clear directions next to the object code saying where to find the Corresponding Source. Regardless of what server hosts the Corresponding Source, you remain obligated to ensure that it is available for as long as needed to satisfy these requirements.

e) Convey the object code using peer-to-peer transmission, provided you inform other peers where the object code and Corresponding Source of the work are being offered to the general public at no charge under subsection 6d.

A separable portion of the object code, whose source code is excluded from the Corresponding Source as a System Library, need not be included in conveying the object code work.

A “User Product” is either (1) a “consumer product”, which means any tangible personal property which is normally used for personal, family, or household purposes, or (2) anything designed or sold for incorporation into a dwelling. In determining whether a product is a consumer product, doubtful cases shall be resolved in favor of coverage. For a particular product received by a particular user, “normally used” refers to a typical or common use of that class of product, regardless of the status of the particular user or of the way in which the particular user actually uses, or expects or is expected to use, the product. A product is a consumer product regardless of whether the product has substantial commercial, industrial or non-consumer uses, unless such uses represent the only significant mode of use of the product.

“Installation Information” for a User Product means any methods, procedures, authorization keys, or other information required to install and execute modified versions of a covered work in that User Product from a modified version of its Corresponding Source. The information must suffice to ensure that the continued functioning of the modified object code is in no case prevented or interfered with solely because modification has been made.

If you convey an object code work under this section in, or with, or specifically for use in, a User Product, and the conveying occurs as part of a transaction in which the right of possession and use of the User Product is transferred to the recipient in perpetuity or for a fixed term (regardless of how the transaction is characterized), the Corresponding Source conveyed under this section must be accompanied by the Installation Information. But this requirement does not apply if neither you nor any third party retains the ability to install modified object code on the User Product (for example, the work has been installed in ROM).

The requirement to provide Installation Information does not include a requirement to continue to provide support service, warranty, or updates for a work that has been modified or installed by the recipient, or for the User Product in which it has been modified or installed. Access to a network may be denied when the modification itself materially and adversely affects the operation of the network or violates the rules and protocols for communication across the network.

Corresponding Source conveyed, and Installation Information provided, in accord with this section must be in a format that is publicly documented (and with an implementation available to the public in source code form), and must require no special password or key for unpacking, reading or copying.

7. Additional Terms.

“Additional permissions” are terms that supplement the terms of this License by making exceptions from one or more of its conditions. Additional permissions that are applicable to the entire Program shall be treated as though they were included in this License, to the extent that they are valid under applicable law. If additional permissions apply only to part of the Program, that part may be used separately under those permissions, but the entire Program remains governed by this License without regard to the additional permissions.

When you convey a copy of a covered work, you may at your option remove any additional permissions from that copy, or from any part of it. (Additional permissions may be written to require their own removal in certain cases when you modify the work.) You may place additional permissions on material, added by you to a covered work, for which you have or can give appropriate copyright permission.

Notwithstanding any other provision of this License, for material you add to a covered work, you may (if authorized by the copyright holders of that material) supplement the terms of this License with terms:

a) Disclaiming warranty or limiting liability differently from the terms of sections 15 and 16 of this License; or

b) Requiring preservation of specified reasonable legal notices or author attributions in that material or in the Appropriate Legal Notices displayed by works containing it; or

c) Prohibiting misrepresentation of the origin of that material, or requiring that modified versions of such material be marked in reasonable ways as different from the original version; or

d) Limiting the use for publicity purposes of names of licensors or authors of the material; or

e) Declining to grant rights under trademark law for use of some trade names, trademarks, or service marks; or

f) Requiring indemnification of licensors and authors of that material by anyone who conveys the material (or modified versions of it) with contractual assumptions of liability to the recipient, for any liability that these contractual assumptions directly impose on those licensors and authors.

All other non-permissive additional terms are considered “further restrictions” within the meaning of section 10. If the Program as you received it, or any part of it, contains a notice stating that it is governed by this License along with a term that is a further restriction, you may remove that term. If a license document contains a further restriction but permits relicensing or conveying under this License, you may add to a covered work material governed by the terms of that license document, provided that the further restriction does not survive such relicensing or conveying.

