Forward Financial Technology, LLC - Terms of Use
Effective: 2/17/2017
Welcome! This Service is operated by Forward Financial Technology, LLC ("Forward Fintech," "us," "our," or "we"). These Terms of Use ("Terms of Use") set forth the terms and conditions under which you are authorized to use our website at www.forwardfintech.com (including any subdomains or mobile versions, the "Site") or access our web-based financial services application or application programming interface (collectively, our "Web App"). We may refer to our Site and Web App collectively as our "Service".
To the extent additional rules or guidelines affect your use of our Service, those rules and guidelines (including our Privacy Policy) are hereby incorporated by reference into these Terms of Use. By using our Service, you agree to these Terms of Use. If you do not agree to these Terms of Use, you should immediately stop using our Service.
PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND FORWARD FINTECH AND CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, AND INCLUDES VARIOUS LIMITATIONS AND EXCLUSIONS.
You, or a Financial Firm on whose behalf you access our Service, may be required to agree to additional terms and conditions of, or agreements with Forward Fintech ("Additional Agreements") in order to access or use our Service. For example, all Users must agree to our Privacy Policy, and you or a Financial Firm may enter into a services agreement with us. We may refer to capitalized terms that are defined in those Additional Agreements, and if undefined here, these capitalized will have the same meaning as in such Additional Agreement. If there is a conflict between these Terms and any Additional Agreement, the terms of the Additional Agreement will control with respect to your use of or access to the Service.
As a condition of your right to use our Service, you represent that you are of legal age to enter into a binding contract, and that you are not a person barred from accessing a Service or using the Service under the laws of the United States or another country, or by us. Further, you represent and warrant that to the extent you provide an Investor's Personal Data or Portfolio Information to us, that you and/or the Financial Firm have all necessary rights and authorization to share that information with us, and that your sharing of such information does not violation any confidentiality or other obligations between the Investor and you and/or the Financial Firm.
We may link to or make certain third party content and services available on our Site. For example, we may allow you to contact a Financial Firm, visit our partners and service providers, or we may enable third-party single sign-on capability. These services are operated by third parties, not Forward Fintech. Accordingly, your use of any features and other content or services provided by, or links to other services on the Internet that are owned and operated by third parties, is not governed by these Terms of Use.
You acknowledge and agree that we are not responsible for the availability of, or any content located on or through, any third-party service, or any services provided by third parties, including any third party APIs. You further acknowledge that any reliance on representations and warranties provided by any party other than Forward Fintech will be at your own risk. You expressly agree to hold us harmless for any claims of damage arising from any content, product or service provided by any third party.
Finally, our Service relies on information provided by Financial Firms and Users. Forward Fintech does not represent, warrant, or guarantee the accuracy, completeness, or suitability of an Investor's Personal Data made available through the Service. You acknowledge that such information and materials may contain inaccuracies or errors and, as described below, we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
All data, features, information, text, graphics images, music, sounds, photographs, illustrations, logos, messages, audio, information, video, and other information or content that is available through the Service, including any such content licensed from a third party (collectively, "Forward Fintech Content") is the property of Forward Fintech, its customers, or licensors.
All Personal Data and Portfolio Information provided to Forward Fintech through the Service is the Property of the Financial Firm and/or User with whom the Investor will invest. By uploading any Investor's Personal Data or Portfolio Information, you, on behalf of yourself and the applicable Financial Firm, hereby grant us a perpetual, revocable license to collect, use, analyze, and otherwise process such information as set forth in these Terms of Use, our Privacy Policy, and as otherwise necessary to provide the Service.
Subject to your compliance with this Agreement, Forward Fintech grants you a personal, limited, non-exclusive, non-transferable, freely revocable license to access and view all Forward Fintech Content solely for the purposes set forth herein. You have no right to sublicense this license. Except as expressly permitted in writing by Forward Fintech, you shall not, and shall not permit any third party to: (a) alter, modify, reproduce, or create derivative works of any Forward Fintech Content; (b) distribute, sell, resell, lend, loan, lease, license, sublicense or transfer any Forward Fintech Content; or (c) alter, obscure or remove any copyright, trademark or any other notices that are provided on or in connection with any Forward Fintech Content. Except as stated in this section or as provided by any Additional Agreement, you are granted no other licenses or rights in or to any Forward Fintech Content.
All intellectual property rights related to the Service, Forward Fintech Content, and the technology, algorithms, and software underlying the Service or distributed in connection therewith, are the exclusive property of Forward Fintech and its licensors. You acknowledge that you are not receiving any ownership interest in or to any of the foregoing, and no right or license is granted to you to use them apart from the rights of access to the Service granted under these Terms of Use. You are prohibited from copying, distributing, republishing, displaying, posting, transmitting, decoding, or reverse engineering any content or code from the Service.
