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PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE (AS DEFINED BELOW). USING THIS WEBSITE IN ANY WAY INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, THEN YOU MAY NOT USE THIS WEBSITE.

I. ACCEPTANCE OF THESE TERMS

Your use in any manner of the website located at https://www.foragerproject.com/ or any other website, web page, application, other Internet or digital platform, products, or services offered by or through Forager Project LLC or any of its parents, subsidiaries or affiliates (collectively, “Forager Project,” “we,” “us” or “our”), wherever or however offered, (collectively, this “Website”) constitutes your acknowledgment that you have read, agree with and consent to be bound by these Terms and Conditions (these “Terms”), our Privacy Notice, and all other policies, rules, regulations, terms and conditions that otherwise appear on this Website. These Terms govern all use of this Website. Forager Project reserves the right to update or modify these Terms at any time without prior notice to you. For this reason, Forager Project recommends that you review these Terms whenever you use this Website. Your continued use of this Website following any such change constitutes your agreement to follow and be bound by the updated or modified version of these Terms.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION X BELOW OR WHERE PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT DISPUTES BETWEEN YOU AND FORAGER PROJECT WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

II.   ACCURATE INFORMATION

You certify that the name, address, and all other personal and non-personal information that you provide us through your use of the Website is true, accurate, current, and complete. If you provide false, inaccurate, stale, or incomplete information, or if Forager Project suspects that you did so, Forager Project may refuse or limit access to, or use of, the Website without prior notice to you.

III. ACCESS RESTRICTIONS

You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances or for any reason, use this Website. Forager Project may, in our sole discretion, terminate your access to this Website or change our eligibility criteria at any time.

IV. ACCEPTABLE USE

Your use of the Website is conditioned upon your compliance with the following rules (“Acceptable Use Restrictions”):

You shall not upload to, transmit through, or display via the Website any content that:

  • is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights;
  • contains confidential, proprietary, or trade secret information of any third party;
  • violates the rights of others, including without limitation any privacy rights or rights of publicity;
  • impersonates any person or entity, falsely states or otherwise misrepresents your affiliation with any person or entity, or uses any fraudulent, misleading or inaccurate email address or other contact information;
  • violates any applicable laws or regulations;
  • makes any statement, express or implied, that you are endorsed by Forager Project;
  • harms minors in any way, including, but not limited to, by depicting content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
  • contains any unsolicited promotions, political campaigning, advertising or solicitations; and/or
  • in our sole judgment is inappropriate or objectionable or which restricts or inhibits any other person from using or enjoying the Website or which may expose Forager Project, any of its officers, directors, or employees, or other users to any harm or liability of any type.

You shall not use the Website to transmit, upload, or download, any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature.

Additionally, you shall not:

  • try to use the Website in a commercial manner, rather than for personal and non-commercial recreation;
  • use the Website in a manner inconsistent with these Terms or applicable law;
  • modify or interfere with the Website or Forager Project content – including location, access, and other security features – for any reason, or permit or help anyone else to do so; and/or
  • interfere with or alter the Website or Forager Project content.
V.   ELECTRONIC CONTENT

Forager Project provides the content of the Website for informational, educational, and noncommercial purposes only. You alone will bear the sole responsibility of evaluating the merits and risks associated with the use of any data, information, or content on the Website before making any decisions based on such data, information, or content. In exchange for using such data, information, or content, you agree not to hold Forager Project or its third-party content providers liable for any possible claim for damages arising from any decision you make based on data, information, or content made available to you through the Website.

Forager Project may offer content from third-party providers on the Website. This content includes, but is not limited to, quotes, news, and research reports (the “Materials”). Forager Project does not endorse or approve the Materials, and we make it available to you only as a service and convenience. Forager Project and our third-party providers do not guarantee the accuracy, timeliness, completeness or correct sequencing of the Materials or warrant any results from your use or reliance on the Materials. Neither Forager Project nor the third-party providers are obligated to update any information or opinions contained in any of the Materials. Forager Project may discontinue offering any Materials on the Website at any time without notice. You agree that neither Forager Project nor the third-party providers will be liable to you in any way for the termination, interruption, delay or inaccuracy of any of the Materials on the Website. You will not redistribute or facilitate the redistribution of any Materials, nor will you provide access to the Materials to anyone who is not authorized by Forager Project to receive the Materials.