If you add terms to a covered work in accord with this section, you must place, in the relevant source files, a statement of the additional terms that apply to those files, or a notice indicating where to find the applicable terms.

Additional terms, permissive or non-permissive, may be stated in the form of a separately written license, or stated as exceptions; the above requirements apply either way.

8. Termination.

You may not propagate or modify a covered work except as expressly provided under this License. Any attempt otherwise to propagate or modify it is void, and will automatically terminate your rights under this License (including any patent licenses granted under the third paragraph of section 11).

However, if you cease all violation of this License, then your license from a particular copyright holder is reinstated (a) provisionally, unless and until the copyright holder explicitly and finally terminates your license, and (b) permanently, if the copyright holder fails to notify you of the violation by some reasonable means prior to 60 days after the cessation.

Moreover, your license from a particular copyright holder is reinstated permanently if the copyright holder notifies you of the violation by some reasonable means, this is the first time you have received notice of violation of this License (for any work) from that copyright holder, and you cure the violation prior to 30 days after your receipt of the notice.

Termination of your rights under this section does not terminate the licenses of parties who have received copies or rights from you under this License. If your rights have been terminated and not permanently reinstated, you do not qualify to receive new licenses for the same material under section 10.

9. Acceptance Not Required for Having Copies.

You are not required to accept this License in order to receive or run a copy of the Program. Ancillary propagation of a covered work occurring solely as a consequence of using peer-to-peer transmission to receive a copy likewise does not require acceptance. However, nothing other than this License grants you permission to propagate or modify any covered work. These actions infringe copyright if you do not accept this License. Therefore, by modifying or propagating a covered work, you indicate your acceptance of this License to do so.

10. Automatic Licensing of Downstream Recipients.

Each time you convey a covered work, the recipient automatically receives a license from the original licensors, to run, modify and propagate that work, subject to this License. You are not responsible for enforcing compliance by third parties with this License.

An “entity transaction” is a transaction transferring control of an organization, or substantially all assets of one, or subdividing an organization, or merging organizations. If propagation of a covered work results from an entity transaction, each party to that transaction who receives a copy of the work also receives whatever licenses to the work the party’s predecessor in interest had or could give under the previous paragraph, plus a right to possession of the Corresponding Source of the work from the predecessor in interest, if the predecessor has it or can get it with reasonable efforts.

You may not impose any further restrictions on the exercise of the rights granted or affirmed under this License. For example, you may not impose a license fee, royalty, or other charge for exercise of rights granted under this License, and you may not initiate litigation (including a cross-claim or counterclaim in a lawsuit) alleging that any patent claim is infringed by making, using, selling, offering for sale, or importing the Program or any portion of it.

11. Patents.

A “contributor” is a copyright holder who authorizes use under this License of the Program or a work on which the Program is based. The work thus licensed is called the contributor’s “contributor version”.

A contributor’s “essential patent claims” are all patent claims owned or controlled by the contributor, whether already acquired or hereafter acquired, that would be infringed by some manner, permitted by this License, of making, using, or selling its contributor version, but do not include claims that would be infringed only as a consequence of further modification of the contributor version. For purposes of this definition, “control” includes the right to grant patent sublicenses in a manner consistent with the requirements of this License.

Each contributor grants you a non-exclusive, worldwide, royalty-free patent license under the contributor’s essential patent claims, to make, use, sell, offer for sale, import and otherwise run, modify and propagate the contents of its contributor version.

In the following three paragraphs, a “patent license” is any express agreement or commitment, however denominated, not to enforce a patent (such as an express permission to practice a patent or covenant not to sue for patent infringement). To “grant” such a patent license to a party means to make such an agreement or commitment not to enforce a patent against the party.

