Acknowledgement of Rights and Responsibilities
The Terms govern the access or use by you (“Client”, “Customer”, “User”, “End User”), an individual, and possessions of applications, websites, content, products, goods and services (which together we refer to as the “Product(s)” or “Service(s)”) made available worldwide and possessions by Horoscope by Foretell inc, the company registered in 1470 Civic Court, Ste 309, Concord CA 94520, United States and its subsidiaries and affiliates (collectively, “ Foretell”, “we”, or “our”). The Foretell Services in some part or in full may be not available in all countries. PLEASE READ THE TERMS CAREFULLY BEFORE ACCESSING OR USING THE FORETELL SERVICES.
Your access and use of the Foretell Services constitutes your agreement to be bound by the Terms, which establishes a contractual relationship (“Agreement”) between you and Foretell. If you do not understand the Terms or do not accept any part of them, then you may not access or use the Foretell Services. The Terms expressly supersede prior agreements or arrangements with you. Foretell may immediately terminate the Terms or refuse any Foretell Services with respect to you, delete accounts, remove or edit content, cancel orders or generally cease offering or deny access to the Foretell Services or any portion thereof, at any time for any reason without prior notice or liability, including without limitation if you breach the Terms. The provisions of the Terms which by their nature should survive termination shall survive, including, without limitation, warranty disclaimers, ownership, indemnity, and limitations of liability.
Supplemental terms may apply to some Foretell Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you. Supplemental terms shall be deemed a part of, the Terms for the purposes of the applicable Foretell Services. Supplemental terms shall prevail over the Terms in the event of a conflict with respect to the applicable Foretell Services.
Foretell reserve the right, at its sole discretion, to amend the Terms from time to time. Amendments will be effective upon Foretell’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Foretell Services. Your continued access or use of the Foretell Services after such posting constitutes your consent to be bound by the Terms, as amended. If You do not agree to the new Terms, please stop using the Foretell Services. When the Terms are changed (other than for typographical corrections or minor changes that do not alter its meaning), we will update the “Date of update” date at the top of the Terms.
A failure to enforce any right or provision of the Terms will not be considered as a waiver of those rights. You may not assign your rights or obligations under the Terms without Foretell prior written consent. Foretell may assign its rights under the Terms without condition. The Terms constitute the entire agreement between you and Foretell regarding the Foretell Services and supersede and replace any prior agreements we might have between with you regarding the Foretell Services.
If You have any questions about the Terms prior to accepting, please contact Foretell at firstname.lastname@example.org.
The Foretell Services
The Foretell Services is a marketplace that brings advice-seekers and independent, professional astrologers, ayurvedic experts and advisors (which together we refer to as the “Advisor(s)”) together through text messages, graphics, images, audio, video, or other types of communications. It allows You to search for, engage and submit questions to Advisors who provide personalized advice and guidance. Foretell is a software company that made the software platform to connect advice-seekers and advisors. Foretell doesn’t directly offer or sell any advice or service.
License and Access to Use the Foretell Services
Subject to your compliance with the Terms and your payment of any applicable fees, Foretell or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Foretell Services. This license does not include any resale or commercial use of any Foretell Services, or its contents; any collection and use of any product listings, descriptions, or prices; any secondary use of any Foretell Services or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights, title and interest in Foretell and the Foretell Services not expressly granted to you herein are reserved by Foretell or its licensors, suppliers, publishers, rightsholders, or other content providers. No Foretell Services, nor any part of any Foretell Services, may be reproduced, modified, duplicated, copied, prepared derivative works based upon, sold, resold, leased, licensed, distributed, transferred, publicly displayed, publicly performed, transmitted, steamed, broadcasted, visited, or otherwise exploited for any commercial purpose without express written consent of Foretell. Select, copy and paste functions may be available for some text-based Foretell Products or Services, and you must use these features only for personal non-commercial purposes. You may not remove any copyright, trademark or other proprietary notices from any portion of the Foretell Services. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Foretell without express written consent. You may not use any meta tags or any other “hidden text” utilizing Foretell’s name or trademarks without the express written consent of Foretell. You may not decompile, reverse engineer or disassemble the Foretell Services except as may be permitted by applicable law. You may not misuse the Foretell Services. You may use the Foretell Services only as permitted by law. The licenses granted by Foretell terminate if you do not comply with the Terms.
