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    Terms of Use

    This website (“Site”) and platform (“Platform”) is operated by Forgeahead Solutions, Inc. It is available at: www.forgeahead.io/trackforms and may be available through other addresses, subdomains or channels.

    Terms of Use

    Please read these Terms of Use (“User Terms”) carefully, as they contain information about your legal rights, remedies, and obligations. By accessing or using the TrackForms Site or Platform (the “Services”), these User Terms apply to you.

    These User Terms are a legally binding contract between you and us. If you access or use the Services, or continue accessing or using the Services after being notified of a change to the User Terms or the Privacy Policy, you confirm that you have read, understand, and agree to be bound by the User Terms and the Privacy Policy. “We”, “our”, and “us” refers to Forgeahead Solutions, Inc. owned App namely TrackForms (“TrackForms”), “You”, and “yours” refers to “Authorized User”.

    Your use of or participation in certain Services may also be subject to additional policies, rules and/or conditions (“Additional Terms”), which are incorporated herein by reference, and you understand and agree that by using or participating in any such Services, you agree to also comply with these Additional Terms. 

    Please read these Terms carefully. They cover important information about Services provided to you and any charges, taxes, and fees we bill you. These Terms include information about future changes to these Terms, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court.  PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER. 

    ARBITRATION NOTICE AND CLASS ACTION WAIVER 

    EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS WIDE ARBITRATION. 

    About TrackForms

    TrackForms is a platform that allows an individual Authorized User to fill out certain forms for themselves or their family members that are required by organizations such as scouting groups, schools, or community programs.  With TrackForms, users can: 

    This application is especially helpful for students and parents, allowing them to complete student information forms digitally. It helps reduce paperwork, stay organized, remain compliant, and be prepared. 

    Authorized User

    Adult individuals, parents or legal guardians who have the legal right to provide the required information while filling out the form(s) in TrackForms are known as Authorized User for the purpose of this document.

    As an Authorized User, you may be required to sign up for an account, select a password and username and provide us with certain initial basic information or data, such as your name, age or date of birth, gender, contact information etc.  You promise to provide us with accurate, complete, and updated registration information about yourself.

    You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf).  

    You will only use the Services for your own internal, personal, non-commercial use and only in a manner that complies with all laws that apply to you.  If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.

    Disclaimer

    ALL SERVICES ARE PROVIDED “AS IS” AND TRACKFORMS HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE UNDER THIS AGREEMENT, AND TRACKFORMS SPECIFICALLY DISCLAIMS ALL IMPLIED CONDITIONS AND WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, TRACKFORMS MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET AUTHORIZED USER’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES EXCEPT IF AND TO THE EXTENT EXPRESSLY SET FORTH IN THE SPECIFICATIONS, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE OR ERROR FREE. ALL THIRD PARTY MATERIALS ARE PROVIDED “AS IS” AND ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY THIRD PARTY MATERIALS IS STRICTLY BETWEEN AUTHORIZED USER AND THE THIRD-PARTY OWNER OR DISTRIBUTOR OF THE THIRD PARTY MATERIALS.

    The Services may contain links or connections to third party websites or services that are not owned or controlled by TrackForms. When you access third party websites or use third party services, you accept that there are risks in doing so, and that TrackForms is not responsible for such risks.  

    TrackForms has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, TrackForms will not and cannot monitor, verify, censor or edit the content of any third-party site or service. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service. 

    Limitation of Liability

    You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Services will remain with you. IN NO EVENT WILL YOU OR WE HAVE ANY LIABILITY TO THE OTHER FOR ANY LOSSES OR DAMAGES IN CONNECTION WITH THESE USER TERMS, WHETHER DIRECT OR INDIRECT, PUNITIVE, EXEMPLARY, IMMEDIATE OR CONSEQUENTIAL, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

    Indemnity 

    You agree to indemnify and hold the TrackForms harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).  

    Terminating these terms

    These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

    Survival

    The sections titled “Disclaimer”, “Limitation of Liability”, and “Survival”, and all of the provisions under the general heading “General Provisions” will survive any termination or expiration of the User Terms.

    Terms of Use Revisions

    We may, at any time and at our discretion, vary these Terms by publishing revised terms on the TrackForms Site. Materials and information on the TrackForms Site and Platform are subject to change without notice. We make every effort to ensure up-to-date information, however, we are not liable if any content is inaccurate or out-of-date.

    General Provisions

    Content you upload

    You may be permitted to upload information that may contain Personally Identifiable Information, medical information and other content (“User Content”) on our Site.

    You agree that you are solely responsible for all User Content that you upload and make available on or through our Site. You represent and warrant that:

    We do not endorse or approve, and are not responsible for any User Content. We may, at any time (at our sole discretion), remove any User Content.

    Ownership of Data and Copyright

    You acknowledge and agree that we own all Aggregated Information, and that we may use it for any purpose including, but not limited to, publication of and creation of derivative works from the Aggregated Information. However, under no circumstances will our use reveal to a third party your identity or any confidential information.

    You hereby grant TrackForms the full right to use data and information collected (i) to provide Authorized User the Services; and (ii) generate and use Aggregated Information (as defined below).