If you convey a covered work, knowingly relying on a patent license, and the Corresponding Source of the work is not available for anyone to copy, free of charge and under the terms of this License, through a publicly available network server or other readily accessible means, then you must either (1) cause the Corresponding Source to be so available, or (2) arrange to deprive yourself of the benefit of the patent license for this particular work, or (3) arrange, in a manner consistent with the requirements of this License, to extend the patent license to downstream recipients. “Knowingly relying” means you have actual knowledge that, but for the patent license, your conveying the covered work in a country, or your recipient’s use of the covered work in a country, would infringe one or more identifiable patents in that country that you have reason to believe are valid.

If, pursuant to or in connection with a single transaction or arrangement, you convey, or propagate by procuring conveyance of, a covered work, and grant a patent license to some of the parties receiving the covered work authorizing them to use, propagate, modify or convey a specific copy of the covered work, then the patent license you grant is automatically extended to all recipients of the covered work and works based on it.

A patent license is “discriminatory” if it does not include within the scope of its coverage, prohibits the exercise of, or is conditioned on the non-exercise of one or more of the rights that are specifically granted under this License. You may not convey a covered work if you are a party to an arrangement with a third party that is in the business of distributing software, under which you make payment to the third party based on the extent of your activity of conveying the work, and under which the third party grants, to any of the parties who would receive the covered work from you, a discriminatory patent license (a) in connection with copies of the covered work conveyed by you (or copies made from those copies), or (b) primarily for and in connection with specific products or compilations that contain the covered work, unless you entered into that arrangement, or that patent license was granted, prior to 28 March 2007.

Nothing in this License shall be construed as excluding or limiting any implied license or other defenses to infringement that may otherwise be available to you under applicable patent law.

12. No Surrender of Others’ Freedom.

If conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot convey a covered work so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not convey it at all. For example, if you agree to terms that obligate you to collect a royalty for further conveying from those to whom you convey the Program, the only way you could satisfy both those terms and this License would be to refrain entirely from conveying the Program.

13. Use with the GNU Affero General Public License.

Notwithstanding any other provision of this License, you have permission to link or combine any covered work with a work licensed under version 3 of the GNU Affero General Public License into a single combined work, and to convey the resulting work. The terms of this License will continue to apply to the part which is the covered work, but the special requirements of the GNU Affero General Public License, section 13, concerning interaction through a network will apply to the combination as such.

14. Revised Versions of this License.

The Free Software Foundation may publish revised and/or new versions of the GNU General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.

Each version is given a distinguishing version number. If the Program specifies that a certain numbered version of the GNU General Public License “or any later version” applies to it, you have the option of following the terms and conditions either of that numbered version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of the GNU General Public License, you may choose any version ever published by the Free Software Foundation.

If the Program specifies that a proxy can decide which future versions of the GNU General Public License can be used, that proxy’s public statement of acceptance of a version permanently authorizes you to choose that version for the Program.

Later license versions may give you additional or different permissions. However, no additional obligations are imposed on any author or copyright holder as a result of your choosing to follow a later version.

15. Disclaimer of Warranty.

THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

16. Limitation of Liability.

IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

17. Interpretation of Sections 15 and 16.

If the disclaimer of warranty and limitation of liability provided above cannot be given local legal effect according to their terms, reviewing courts shall apply local law that most closely approximates an absolute waiver of all civil liability in connection with the Program, unless a warranty or assumption of liability accompanies a copy of the Program in return for a fee.

Cloud Services Agreement

Last edited on October 24th, 2014

Welcome

Formever, Inc. (“Formever”) may provide the Customer with various services, including, without limitation, paid online data storage, technical support, data encryption, discretionary access control, automatic updates, and multi-user access to a database (together, “the Cloud Services”). By registering for and using the Cloud Services, Customer agrees to abide by this Agreement, including any policies, statements, or other Agreements incorporated by reference herein, including but not limited to the End User License Agreement (“EULA”), the Privacy Policy, and the Security Statement.