Use of Third Party Services and Content
Applicable Apple Inc. Terms
The parties acknowledge that this Agreement is entered into by the End User and Foretell only, and not with Apple Inc.. Foretell, not Apple Inc., is solely responsible for the Foretell Services, subject to the terms and conditions of this Agreement. The parties acknowledge that Apple Inc. has no obligation whatsoever to furnish any maintenance and support services with respect to the Foretell Services. Apple Inc. and its subsidiaries shall be third party beneficiaries of the Terms. If you accept the Terms, Apple Inc. will have the right to enforce the Terms against you as a third party beneficiary thereof. To the extent that any product warranty is being granted to you by the Terms and is not disclaimed if the Foretell Services fail to conform to any applicable warranty, you may notify Apple Inc. and it will refund the purchase price for the Foretell Services to you. To the maximum extent permitted by applicable law, Apple Inc. will have no other warranty obligation whatsoever with respect to the Foretell Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty is solely Foretell’s responsibility.
Your Use of the Foretell Services
In order to use the Foretell Services you must be 18 years of age or older. If you are between 14 and 18 years of age or the age of legal majority in your jurisdiction (if different than 18), you may also use the Foretell Services but only with the permission, involvement and under the supervision of a parent or legal guardian. You may only accept the Terms and use the Foretell Services with the permission of a parent or legal guardian. A parent or legal guardian may not allow persons under the age of 18 or the age of legal majority in your jurisdiction (if different than 18) to receive the Foretell services unless they are accompanied by him or her. You must not access the Foretell Services or accept the Terms if you are a person who is legally prohibited from receiving or using the Service or any Products under the laws of the country in which you are resident or from which you access or use the Foretell Services. If you use any Foretell Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, smartphone, tablet or other devices, and you agree to accept responsibility for all activities that occur under your account or password. Account registration may require you to submit to Foretell certain personal information, such as your name, date and time of birth, place of birth and current residential address, your photo, mobile phone number, as well as valid payment method like credit card, debit card, Paypal, gift / code card or other form of payment (collectively, “Payment method(s)”, “Payment information(s)”). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date account information, including having an invalid or expired payment information, may result in your inability to access and use the Foretell Services or Foretell’s termination of the Terms with you. WE PROHIBIT DISCLOSURE OF PERSONAL CONTACT INFORMATION TO OTHER USERS, INCLUDING CLIENTS AND ADVISORS. THIS INCLUDES, BUT IS NOT LIMITED TO, PHONE NUMBERS, COMPLETE ADDRESSES, AND E-MAIL ADDRESSES. IF YOU PROVIDE CONTACT INFORMATION TO ANOTHER USER, CLIENT OR ADVISOR, YOU DO SO AT YOUR OWN RISK AND YOUR ACCOUNT MAY BE SUBJECT TO TERMINATION. We do not provide the Advisors with your personal information, such as your email address, but may forward your name, date and time of birth, place of birth, gender, photo and other personal information in connection with facilitating the Foretell Services. Advisors are not permitted to request your personal contact information, address, payment information, or other sensitive information of a similar nature. You must not provide any such information even if an Advisor violates the Terms and asks you for it. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account credentials at all times. Unless otherwise permitted by Foretell in writing, you may only possess one Account per a particular Foretell Service. You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. Foretell may at any time place limits on the number of devices and/or software applications you may use to access Foretell Products or Services, at Foretell’s sole discretion. You must adhere to all such limits. Foretell may record and store the unique device identifier numbers of your Devices in order to enforce such limits. If you do not agree to Foretell recording and storing this type of information then you should not use the Foretell Products or Services.You agree to comply with all applicable laws when using the Foretell Services, and you may only use the Foretell Services for lawful purposes. You will not in your use of the Foretell Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. You confirm that you are not located in a country that is subject to the embargo from other country and you are not listed on government lists of any country of prohibited or restricted parties. In certain instances, you may be asked to provide proof of identity to access or use the Foretell Services, and you agree that you may be denied access to or use of the Foretell Services if you refuse to provide proof of identity.
Upon termination, your right to use the Service will immediately cease. If You wish to terminate your account, You may simply discontinue using the Service.
By creating an Account, you agree that the Foretell Services may send you informational and advertising communications through any communications technologies like SMS, Push Notifications, Emails and any others as part of the normal business operation of your use of the Foretell Services. You may be opting out of receiving such communications from Foretell at any time by turning them off or deactivating your Account. You acknowledge that opting out of receiving communications may impact your use of the Foretell Services.
