Forward Future - Terms of Service

Last Updated: January 19, 2023

I. Introduction

A. This Website (the “Website”) is owned, managed, and operated by Forward Future (“Forward Future,” “we,” “our,” or “us”). Your use of the Website, including all the content and features contained herein, shall be, at all times, subject to these Website Terms of Use and the Website Privacy Policy (collectively, the “Terms of Use”). References to the Website shall include all content and pages that are within each section of the Website or associated with the Website. These Terms of Use shall apply to all such content and pages. We respect your privacy and the confidential nature of some of the information that may be provided by you or otherwise obtained by us in connection with your use of the Website. You can view the Website Privacy Policy here. By using the Website, you agree to the Website Privacy Policy and any modifications thereto. By using the Website, you are agreeing that: (i) you have read these Terms of Use and (ii) you understand, accept, and agree to be bound by these Terms of Use. These Terms of Use may be amended or updated from time to time by us at any time. It is your sole responsibility to read and check these Terms of Use prior to your use of the Website. We may terminate your access to the Website at any time, including upon your violation of these Terms of Use. B. These Terms of Use shall also apply to the use of any mobile applications or web applications provided for or by us, including the FoodNex mobile app (“Mobile Apps”). Any reference to the Website in these Terms of Use shall also be deemed to include the Mobile Apps, regardless of whether expressly stated. To the extent any of these Terms of Use conflict with any applicable end-user agreement applying to any Mobile Apps, except as expressly provided in any applicable end-user agreement, these Terms of Use shall apply.

II. Authorized Users; Permitted Use; Maintenance and Access

A. The Website is intended only for access and use by authorized users who agree to the Terms of Use. Further, the Website contains certain features and options that may present an opportunity for you to provide to us, or for us otherwise to obtain from you, confidential and non-public information, or other content. In addition, use of certain portions of the Website may require you to create an account and obtain secure login credentials, including user name and password. You are solely responsible for ensuring that any user names and passwords created or issued in connection with the Website are known and used only by you. You will notify us promptly if you have reason to believe that your password or username has been lost, stolen, or compromised. Upon receipt of such notice, we may suspend your access to the Website until the issue is resolved. B. Unless otherwise expressly noted, all information and materials, including, without limitation, images, illustrations, designs, icons, photographs, video clips, and written and other materials and content, that are part of the Website are copyrights, trademarks, service marks, trade names, trade dress and/or other intellectual property owned, controlled or licensed by Forward Future, its affiliates, or third parties. No materials from the Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way; provided, however, that you may download, where specifically permitted, one copy of the materials on any single computer for your personal, non-commercial use only, provided you keep intact and properly display all copyright and other proprietary rights notices. Nothing in this Website shall be deemed to convey upon you any right, title, or interest in any intellectual property except for the right to view and/or use the same pursuant to these Terms of Use.
C. This Website may contain information, content, and/or hyperlinks provided by or related to third parties. We do not necessarily sponsor or endorse any such third party content or linked websites and your use of the same shall be governed by terms of use and/or privacy policies maintained by and applicable to those third parties. We shall not be responsible for any technical malfunctions or failures, interruptions, deletions, or defects of any telecommunication system or network, online system, data, computer equipment, servers, providers, or software that result in the loss of your information or Content (as defined below). D. We reserve the right to perform routine system updates and maintenance on the Website and any Mobile Apps at any time, with or without notice to you. We reserve the right to terminate, suspend, or modify your access to the Website or any Mobile Apps at any time, in whole or in part, in our sole discretion.

III. Prohibited Uses of the Website

A. This Website is intended to provide you with certain information and content pertaining to our business, Mobile Apps, and/or related materials. You may not use the Website for any commercial purposes except as expressly permitted by us. In addition, you agree not to use the Website in any way that violates any applicable federal, state, local, or international law or regulation. You further agree not to attempt to gain unauthorized access to, interfere with, damage, disrupt, or otherwise compromise in any way any parts of the Website, any Mobile Apps, or any server, computer, user, or database related to or connected with the Website or any Mobile Apps. B. You shall not distribute, modify, transmit, reuse, repost, or use the content of this Website, including, without limitation, any text, images, audio and video, for public or commercial purposes without our express written permission. Modification or use of the information or materials for any other non-authorized purposes may violate the copyright, trademark and other intellectual property rights of Forward Future. We do not grant any license or right to use any registered or unregistered trademarks or service marks displayed on this Website.
C. You shall not: (a) “flood,” “spam,” “mailbomb” or overload any of the Website or otherwise take any action that may result in damage, impairment or overload of any of the Website’s infrastructure; (b) use any device, software or routine to attempt to interfere with any of the Website’s functionality or appearance; (c) data mine, data scrape or otherwise attempt to use any software, device, tool or technique (including without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search any of the Website to harvest, extract or collect information from the Website; (d) attempt to decompile, disassemble or reverse-engineer any of the Website’s source code or software; (e) impersonate any person or entity other than yourself or create a user account for anyone other than yourself; (f) create another user account without permission if we have suspended or terminated your user account; (g) use the Website to violate anyone’s rights or applicable laws or regulations or do anything malicious, misleading, defamatory, libelous, abusive, fraudulent, deceptive or discriminatory; (h) assist or encourage violations of these Terms of Use or applicable laws or regulations; (i) use any hidden text or metatags using any of our trademarks, service marks or names without our prior written consent or (j) violate or attempt to violate the security of any of the Website (including without limitation, accessing user accounts, servers or data without authorization, probing or testing the vulnerability of any of the Website’s authentication measures, security or system infrastructure without proper authorization, or otherwise interfere with service to any user, host or network).