1. Definitions

As used in this Agreement:

“Agreement” means this online Cloud Services Agreement, any Statements of Work (“SOW”) entered into by Formever and the Customer, the Formever End User License Agreement, and any other terms, policies, or other agreements specifically incorporated by reference herein.

“Content” means material, data, and information contained or made available to the Customer through the Customer’s use of the Cloud Services;

“Customer” means the individual or legal entity, its directors, officers, affiliates agents, and employees, as identified in the information provided to Formever when registering for the Cloud Services.

“Customer Information” means any material, data, or information provided or submitted to Formever by the Customer in the course of registering for or using the Cloud Services, but does not include any User Materials posted by Customer on the public areas of the Formever website;

“Director(s)” means Customers, employees, representatives, consultants, contractors or agents who are authorized to use the Cloud Services and have been assigned Director login credentials (login IDs and passwords) by the Executive Director for the Customer (or by Formever at the Customer’s request).

“Executive Director” refers to the Director designated by the Customer who is authorized to create Director accounts and otherwise administer the Customer’s use of the Cloud Services. The Executive Director will also be the main point of contact for the Customer and will receive invoices, account notices, and other notices from Formever.

“Formever” means Formever, Inc. a Canadian corporation

“Services” means the online storage and hosting services and support services provided by Formever to Customers via the Formever website.

2. Charges and Payment of Fees

The pricing structure for the Cloud Services is described on the Formever Pricing Schedule.

The Customer will pay all fees in accordance with the billing terms in effect at the time a fee is due and payable. The Customer must provide Formever with valid credit card or approved purchase order information as a condition to signing up for the Cloud Services. An authorized Executive Director may add licenses by going to his/her account, opening the company filing cabinet, then opening the Directors folder, creating a new Director form, posting it, and entering his/her password to authorize the posting. Additional licenses added at any point during a billing month will be charged in full for that billing month.

Formever reserves the right to change the prices on the Pricing Schedule and to introduce new charges at any time. Formever will notify Executive Directors via email at least 30 days before any price increases take effect.

3. Billing

Fees for per-Director licenses are billed on a monthly basis. When the Customer activates his or her account, Formever will collect a credit card number to be used for such monthly billing, along with the Customer’s authorization for recurring monthly charges. Thereafter, Formever will automatically bill the Customer’s credit card on the monthly anniversary of the Customer’s registration date for the fees due for the previous month’s services (e.g., if the Customer activates his or her account on the 10th of the month, Formever will automatically bill Customer’s credit card on the 10th of each month thereafter). If the account is activated at the end of a month, it will be billed on the closest date at the end of the next month (e.g. an account activated on May 31st will get the next bill on June 30th, an account activated on Jan 31st will get the next bill on Feb 28th, and so on). Formever’s fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and the Customer will be responsible for payment of all such taxes, levies, or duties.

The Customer agrees to provide Formever with complete and accurate billing and contact information. This information includes the Customer’s legal company name, billing address, email address, and name and telephone number of an authorized billing contact and the Executive Director. The Customer also agrees to update the contact information for billing contact or the Executive Director within 30 days of the time such information changes. If the Customer provides false or fraudulent contact information, Formever reserves the right to terminate the Customer’s access to the Cloud Services in addition to any other legal remedies.

For credit card payers, invoices will be generated at the end of a license or billing period and the Customer’s credit card will be charged simultaneously. The Customer’s account will be considered delinquent (in arrears) if payment in full is not received by the license or billing period end date. Customer will pay any and all collection costs incurred by Formever in collection of outstanding debts.

All Customers will be billed in U.S. dollars. Customers with headquarters and a majority of Directors resident in Canada will also be charged the appropriate HST or GST on goods and services.

4. Refund Policy

Since Formever bills at the end of the monthly period, after services have been provided, Formever does not issue refunds. Because billing is for month or part thereof, there are no refunds for partial months. If you feel that the services were not actually delivered in the preceding month, due to technical or other problems, please follow the procedures for a Disputed Bill.