    “Aggregated Information” means all information derived from your use of Services, including without limitation, analytic data sets and analysis and other content and which is sufficiently different from User Content and cannot be reverse engineered or otherwise identified from the inspection, analysis or further handling of such derived information, data or content. Aggregated data (i) is not identifiable to any person or entity (including the Authorized User), (ii) does not contain any of the Authorized User’s confidential information or intellectual property, and (iii) is combined with similar data of the TrackForms’s other Autorized User’s Content. Aggregated data is primarily used in the creation and modification of taxonomies.

    TrackForms does not claim any interest in the User Content, but TrackForms will own all Aggregated Information and will retain the right to create, use, store, disclose, sell and publish such Aggregate Information, including but not limited to publication of, and creation of derivative works from, the Aggregated Information, provided that such usage will not reveal to a third party any Confidential Information or the identity of the Authorized User.

    Restrictions on Use

    You acknowledge and agree that you have been granted access to the Services, and you will use the Services only for the purposes for which you were granted access. You agree that you will not create any derivative works from the Services; reverse engineer, decompile, disassemble or otherwise attempt to discover the underlying source code of the Services; share your access or credentials with any other person; publish or disclose to third parties any evaluation of the Services without our prior written consent; access the Services in order to build a competing product; copy any features of the Services; or wilfully tamper with the security of the Services or other Authorized Users’ accounts.

    Competitors are excluded from using our Site

    You are prohibited from using our Site, including our Content, in any way that competes with our business.

    What happens if we discontinue our Site

    We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

    Data Retention

    All User Content will remain available until the subscription to TrackForms remains active and shall be purged upon completion of 90 days from the date of termination of active subscription.

    Other Notices

    Except as otherwise expressly set forth in this Agreement, all notices, requests, consents, claims, demands, waivers and other communications under this Agreement shall be in writing and shall be deemed to have been given (a) when delivered by hand (with written confirmation of receipt); (b) when received by the addressee if sent by a nationally recognized overnight courier (receipt requested); (c) on the date sent by facsimile or e-mail (with confirmation of transmission) if sent during normal business hours of the recipient, and on the next Business Day if sent after normal business hours of the recipient; or (d) on the third day after the date mailed, by certified or registered mail, return receipt requested, postage prepaid.

    Privacy Policy

    As part of these User Terms, you agree to comply with the most recent version of our Privacy Policy which is incorporated by reference into these User Terms. Please review our Privacy Policy (https://www.forgeahead.io/trackforms/privacy-policy) for more information on how we collect and use data relating to the use and performance of our Services.

    Modifications

    From time to time, we may change these User Terms. If we make a material change to the User Terms, you will see the new User Terms pop up the next time you use the Services. You can review the most current version of the User Terms and any other related documents, including the Privacy Policy (https://www.forgeahead.io/trackforms/privacy-policy), at any time by visiting our Site (https://www.forgeahead.io/trackforms). Any material revisions to these User Terms will become effective on the date set forth in our notice, and all other changes will become effective on the date we publish the change. If you use the Services after the effective date of any changes, that use will constitute your acceptance of the revised terms and conditions.

    Waiver

    No failure or delay by you or us in exercising any right under the User Terms will constitute a waiver of that right. No waiver under the User Terms will be effective unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver.

    Severability

    The User Terms will be enforced to the fullest extent permitted under applicable law. If any provision of the User Terms is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the User Terms will remain in effect.

    Assignment

    You may not assign any of your rights or delegate your obligations under these User Terms, whether by operation of law or otherwise, without the prior written consent of us (not to be unreasonably withheld). We may assign these User Terms in their entirety (including all terms and conditions incorporated herein by reference), without your consent, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.

    Governing Law and Jurisdiction

    The User Terms and any disputes arising out of or related hereto are governed by and will be construed in accordance with the laws of state of California, USA. Any claim arising out of, or related to this Agreement or the rights granted hereunder will be instituted exclusively in the courts at Santa Clara county, CA USA, and each Party irrevocably submits to the jurisdiction of such courts in any such claim. In any action or proceeding to enforce rights under the User Terms, the prevailing party will be entitled to recover its reasonable costs and attorney’s fees.

    Entire Agreement

    The User Terms, including any terms incorporated by reference into the User Terms, constitute the entire agreement between you and us and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. To the extent of any conflict or inconsistency between the provisions in these User Terms and any pages referenced in these User Terms, the terms of these User Terms will first prevail; provided, however, that if there is a conflict or inconsistency between the Contract and the User Terms, the terms of the Contract will first prevail, followed by the provisions in these User Terms, and then followed by any pages referenced in these User Terms (e.g., the Privacy Policy). You will be responsible for notifying Authorized Users of those conflicts or inconsistencies and until such time the terms set forth herein will be binding.

    Contacting TrackForms

    Please feel free to contact us if you have any questions about these User Terms. You may contact us at info@trackforms.org or by mail at:

    Forgeahead Solutions, Inc. (TrackForms)

    800 West El Camino Real, Ste 180

    Mountain View, CA 94040