All trademarks, service marks, logos, trade names, and any other proprietary designations of Forward Fintech used on the Service are trademarks or registered trademarks of Forward Fintech. All goodwill generated from the use of Forward Fintech trademarks will inure to the exclusive benefit of Forward Fintech. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of the parties who own them. Forward Fintech reserves all rights not expressly granted herein.
Users of the Service are granted a license to access Personal Data and Portfolio Information available through the Service only for purposes expressly authorized by the Investor, Financial Firm, these Terms of Use, or any Additional Agreement. Specifically, you are prohibited from using any Personal Data and Portfolio Information for personal purposes, or for any unauthorized commercial purposes. If you receive or process any Anonymized Information (as defined in our Privacy Policy), you agree that you will not deanonymize such information or otherwise attempt to determine the identity of any person to whom such information relates.
Certain Users may be subject to additional restrictions regarding their use of the Service. For example, we may allow individuals (such as sales teams) to access our Service as part of a "demo" or sales account. When Users access the Service through an account created for purposes of selling the Service, to demonstrate the Service's functionality, or otherwise for purposes other than to provide an Investor's information to the Investor's Financial Firm, such Users shall not access, modify, or display any Investor's Personal Data or Portfolio Information through the Service.
We reserve the right to modify or discontinue all or any portion of our Service, or any features thereof, with or without notice to you. Except as set forth in an Additional Agreement, we will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our Service, or that operation of our Service will be uninterrupted or error free. You understand that usage of our Service may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Forward Fintech uses reasonable security measures to maintain the security of our Service. The security of the data collected through our Service, including all Personal Data and Portfolio Information, also depends in part upon you. For example, Forward Fintech cannot control to whom you give your password and cannot be responsible for activities that occur because you provided your username and password to another party. In addition, Forward Fintech is not responsible for any third party's use of our Service and whether that third party's use or your use of our Service is in compliance with laws, rules and regulations applicable to that third party and you.
All communications, feedback, questions, comments, suggestions, proposed features, and the like (collectively "Feedback") will be considered non-confidential and non-proprietary with regard to you, but we reserve the right to treat any such Feedback as the confidential information of Forward Fintech. By submitting Feedback to us, you assign to us, free of charge, a perpetual, irrevocable, worldwide license to create derivative works, distribute, reproduce, perform, display, and otherwise use, any intellectual property rights or proprietary information and ideas contained within any such Feedback, including without limitation the right to sublicense or assign any of the foregoing. We will be entitled to use any Feedback you submit to us, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing and marketing products and services using such Feedback without restriction and without notifying or compensating you in any way. Please do not send us any information or materials for which you do not wish to grant us such rights, including, without limitation, any confidential information or any original creative materials such as product ideas, written materials, photographs, original artwork, or computer code. You are responsible for the information and other content contained in any Feedback you submit to us.
You agree not to use the Service to:
Further, without our written consent, you may not:
FORWARD FINTECH, ITS RELATED ENTITIES, ITS SERVICE AND INFORMATION PROVIDERS, ITS LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE "FORWARD FINTECH PARTIES") SHALL HAVE NO LIABILITY, CONTINGENT OR OTHERWISE, FOR THE ACCURACY, COMPLETENESS, TIMELINESS, PRESENTATION, OR AVAILABILITY OF INFORMATION OR FOR ANY DECISION MADE OR ACTION TAKEN, BY YOU OR USERS OF OUR SERVICE, WHETHER DIRECTLY OR INDIRECTLY, IN RELIANCE UPON THE INFORMATION ON OR THROUGH OUR SERVICE, OR FOR INTERRUPTION OF ANY DATA FLOWS, INFORMATION TRANSMISSION, OR ANY OTHER ASPECT OF THIS SERVICE. THE FORWARD FINTECH PARTIES SHALL HAVE NO LIABILITY FOR YOUR OR ANY OTHER PARTY'S INVESTMENT DECISIONS, INCLUDING THE STRUCTURE AND DIVERSIFICATION OF AN INVESTMENT PORTFOLIO. FURTHER, THE FORWARD FINTECH PARTIES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES CONTAINED ON THIS SERVICE OR THROUGH OUR SERVICE. THE FORWARD FINTECH PARTIES CANNOT GUARANTEE AND SHALL HAVE NO LIABILITY FOR THE TIMELINESS, DUPLICATION, OR DELAYS IN RELATION TO OUR PROVISION OF THE SERVICE.
TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS EXPRESSLY PROVIDED IN A WRITTEN AGREEMENT BETWEEN YOU AND FORWARD FINTECH, THE FORWARD FINTECH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, RELATED TO OUR SERVICE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR SERVICE IS AT YOUR OWN RISK. ALL INFORMATION, SERVICES, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND.