5. Disputed Bills

If the Customer believes that the bill is incorrect, the Customer must contact Formever via email or in writing within 30 days after being billed for the amount in question. If billing errors are not reported within 30 day after being billed, all charges will be deemed to be correct.

6. Non-Payment & Suspension

In addition to any other rights granted to Formever herein, Formever reserves the right to suspend or terminate this Agreement and the Customer’s access to the Cloud Services if the Customer’s account becomes thirty (30) days or more in arrears. Accounts in arrears will be subject to interest of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection. The Customer will continue to be charged for Director licenses during any period of suspension. If the Customer or Formever terminates this Agreement, the Customer will be obligated to pay the balance due on the Customer’s account computed in accordance with the Pricing Schedule in effect on the date the Agreement is terminated. The Customer agrees that Formever may charge such unpaid fees to the Customer’s credit card. All cancellation requests must be sent to Formever via an email from the Executive Director (matching the email address on file) or registered mail.

Formever reserves the right to impose a reconnection fee if the Customer reactivates its account after the account is suspended for non-payment of fees. The Customer agrees and acknowledges that Formever has no obligation to retain Customer Information after the Agreement is terminated and that such the Customer Information may be irretrievably deleted if the Customer’s account is 60 days or more in arrears.

7. Privacy & Security

Click on this link to review Formever’s Privacy Policy. Click on this link to review Formever’s Cloud Services Security Statement.

Passwords – Each Executive Director and Director has his/her own login ID and password. It is your responsibility to keep your passwords secure. You are solely responsible for all activity that occurs using your login IDs and passwords, so Formever strongly advises that you use strong passwords, and keep them private and secure. You must notify Formever immediately of any breach in your security related to the Service. The Executive Director has the ability to reset passwords for all Directors on the same account. The Executive Director’s password can only be reset by Formever’s administration. In the event that the Executive Director loses his/her password you must request a change (by email, from the email account on record, regular mail, or overnight courier) and provide notarized documentation (sent via mail or overnight courier) of proof of identity, matching the Executive Director listed on the account. Once the notarized documentation has been received, the password will be reset and the new password will be sent via overnight courier to the Executive Director at the address of record for the account. The password will not be reset until valid documentation has been received.

Security Keys – two-factor security is available by implementing the security key option. You may order as many keys as you need from Formever. It is recommended you order extra keys to have on hand as spares. Security keys can be enabled for each director through their Director Form. Once enabled, there is an extra monthly charge per active key (see Pricing Policy for details). If the security key feature is activated for the Executive Director, it is required that the Executive Director activate two keys, and it is strongly recommended that the second key be stored in a secure location. If a Director loses his/her key, the Executive Director can issue a new key and reset the code for their login ID. If the Executive Director loses one key, then he/she can access the account using the second key, and activate a new key to replace the lost one. If the Executive Director loses both keys, then you must request the password be reset and new keys issued (by email, from the email account on record, regular mail, or overnight courier) and provide notarized documentation (sent via mail or overnight courier) of proof of identity, matching the Executive Director listed on the account. Once the notarized documentation has been received, the password will be reset, and the new password and two fresh security keys will be sent via overnight courier to the Executive Director at the address of record. The password will not be rest until valid documentation has been received.

All costs for any password resets, including, but not limited to, shipping, handling, administration fees and new keys, will be charged to the credit card on file for the account.

8. Updates

Formever may, at its sole discretion, provide patches, updates, and modifications to the Software that must be installed in order for the Software to work properly. Formever may update the Software remotely without the knowledge of the user, and you hereby grant to Formever your consent to deploy and apply such patches, updates, and modifications on any computer on which you have installed the Software.

9. License Grants

Formever grants the Customer a nonexclusive, nontransferable worldwide right to use the Cloud Services solely for the Customer’s own internal business purposes subject to the terms of this Agreement. Subject to the terms of this Agreement, the Customer grants to Formever the nonexclusive, worldwide, right to use, copy, store, transmit and display the Customer Information only to the extent necessary to provide the Cloud Services as requested by the Customer. With the exception of the Software, the Customer will not license, sublicense, sell, resell, transfer, assign, distribute or otherwise make available to any third party the Cloud Services or commercially exploit the Cloud Services or the Content in any way. Formever will not use the Customer Information for any purpose other than to provide the Cloud Services to the Customer or as specified in the Privacy Policy. All rights not expressly granted to the Customer are reserved by Formever.