Free and/or Promotional Content, Bonuses, Codes
Foretell may, at its sole discretion, create and distribute free and/or promotional content, bonuses, codes (“Free/Promo Content”) that may be redeemed for Account credit, or other features or benefits related to the Foretell Services and/or a Third Party Provider’s services, subject to any additional terms that Foretell establishes. You agree that Free/Promo Content: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any way, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Foretell; (iii) may be disabled by Foretell at any time for any reason without liability to Foretell; (iv) may only be used pursuant to the specific terms that Foretell establishes for a particular Free/Promo Content; (v) are not valid for cash; and (vi) may expire prior to your use. Foretell reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Free/Promo Content by you or any other user in the event that Foretell determines or believes that the use or redemption of the Free/Promo Content was in error, fraudulent, illegal, or in violation of the applicable Free/Promo Content terms or the Terms.
User Provided Content
In part or in full, a content provided while using Foretell Services can be received through third party services and content providers including Advisors or any others. Third party service and content providers are not our employees, consultants, agents or representatives. Advisors use the Service to provide clients with personalized readings and advice for entertainment purposes. You understand that any information provided to You by any Advisor is not a substitute for the advice and counsel of a qualified professional. We do not guarantee the verification of qualifications, certifications, credentials, competence or background of Advisors or any third party service and content provider. Your relationship relating to the Service is strictly and solely with the Advisor. We do not endorse, recommend, evaluate, warrant or guarantee any opinion, response, advice, prediction, recommendation, information or other service provided by Advisors or any third party service and content provider. Foretell encourages Advisors to meet all Foretell guidelines, standards and terms. However, Foretell does not have a possibility to provide the complete monitoring and control that all of its standards and terms are followed by Advisors or any third party service and content provider. You acknowledge that Foretell does not have a possibility to provide monitoring and control of all of the content received by you while using Foretell Services and you expressly agree that the entire risk arising out of your use of the Foretell Services in connection therewith, remains solely with you, to the maximum extent permitted by applicable law. You understand that any information provided to You by any Advisor is strictly for general entertainment purposes and that any consultation with any Advisor or any information provided by any Advisor is not a substitute for the advice and counsel of a qualified professional. We do not provide the Advisors with your personal information, such as your real name or email address, but may provide your nickname, date of birth and/or gender in connection with facilitating the Service. We do not guarantee the accuracy of a reading or any other advice exchanged.
Orders, Purchases, Payments and Fees
Foretell may make available to you various payment methods to facilitate the purchase or charges of the Foretell Services (which together we refer to as the “Charges”). You must abide by any relevant terms and conditions or other legal agreement, whether with Foretell or a third party, that governs your use of a given payment method. Foretell may add or remove payment methods at its sole discretion and without notice to you. You agree to pay for any Foretell Services that you order and that Foretell or Foretell’s payment processor may charge you through payment method available in your country, along with any additional amounts (including any taxes). You are solely responsible for all fees associated with purchases you make on Foretell. All Charges are due immediately and payment will be facilitated by Foretell using the preferred payment method designated in your Account. If your primary account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Foretell may use a secondary payment method in your Account, if available. It is possible to purchase credits, tokens, coins, questions and other types of virtual currency (collectively, “Credit(s)”), which may be used to pay for future order of Foretell Products and Services. IF YOU DO NOT USE YOUR CREDIT FOR A PERIOD OF ONE YEAR AFTER IT IS PURCHASED, THE CREDIT MAY BECOME INACTIVE OR DORMANT.
A pre-authorization is a type of pending bank charge used to check an account for validity or approve funding for a purchase you attempt to make. You may be pre-authorized an amount before you make a purchase and then have the final charge submitted late. Another type of pre-authorization charge applies when a purchase is approved but won’t be posted to your account until later (when an item is back-ordered and shipping is delayed, for example). Keep in mind, a charge may be pending for some days; this essentially holds the pending funds for the intended purchase but does not charge them permanently. Once the permanent charge is posted, the pre-authorization charge will “fall off” your account. This can take up to 20 working days or even longer in some rare circumstances. Contact your banking institution if this does not occur.
Pricing and Taxes
For sales as both principal or agent, Foretell displays the pricing for Foretell Services. With respect to Foretell Products or Services sold by Foretell, we cannot confirm the price of an item until you order. Pricing and availability of all Foretell Services are subject to change at any time before a purchase is completed. You are responsible for any Taxes, and must pay for Foretell Products or Services without any reduction for Taxes. (“Taxes” means any duties, customs fees, or taxes other than income tax, associated with the sale of Foretell Products or Services, including any related penalties or interest). You must comply with any and all applicable tax laws, including the reporting and payment of any taxes arising in connection with your use of Foretell or the purchase of Foretell Products or Services through Foretell. The reporting and payment of any such applicable taxes are your responsibility.
All Transactions Final
Except as expressly set forth in the Terms or other Foretell policies, all sales are final, and no returns, replacements or refunds are permitted, unless there are technical problems prevent the delivery of the purchased Foretell Products or Services or you have been provided with defective ones. If a replacement, return or refund is granted for any transaction, the transaction may be reversed, and you may no longer be able to access the Product or Service that you acquired through that transaction. If any or all of our digital Foretell Products or Services are temporarily unavailable, you will not receive a refund. Foretell reserve the right, at its sole discretion, to issue refunds or credits. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.Your rights to cancel or return purchases and get a refund are set out in the additional terms for the relevant Product type below.
The app is free to download and use. We also offer an optional subscription package. Subscription Service Conditions: If you choose to subscribe, simply select one of the subscription packages. Whichever you have selected take a note that the number of offered subscription plans can vary depending on the location. Payment will be charged to your iTunes/Play Market Account or Credit card/Paypal account at confirmation of purchase. Your subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period. Your account will be charged for renewal within 24-hours prior to the end of the current period. You can manage your subscription and switch off the auto-renewal by accessing your Account Settings after purchase. You cannot cancel the current subscription during the active subscription period. Any unused portion of a free trial period, if offered, will be forfeited if you purchase a subscription to that publication.
Product and Service Type
|Subscriptions purchased through Apple Inc.||The cancellation of the current active subscription period is not allowed. Refunds will not be provided for the unused portion of any term. Some subscriptions may offer a free trial. If you decide to unsubscribe from a subscription before any charges occur, cancel the subscription before the free trial ends.|
|Subscriptions purchased through third parties (Google, Amazon)||If you purchased your subscription through through stores such as the Amazon Store or the Google Play Store, please refer to the store’s terms and conditions in regard to the relevant cancellation procedure.|
|Subscriptions purchased directly through Foretell||When you purchase a subscription, your contract for the subscription is completed. The right of cancellation expires when you are first able to access any of the relevant subscription content. If you purchase an auto-recurring periodic subscription (whether weekly, monthly, annual or another period) to a Product, you may cancel that subscription at any time before the end of the applicable billing cycle, and the cancellation will apply at the end of that billing cycle. When you cancel, we will stop charging your account the following billing cycle. Your access will continue for the remainder of the current billing period.
To cancel your subscription, go to your Account to “Your Subscriptions” section.
|Advisor’s services purchased through third parties||If you purchased Foretell Products or Services through an App Store such as the Apple App Store, Amazon or Google Play please refer the app store’s terms and conditions in regard to the relevant cancellation procedure.|
|Advisor’s services purchased directly through Foretell||When you purchase a Product or a Service, your sale is final. The right of cancellation is expired when your order is placed.|
Disclaimers, Liability, Governing Law
THE FORETELL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND FOR ENTERTAINMENT PURPOSES ONLY; FORETELL DISCLAIMS ALL KIND OF WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FORETELL MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE FORETELL SERVICES OR ANY SERVICES OR PRODUCTS REQUESTED THROUGH THE USE OF THE FORETELL SERVICES, OR THAT THE FORETELL SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. FORETELL DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS.
YOU EXPRESSLY AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE FORETELL SERVICES, AND ANY SERVICE OR PRODUCTS REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. AND YOU AGREE THAT FROM TIME TO TIME FORETELL MAY REMOVE THE FORETELL SERVICES FOR INDEFINITE PERIODS OF TIME, CANCEL THE FORETELL SERVICES AT ANY TIME, OR OTHERWISE LIMIT OR DISABLE YOUR ACCESS TO THE FORETELL SERVICES WITHOUT NOTICE TO YOU.
YOU ACKNOWLEDGE AND AGREE THAT FORETELL SERVICE DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT EVEN IF IT MAY SOUND SO. NONE OF THE FORETELL CONTENT SHOULD BE CONSIDERED MEDICAL ADVICE OR AN ENDORSEMENT, REPRESENTATION OR WARRANTY THAT ANY PARTICULAR MEDITATION OR TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU. NONE OF THE FORETELL CONTENT SHOULD BE CONSIDERED A SUBSTITUTE FOR QUALIFIED PROFESSIONAL ADVICE. WE STRONGLY RECOMMEND THAT YOU ALWAYS SEEK THE ADVICE OF A QUALIFIED AND LICENSED PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER IN CONNECTION WITH ANY AND ALL QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS HEREIN, FORETELL AND ITS THIRD PARTY PROVIDERS EXPRESSLY DISCLAIM ANY LIABILITY OR LOSS IN CONNECTION WITH THE CONTENT PROVIDED VIA OUR SERVICE.