FOR THE AVOIDANCE OF DOUBT, UNDER NO CIRCUMSTANCES, WILL ANY OF THE FORWARD FINTECH PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON ANY OF OUR SERVICE OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH ANY OF OUR SERVICE ABSENT AN EXPRESS, WRITTEN AGREEMENT BETWEEN YOU AND FORWARD FINTECH. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS PRINCIPAL OR REVENUE, BUSINESS INTERRUPTION, BUSINESS REPUTATION OR GOODWILL, LOSS OF PROGRAMS OR INFORMATION OR OTHER INTANGIBLE LOSS ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE SERVICE, OR INFORMATION, OR ANY PERMANENT OR TEMPORARY CESSATION OF SUCH SERVICE OR ACCESS TO INFORMATION, OR THE DELETION OR CORRUPTION OF ANY CONTENT OR INFORMATION, OR THE FAILURE TO STORE ANY CONTENT OR INFORMATION. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS—EVEN IF ANY FORWARD FINTECH PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES—AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE FORWARD FINTECH PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
You represent and warrant to Forward Fintech that: (i) you have the full power and authority to enter into and perform your obligations under these Terms of Use; (ii) your assent to and performance of your obligations under these Terms of Use do not constitute a breach of or conflict with any other agreement or arrangement by which you are bound, or any applicable laws, regulations or rules; (iii) these Terms of Use constitute legal, valid and binding obligations on you, enforceable in accordance with their terms and conditions; (iv) you will not infringe the patent, copyright, trademark, trade secret, privacy, right of publicity, or other intellectual property or proprietary right of Forward Fintech or any third party in your use of the Service; and (v) you will comply with all applicable laws, rules, and regulations in your use of the Service, including these Terms of Use.
You agree to indemnify and hold the Forward Fintech Parties harmless from any claim or demand, including reasonable attorney's fees and costs, made by any third party due to or arising out of your use of our Service, or other use of our Service in a manner not permitted by these Terms of Use, including without limitation your actual or alleged violation of these Terms of Use, or infringement of a third party's intellectual property or other rights by you or another user of our Service under your account.
Decisions based on information contained in the Service are the sole responsibility of the user, and as consideration for access to the Service, you agree to indemnify, defend and hold Forward Fintech and its affiliates harmless from and against any claims whatsoever and of any nature for damages arising from any decisions that you makes based on such information.
The interpretation of the rights and obligations of the parties under this Agreement, including, to the extent applicable, any negotiations, arbitrations or other proceedings hereunder, will be governed in all respects exclusively by the laws of the State of Colorado, U.S.A. as such laws apply to contracts between Colorado residents performed entirely within Colorado. Each party agrees that it will only bring any action or proceeding arising from or relating to this Agreement in a federal court in the District of Colorado, U.S.A. or in state court in Denver, Colorado U.S.A., and you irrevocably submit to the personal jurisdiction and venue of any such court in any such action or proceeding or in any action or proceeding brought in such courts by Forward Fintech.
By entering into Terms of Use, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connected with these Terms of Use must be asserted individually.
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Service must be filled within one calendar year after such claim or cause of action arises, or forever be barred. If a claim proceeds in court, we each waive any right to a jury trial.
You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements.
Assignment - These Terms of Use will be binding upon each party hereto and its successors and permitted assigns. These Terms of Use are not assignable or transferable by you without the prior written consent of Forward Fintech. You agree that these Terms of Use and any other agreements referenced herein may be assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition, or otherwise.
Integration - These Terms of Use (including all of the policies described in these Terms of Use, which are incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter.
Waiver - No failure or delay by a party in exercising any right, power or privilege under these Terms of Use will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.
Severability - If any provision of these Terms of Use is determined by a court of law to be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent, and the invalid provision will be modified as necessary to make it valid and enforceable while as closely as possible reflecting the original intentions of Forward Fintech.
Limitation - You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Service or relating to these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
No Relationship - You and Forward Fintech are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms of Use.
Attorney's Fees – To the extent permitted under applicable law, the prevailing party in any proceeding arising from or related to this Agreement will be entitled to receive its costs, expert witness fees, and reasonable attorneys' fees, including costs and fees on appeal.
Force Majeure - Forward Fintech will not be liable for any failure or deficiency in the performance or availability of the Service by reason of the occurrence of any event beyond our reasonable control, including without limitation, a labor disturbance, an Internet outage, interruption of service, communication outage, failure by a service provider to Forward Fintech, fire, terrorism, natural disaster, or war.
We reserve the right, at any time, to modify, alter, or update these Terms of Use without prior notice. You are encouraged to check this page regularly for changes to the Terms of Use. Modifications will become effective immediately upon being posted to the Service, without further notice to you. Your continued use of any of our Service after such modifications are posted constitutes your acknowledgement and acceptance of such modifications, and you may not amend these Terms of Use.
If you have questions about these Terms of Use, please feel free to contact us at: