Acceptance of These Terms of Use
These Terms of Use apply to all users of the Website and Services who indicate acceptance. These terms expand on the Company Terms of Use, which remain binding on all users and are incorporated herein by reference.
Your access to and use of the Website and Services beyond the point at which you are prompted with these Terms is conditioned upon your acceptance of and compliance with these terms.
BY ACCESSING OR USING THE WEBSITE OR SERVICES, YOU AGREE (ON BEHALF OF YOURSELF AND ANY INDIVIDUAL OR ENTITY YOU REPRESENT) TO BE BOUND BY THESE TERMS. IF YOU DISAGREE WITH ANY PART OF THESE TERMS, YOU MUST IMMEDIATELY CEASE USING THE WEBSITE OR SERVICES.
Scope of Engagement
Subject to and conditioned on your compliance with this Agreement, we grant you a non-exclusive, non-transferable right to access and use the Services as described in the materials made available to you, including potential access to one or more virtual data rooms governed by these Terms.
The Services may include provision of your information to certain third parties, including but not limited to borrowers or lenders who have access to the Services (Counterparties). You authorize us to share such information with Counterparties consistent with our Privacy Policy, which is incorporated by reference.
Acknowledgements
In addition to the acknowledgements in the general Terms of Use, you acknowledge that Flowbot Forge does not make loans or credit decisions, issue commitments, act as your agent, or provide financial or investment advice.
If and when your information is provided to Counterparties, you may be asked to upgrade your account or complete a formal application directly with them. You may also be required to pay additional fees or costs directly to a Counterparty.
Flowbot Forge and its website and digital products are a technology and data platform. Flowbot Forge does not offer, negotiate, broker, or sell securities and is not a registered broker-dealer or investment adviser.
Authorized Users
Access to the Services is limited to your employees, consultants, contractors, or agents authorized under these Terms (Authorized Users).
You agree to maintain confidentiality of login credentials and promptly notify us of any unauthorized access.
You are responsible for all acts and omissions of Authorized Users, and any act or omission by an Authorized User that would constitute a breach of this Agreement if taken by you will be deemed a breach by you.
User Contributions & Commitments
By submitting information (User Contributions) through the Website, you represent and warrant that you own or control all rights to the information, the information is accurate and truthful, you are submitting it for the stated purposes, and all User Contributions comply with these Terms.
You are solely responsible for the accuracy of any User Contribution. We are not responsible for, and do not independently verify, the accuracy of User Contributions. Information from User Contributions may be disclosed to and relied upon by Counterparties.
By submitting any User Contribution, you grant the Company a non-exclusive, royalty-free, worldwide license to use the information contained therein and any such information incorporated within aggregated statistics.
You agree to receive notices about the Services electronically, to maintain systems that meet technical requirements for receipt, and to retain copies of notices and information made available electronically.
You agree not to circumvent or attempt to circumvent, including by assisting others, relationships between the Company and any Counterparty or between you and the Company to avoid fees, commissions, remunerations, or other consideration.
If contacted about a proposed transaction with any Counterparty, you agree to truthfully inform the Company of the status and substance of that transaction.
Fees and Payment
You agree to pay all fees communicated to you by the Company and electronically acknowledged by you, including fees imposed due to renewal or auto-renewal of subscriptions where applicable.
When you use fee-based Services, you may be required to provide payment information. You authorize the Company to charge your payment method for Services you elect to purchase and agree to pay such fees under the applicable communicated terms.
Unless expressly stated otherwise, all fees paid to the Company are non-refundable and must be paid in U.S. dollars.
Certain Counterparties may pay the Company separate fees for certain transactions. Such fees are separate from any fees you owe.
Termination
In addition to monitoring and enforcement rights in the general Terms of Use, the Company may restrict access to your account at any time and for any reason.
If the Company restricts access for a reason other than suspected violation of the Terms, then where applicable the Company will refund the prorated portion of fees for the unused remainder of the applicable period.
Upon termination of your right to access the Services, you shall immediately discontinue use. Following termination, the Company may delete or retain User Contributions or other information consistent with the Privacy Policy.