IV. Shared Information and Content

A. The Website may allow you to upload, submit, or transmit postings, messages, text, files, images, graphics, photos, audio clips, sounds, video, or other materials, including such materials that may contain personal information (collectively, the “Content”). By uploading, submitting, or transmitting such Content to or through the Website at any time, you agree that you shall be at all times solely responsible for all Content that you post, email, or otherwise make available through the Website, including all information provided to us. By uploading or otherwise posting any Content on the Website, you expressly represent, warrant, and covenant that: (i) you own or otherwise have all necessary rights or permission, including but not limited to copyrights, to the Content you provide and the rights to use it as provided in these Terms of Use; (ii) all information you provide is true, accurate, current, and complete, and does not violate these Terms of Use; and (iii) the Content will not cause injury to any person or entity.
B. You further agree not to upload, submit, transmit, distribute, or otherwise publish in or on the Website, including any Mobile App, any Content that is illegal or otherwise harmful, including, without limitation, Content that: (i) is libelous, defamatory, obscene, abusive, threatening; (ii) represents a personal attack against or an invasion of the privacy of any individual; (iii) infringes the intellectual property rights, including, but not limited to, copyrights and trademarks, of any person or entity; and/or (iv) advertises any goods or services or solicits any funds. We may, at any time, refuse or remove any Content without notice to you. However, we shall have no obligation to monitor Content, and you agree that we will not be liable for any loss or damage arising out of or relating to any Content or the uploading, submission, transmission, or distribution of such Content to or through the Website. C. By uploading, submitting, or otherwise providing any Content, you grant to us a non-exclusive, worldwide, royalty-free, fully sublicensable license to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works of all Content, including your name, voice, and likeness in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights you may have in your Content. The foregoing shall not, however, include any personal information (such as personal financial information).

V. Indemnity

By accessing and using the Website, you expressly agree to indemnify, release and hold us harmless, as well as our subsidiaries, affiliates, employees, and agents, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing (collectively, the “Indemnified Parties”), from and against any claim, demand, liability, dispute, damage, cost, expense, or loss (including reasonable attorneys’ fees and costs of litigation) arising out of or in any way related to your violation of these Terms of Use, your access or use of the Website or any Mobile App, your submission or transmission of any Content to or through the Website or any Mobile App, your or our access or use of any Content, or your violation of any rights of another (including publicity rights or rights to privacy).

VI. Intellectual Property Rights

The Website and all content (including trademarks, trade dress, graphics, design, and images), functionality, and features are protected under United States and international copyright law, trademark law, patent law, and other intellectual property laws. All trademarks, names, logos, slogans, and the like are our proprietary trademarks and/or their respective owners. No trademarks, content, graphics, or designs appearing in or provided through the Website may be used in any way without express written from the respective owner(s). No reproduction of any part of the Website may be made or used except as expressly permitted herein. No other license or right is granted. You may not remove or alter any copyright or other legal notice from copies of materials from the Website. All rights are expressly reserved.

VII. Notices of Copyright Infringement

We will respond to notices of alleged copyright infringement that comply with applicable law and this section of these Terms of Use. In accordance with the U.S. Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), if you believe any content accessible on the Website infringes your copyright, you may request removal of that content from the Website by submitting written notice, with your physical or electronic signature, to our Copyright Agent designated below that includes the following information (the “DMCA Notice”): • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works; • Identification of the content you believe to be infringing in a sufficiently precise manner to allow us to locate that content; • Information by which we can contact you (including your name, postal address, telephone number and e-mail address); • A statement that you have a good faith belief that the use of the content is not authorized by the copyright owner, its agent or the law (e.g., is not a “fair use”); • A statement that the information in the written notice is accurate; and • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. DMCA Notices may be sent to us at 4435 Mill Creek Road, Dallas, TX 75244. If you knowingly materially misrepresent that any content on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

VIII. Disclaimers

A. WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THIS DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE, MOBILE APPS,OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, MOBILE APPS, OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE MOBILE APPS, WEBSITE, OR ON ANY WEBSITE LINKED TO THEM. B. YOUR USE OF THE WEBSITE, MOBILE APPS, ANY CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR MOBILE APPS IS AT YOUR OWN RISK. THE WEBSITE, MOBILE APPS, THEIR CONTENT, INFORMATION, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR MOBILE APPS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE MAKE NO WARRANTY OR REPRESENTATION OF ANY KIND WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR MOBILE APPS. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENT OR WARRANT THAT THE WEBSITE, MOBILE APPS, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR MOBILE APPS WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE, MOBILE APPS, OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE, MOBILE APPS, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR MOBILE APPS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. C. IN NO EVENT WILL WE OR OUR AFFILIATES, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE MOBILE APPS, WEBSITE, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE WEBSITE, MOBILE APPS, OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, MOBILE APPS, OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THIS DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

IX. Entire Agreement and Severability

If any provision of these Terms of Use is deemed void, unlawful, or otherwise unenforceable for any reason, that provision shall be severed from these Terms of Use and the remaining provisions of these Terms of Use shall remain in force. If we waive enforcement of any provision in these Terms of Use, we are not obligated to continue to waive it. These Terms of Use and the Website Privacy Policy contain the entire agreement between us concerning your use of the Website.

X. Jurisdiction

This agreement shall be governed by and construed in accordance with the laws of the State of Texas, as it is applied to agreements entered into and performed within that State. Any action brought to enforce these Terms of Use or with respect to any other matter related to the Website shall be brought only in the federal or state courts located in the State of Texas.