10. Restrictions

The Customer is permitted to store, manipulate, analyze, reformat, print, and display the Content only for its internal business use. Unauthorized use, resale or commercial exploitation of the Cloud Services and/or the Content in any way is expressly prohibited. The Customer agrees not to reverse engineer or access the Cloud Services in order to (i) build a competitive product or Services; (ii) build a product using similar ideas, features, functions or graphics of the Cloud Services; or (iii) copy any ideas, features, functions or graphics of the Cloud Services. The Customer will not copy, license, sell, transfer, make available, distribute, or assign this license or the Content to any third-party. Executive Director and Director licenses may not be shared or used by more than one individual Director, but may be reassigned from time to time to new Directors who are replacing former Directors who have terminated employment with the Customer or otherwise changed job status or function and no longer require access to the Cloud Services.

11. Customer Responsibilities

The Customer is responsible for any and all activities that occur under the Customer’s Director accounts and will abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with use of the Cloud Services, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data. The Customer will notify Formever immediately of any unauthorized use of any password or account or any other known or suspected breach of security.

12. Account Information

All information submitted by the Customer to the Cloud Services, whether posted by the Customer or by third parties, will remain the sole property of the Customer or such third parties, as applicable, unless specifically notified in advance. The Customer, not Formever, will have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Customer Information, and Formever will not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Information. Formever reserves the right to withhold, remove and/or discard Customer Information without notice for any breach, including, without limitation, the Customer’s non-payment. Upon termination for cause, the Customer’s right to access or use Customer Information immediately ceases and Formever will have no obligation to maintain or forward any Customer Information.

13. Term and Renewal

This Agreement commences on the date the Customer registers for the Cloud Services. The Initial Term of this Agreement will be one month. This Agreement will automatically renew for one month/ upon the expiration of the Initial Term or any renewal term.

14. Termination of Account or Reduction in Number of Licenses

Either party may terminate this Agreement by notifying the other party via email or in writing, effective upon receipt. The Customer may reduce the number of licenses by having the Executive Director de-activate the specific Director forms in the Director Form folder, and authorizing the deactivation with the Executive Director’s password, at least thirty (30) business days prior to the date of the invoice for the following month.

After Customer terminates this Agreement (other than by reason of the Customer’s breach), Customer’s account will be frozen to allow Customer to access and download Customer Information stored in Customer’s hosted Formever database for up to 60 days, though no changes to the account data will be permitted. The Customer agrees and acknowledges that Formever has no obligation to retain Customer Information longer than 60 days after termination of the Agreement and may delete such Customer Information more than 60 days after termination of the Agreement. The Customer also agrees and acknowledges that databases in excess of 50,000 forms may not be compatible with the free version of Formever.

15. Termination for Cause

Any breach of the Customer’s payment obligations or unauthorized use of the Cloud Services will be deemed a material breach of this Agreement. Formever, in its sole discretion, may suspend or terminate the Customer’s use of the Cloud Services if the Customer breaches or otherwise fails to comply with the terms of this Agreement. The Customer agrees and acknowledges that Formever has no obligation to retain Customer Information for any period of time if Customer has materially breached this Agreement, including, but not limited to, failure to pay outstanding fees, and such breach has not been cured within 60 days of notice of such breach.

16. Intellectual Property Rights

Formever will own all right, title and interest in and to the Content and the Cloud Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by the Customer or any other party relating to the Cloud Services. This Agreement is not a sale and does not convey any rights of ownership in or related to the Cloud Services or other intellectual property owned by Formever to the Customer. The Formever name, the Formever logo, and the product names associated with the Cloud Services are trademarks of Formever or third parties, and no right or license is granted to use them.

17. Representation & Warranties

Each party represents and warrants that it has the legal power and authority to enter into this Agreement. Formever represents and warrants that it will provide the Cloud Services in a manner consistent with general industry standards reasonably applicable to the provision of such Services. The Customer represents and warrants that it has not falsely identified itself nor provided any false information to gain access to the Cloud Services and that the billing information submitted to Formever is correct.

18. Mutual Indemnification

The Customer will indemnify and hold Formever, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) a claim alleging that use of the Customer Information infringes the rights of or has caused harm to a third party; (ii) any claim that if true would constitute a violation by the Customer of the representations and warranties; or (iii) a claim arising from the breach by the Customer of this Agreement, provided in any such case that Formever (a) gives written notice of the claim promptly to the Customer (b) gives the Customer sole control of the defense and settlement of the claim (provided that the Customer may not settle or defend any claim unless it unconditionally releases Formever of all liability and such settlement does not affect Formever’s business or Services); (c) provides to the Customer all available information and assistance; and (d) has not compromised or settled such claim.

Formever will indemnify and hold the Customer and its parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) a claim alleging that the Cloud Services directly infringes a copyright, a U.S. patent issued as of the Effective Date, or trademark of a third party; (ii) a claim, which if true, would constitute a violation of Formever’s representations or warranties; or (iii) a claim arising from breach of this Agreement by Formever; provided that the Customer (a) promptly gives written notice of the claim to Formever; (b) gives Formever sole control of the defense and settlement of the claim (provided that Formever may not settle or defend any claim unless it unconditionally releases the Customer of all liability); (c) provides to Formever all available information and assistance; and (d) has not compromised or settled such claim. Formever will have no indemnification obligation, and the Customer will indemnify Formever pursuant to this Agreement for any claims of infringement arising from the combination of the Cloud Services with any of the Customer’s products, Services, hardware or business process(s).

19. Disclaimer of Warranties

Formever and its licensors make no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the Cloud Services or any content. Formever and its licensors do not represent or warrant that (i) the use of the Cloud Services will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (ii) the Cloud Services will meet the customer’s requirements or expectations, (iii) any stored data will be accurate or reliable, (iv) the quality of any products, Services, information, or other material obtained by the customer through the Cloud Services will meet the customer’s requirements or expectations, (v) errors or defects will be corrected, or (vi) the Cloud Services or the server(s) that make the Cloud Services available are free of viruses, spyware, malware, or other harmful components. The Services and all content are provided to the Customer strictly on an “as is” basis; and all conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by law by Formever.

20. Internet Delays

The Services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Formever is not responsible for any delays, delivery failures, or other damage resulting from such limitations, delays, or problems.

21. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FORMEVER WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICES OR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICES. IN NO EVENT WILL FORMEVER’S AGGREGATE LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY OR BILLED TO THE CUSTOMER IN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEEDING THE EVENT GIVING RISE TO SUCH CLAIMS.

22. Additional Rights

Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to the Customer.

23. Local Laws and Export Control

This site provides Services and uses software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies, the export controls of Canada, and the export control regulations of the European Union. The Customer acknowledges and agrees that the site will not be used, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported to Cuba, Iran, Iraq, Libya, North Korea, Syria, and Sudan [Country Group E:1], or any other countries to which the United States, Canada, and/or the European Union maintains an embargo (collectively, “Embargoed Countries”), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders (collectively, “Designated Nationals”). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using this site, the Customer represents and warrants that it is not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. The Customer agrees to comply strictly with all U.S., Canadian, and European Union export laws and assumes sole responsibility for obtaining licenses to export or re-export as may be required.

This site may use encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations, 15 C.F.R. Parts 730-774 and Council Regulation (EC) No. 1334/2000

Formever and its licensors make no representation that the Cloud Services are appropriate or available for use in other locations. If the Customer uses the Cloud Services from outside the United States of America or Canada the Customer is solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries.

24. Conflicts

In the case of a conflict between this Service Agreement and any other terms or agreement posted on the Cloud Services, including the website Terms of Service or the Privacy Policy, this Service Agreement will control.

25. Notice

Formever may give notice by means of a general notice on the Cloud Services, sending an email to the Executive Director’s email address on record, or by written communication sent by nationally recognized overnight delivery Services or registered mail post to the Customer’s address on record. Such notice will be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). The Customer may give notice to Formever at any time by any of the following: website contact form or letter delivered by nationally recognized overnight delivery Services or registered mail to Formever at the following address: 125 – 2906 West Broadway Street, Vancouver, BC, Canada, V6K 2G8. Notices sent to Formever will be deemed given on the date Formever actually receives the notice.

26. Modification of the Agreement

Formever reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Cloud Services at any time and will notify the Customer by: a) sending the Executive Director an email with the updated version of the Agreement at least 30 days prior to the date the updated version shall take effect; and b) posting the updated version of this Agreement on the Cloud Services. The Customer is responsible for regularly reviewing this Agreement. Continued use of the Cloud Services after any such changes shall constitute the Customer’s consent to such changes.

27. Assignment

This Agreement may not be assigned by the Customer without the prior written approval of Formever but may be assigned by Formever to (i) a parent or subsidiary; (ii) an acquirer of assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.

28. Governing Law

Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.

29. Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Cloud Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

30. General Provisions

If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between the Customer and Formever as a result of this Agreement or Customer’s use of the Cloud Services. The failure of Formever to enforce any right or provision in this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by Formever in writing. This Agreement and all the policies, statements, and agreements referenced herein comprises the entire agreement between the Customer and Formever and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.

Questions or Additional Information:

If you have questions regarding this Agreement or wish to obtain additional information, please send an message via the website contact form.

Formever.com

Terms of Use

Website Terms of Service

1. Acceptance of Terms

2. Children

3. Registration

4. User Conduct

5. Privacy Policy

6. Account Password and Security

7. Indemnity

8. Modifications to the Services

9. Termination

10. Interactions with Other Users

11. Links

12. Our Proprietary Rights

13. Disclaimer of Warranties

14. Limitation on Liability

15. Exclusions and Limitations

16. No Third Party Beneficiaries

17. Notice

18. Trademark Information

19. Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement

20. Governing Law

21. Entire Agreement

22. Waiver and Severability of Terms

23. Conflicts

24. Statute of Limitations

25. Section Titles

26. Violations

GNU General Public License

Terms and conditions

0. Definitions.

1. Source Code.

2. Basic Permissions.

3. Protecting Users’ Legal Rights From Anti-Circumvention Law.

4. Conveying Verbatim Copies.

5. Conveying Modified Source Versions.

6. Conveying Non-Source Forms.

7. Additional Terms.

8. Termination.

9. Acceptance Not Required for Having Copies.

10. Automatic Licensing of Downstream Recipients.

11. Patents.

12. No Surrender of Others’ Freedom.

13. Use with the GNU Affero General Public License.

14. Revised Versions of this License.

15. Disclaimer of Warranty.

16. Limitation of Liability.

17. Interpretation of Sections 15 and 16.

Cloud Services Agreement

Welcome

1. Definitions

2. Charges and Payment of Fees

3. Billing

4. Refund Policy

5. Disputed Bills

6. Non-Payment & Suspension

7. Privacy & Security

8. Updates

9. License Grants

10. Restrictions

11. Customer Responsibilities

12. Account Information

13. Term and Renewal

14. Termination of Account or Reduction in Number of Licenses

15. Termination for Cause

16. Intellectual Property Rights

17. Representation & Warranties

18. Mutual Indemnification

19. Disclaimer of Warranties

20. Internet Delays

21. Limitation of Liability

22. Additional Rights

23. Local Laws and Export Control

24. Conflicts

25. Notice

26. Modification of the Agreement

27. Assignment

28. Governing Law

29. Statute of Limitations