Confidentiality
We will treat your non-public information as confidential (Confidential Information) and use it only for providing Services, exploring business relationships, or facilitating introductions to Counterparties. We may use anonymized or aggregated information to improve our business.
If we disclose Counterparty confidential information to you, you must safeguard it and use it only to explore legitimate transactions.
Any non-public information disclosed to you about Flowbot Forge Inc. (Company Information) must be kept confidential and used only for permitted purposes.
You agree not to disclose Company Information without prior written consent, except to personnel and advisors with a need to know who are bound by substantially similar confidentiality obligations.
You agree to promptly notify the Company of any known loss or disclosure of Company Information. If legally compelled to disclose Company Information, you agree to provide prompt written notice and reasonable assistance so the Company may seek protective relief.
You agree to use particular caution when accessing Services, especially on public or shared devices, to prevent unauthorized viewing or recording of Company Information.
Equitable Relief
You acknowledge that breach of confidentiality may cause irreparable harm to the Company or Counterparties and that monetary damages may be inadequate. Accordingly, the Company may seek equitable relief.
Disclaimers & Limitation of Liability
The Company does not endorse or recommend any Counterparty and is not responsible for the actions, terms, conduct, information quality, or communications of any Counterparty.
We do not act as your agent or as an agent of any Counterparty, do not guarantee funding or transaction completion, and do not make representations regarding whether any terms offered are favorable.
Any Services facilitating interactions with Counterparties are provided on an as-is basis. You are solely responsible for legal review, due diligence, and decisions regarding terms offered by Counterparties.
To the extent you are required by any Counterparty to pay fees or costs directly to that Counterparty, we are not responsible for those costs.
Certain Counterparties may pay fees to the Company in connection with transactions. You agree not to request that any Counterparty reduce, remove, or avoid fees or other consideration payable to the Company.
IN ADDITION TO THE GENERAL DISCLAIMER OF WARRANTIES IN THE GENERAL TERMS OF USE, WE DISCLAIM ALL WARRANTIES RELATED TO THE SERVICES AND ANY COUNTERPARTIES. USE OF THE WEBSITE AND SERVICES IS AT YOUR OWN RISK.
TO THE EXTENT ANY DISPUTE ARISES BETWEEN YOU AND A COUNTERPARTY, THAT DISPUTE IS BETWEEN YOU AND THE APPLICABLE COUNTERPARTY, AND YOU RELEASE THE COMPANY FROM LIABILITY OR DAMAGES ASSOCIATED WITH THAT DISPUTE.
IN NO EVENT WILL THE COMPANY BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY (INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; LOST BUSINESS, REVENUE, PROFITS, GOODWILL, OR REPUTATION; DATA LOSS OR SECURITY BREACH IMPACTS; OR COST OF REPLACEMENT GOODS OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY.
IF THE COMPANY IS FOUND LIABLE BY A COURT OR OTHER BODY OF COMPETENT JURISDICTION, THE COMPANY AGGREGATE LIABILITY WILL NOT EXCEED ONE TIMES THE TOTAL AMOUNTS PAID TO THE COMPANY UNDER THESE TERMS IN THE SIX-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Jury Trial Waiver
Each party waives, to the fullest extent permitted by law, any right to a trial by jury in connection with any dispute relating to these Terms.
Indemnification
You agree to indemnify and hold harmless, and at the Company option defend, the Company and its affiliates from and against liabilities, costs, expenses (including reasonable attorneys fees), and other damages arising out of or related to claims resulting from your use of the Services alleging facts that, if true, would constitute your breach of these Terms.
If you assume defense obligations, you may not settle claims against the Company without Company consent. The Company retains the right, at its option, to defend itself or participate in the defense through counsel of its choice.
Changes to These Terms
We may revise and update these Terms from time to time in our sole discretion. Changes are effective immediately when posted or otherwise notified.
Your continued use of the Services after posting or notice of revised Terms means you accept and agree to the changes.
All Other Provisions
All other provisions in the general Terms of Use, including Governing Law and Jurisdiction, Waiver and Severability, and Entire Agreement, apply in full to these Terms.
- Flowbot Forge Inc.
- Empowering businesses to scale with smart automation.
- www.flowbotforge.com