YOU ACKNOWLEDGE, CONFIRM AND AGREE THAT FORETELL SERVICE IS NOT DESIGNED FOR USE IN EMERGENCIES, FOR MEDICAL OR PSYCHOLOGICAL PURPOSES, FOR THERAPY OR FOR ANY PURPOSE OTHER THAN ENTERTAINMENT.
YOU RELY ON OR ACT UPON THE ADVICE OF ANY ADVISOR OR OTHER USER OF THE SERVICE SOLELY AT YOUR OWN RISK AND BY YOUR OWN FREE AND VOLUNTARY ELECTION AND VOLITION. YOU BEAR SOLE RESPONSIBILITY AND LIABILITY FOR THE CONTENT THAT YOU SUBMIT AND ANY ACTS OR OMISSIONS UNDERTAKEN BY YOU IN CONNECTION WITH ANY OF THE INFORMATION OR ADVICE PROVIDED BY ANY ADVISOR, CLIENT OR USER.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, FORETELL AND THE THIRD PARTIES BENEFICIARIES SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, OR ANY OTHER DAMAGES OR LOSSES, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE FORETELL SERVICES, EVEN IF FORETELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FORETELL SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE FORETELL SERVICES OR YOUR INABILITY TO ACCESS OR USE THE FORETELL SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, HOWEVER, CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, OR OTHERWISE) AND EVEN IF FORETELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE TO INDEMNIFY FORETELL AND ITS EMPLOYEES, AFFILIATES, AGENTS OR ANY ITS THIRD PARTIES THAT IN NO CASE THEM SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, PUNITIVE, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE FORETELL PRODUCTS OR SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE FORETELL SERVICES AND/OR CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY OMISSIONS OR ERRORS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED DUE TO THE USE OF ANY CONTENT POSTED, SUBMITTED, TRANSMITTED, OR MADE AVAILABLE VIA THE FORETELL SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. THERE ARE SOME COUNTRIES OR JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN THESE COUNTRIES OR JURISDICTIONS, FORETELL LIABILITY SHALL BE LIMITED ONLY TO THE EXTENT SUCH LIMITATION IS PERMITTED BY LAW.
FORETELL SHALL USE REASONABLE EFFORTS TO PROTECT THE INFORMATION POSTED OR SUBMITTED BY YOU IN CONNECTION WITH THE FORETELL SERVICES BUT YOU AGREE THAT YOUR POSTING OR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND YOU HEREBY RELEASE FORETELL FROM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
You agree that any dispute, claim or controversy arising out of or relating to the Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Foretell Services (collectively, “Dispute(s)”). You expressly agree that the Terms and any dispute arising out of the Terms or use of the Foretell Services shall be governed, construed, and enforced in accordance with the laws of U.S. Federal Arbitration Act, without regard to its conflict of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods. For the resolution of any such dispute, you explicitly agree and consent to the exclusive personal, subject matter jurisdiction and venue of the courts located in the Concord, U.S. You agree and submit to personal jurisdiction in such courts and you forever waive any argument or defense based on venue, personal jurisdiction or forum non conveniens.
Compliance with regulations
Foretell makes no claim or representation that the Foretell Services are permitted, or lawful for the use outside the U.S. If You use the Foretell Service from a location outside the U.S., then you do it at your own risk and you are responsible for compliance with the governing laws of the jurisdiction where you reside. You explicitly represent and warrant that you are not located in a country that is subject to a United States Government embargo and that you are not listed on any United States Government list of restricted parties.
Class Action Waiver
YOU AND FORETELL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THE INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION WHERE PERMITTED UNDER THE GOVERNING LAW. NO ARBITRATOR OR JUDGE MAY CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
Notice and Procedure for Making Claims of Copyright Infringement
Foretell respects the intellectual property of others. If you believe that any Content available through the Foretell Services infringes a copyright claimed by you, please submit your claim along with the information required for copyright claim to Foretell at email@example.com. We respond quickly to the concerns of rights owners about any alleged infringement.
The information required for copyright claim:
- A name of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and email address;
- 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;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please note that this procedure is exclusively for notifying Foretell that your copyrighted material has been infringed.
Notice and Procedure for other types of requests (excluding Copyright claims)
If you believe that any Foretell Products and Services purchased from Foretell have defects, please submit your claim along with the information required to Foretell at firstname.lastname@example.org.
The information required for your request:
- Your name;
- Your address, telephone number, and email address;
- A description of the matter and supporting materials, if any.