VI. OWNERSHIP OF WEBSITE AND CONTENT

All right, title and interest in the Website including, but not limited to all of the software and code that comprise and operate the Website and all of the text, photographs, images, illustrations, graphics, audio, video and audio-video clips, URLs, advertising copy and other materials provided through the Website (collectively, “Content”) are owned by us or by third parties who have licensed their Content to us. The Website is protected under trademark, service mark, trade dress, copyright, patent, trade secret, and other intellectual property laws. In addition, the entire Content of the Website is a collective work under U.S. and international copyright laws and treaties, and we own the copyright in the selection, coordination, arrangement and enhancement of the Content of this Website.

We hereby grant you a limited, revocable license to download and print copies of any portion of the Content of the Website to which you have properly gained access, but only for your own personal, non-commercial use, and only if you do not remove, modify, or obscure any copyright, trademark, or other proprietary notices from the Content you download. The foregoing license is subject to these Terms and does not include the right to use any data mining, robots or other automatic or manual device, software, program, code, algorithm or methodology, to access, copy or monitor any portion of any Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of any Website or Content, or obtain or attempt to obtain any materials or information through any means not purposely made available by us through the Website. We reserve the right to take measures to prevent any such activity. This license is revocable at any time without notice and with or without cause. You may not permit others to copy, distribute, perform or display publicly, prepare derivative works based on, broadcast, exploit or use any part of the Content on the Website except as expressly provided in these Terms. Nothing in these Terms shall be construed as transferring any right, title or interest in the Website or their Content to you or anyone else, except the limited license to use the Website and their Content on the terms expressly set forth herein.

Notwithstanding the foregoing, and specifically with regard to trademarks, Forager Project names and logos (including, without limitation, those of its affiliates), all product and service names, all graphics, all button icons, and all trademarks, service marks and logos appearing within the Website unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of Forager Project and/or its affiliates (the “Forager Project Marks”). All other trademarks, product names, company names, logos, service marks, and/or trade dress mentioned, displayed, cited or otherwise indicated within the Website are the property of their respective owners. You are not authorized to display or use Forager Project Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured within the Website without the prior written permission of such owners. The use or misuse of Forager Project Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.

VII. WEBSITE MONITORING

You acknowledge and agree that Forager Project has the right to monitor the Website electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, to operate the Website, or to protect itself or its clients.

VIII. THIRD PARTY WEBSITES

The Website may contain links to third party websites that are not owned or controlled by Forager Project. Forager Project has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Forager Project will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Forager Project from any and all liability arising from your use of any third-party website. We encourage you to be aware when you leave the Website and to read the terms and conditions of each other website that you visit.

IX. COMPLIANCE WITH APPLICABLE LAWS

You certify that you will comply with all applicable laws (e.g., local, state, federal and other laws) when using the Website or Forager Project Content as permitted and in accordance with these Terms. You will be responsible for any cost, expense, fee, liability of any kind, and attorney’s fees that Forager Project incurs if you break the law, misuse the Website or information Forager Project provides, or breach these Terms. And if you break the law, misuse the Website or information Forager Project provides, or breach these Terms, you acknowledge and agree that you will reimburse, indemnify, and hold harmless Forager Project, its subsidiaries, its affiliated companies, and the employees, directors, officers, and agents of all aforementioned companies, from any money damages, costs, expenses, losses, liabilities, and attorney’s fees resulting from any claim, threat, demand, suit, or investigation brought by another person, entity, or government. Without waiving any of these rights, Forager Project may at its sole discretion defend itself against any such claim, threat, demand, suit, or investigation without your consent. All of your obligations in this paragraph survive and continue after any termination of these Terms.

X. DISPUTE RESOLUTION

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

YOU AGREE THAT BY USING THE WEBSITE YOU ARE WAIVING THE RIGHT TO A COURT OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST FORAGER PROJECT ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.

YOU AGREE THAT ANY AND ALL CLAIMS AND DISPUTES ARISING FROM OR RELATING IN ANY WAY TO THE SUBJECT MATTER OF THESE TERMS, YOUR USE OF THE WEBSITE, OR YOUR DEALINGS WITH FORAGER PROJECT SHALL BE FINALLY SETTLED AND RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION AS DESCRIBED IN THIS SECTION X. THIS AGREEMENT TO ARBITRATE IS INTENDED TO BE INTERPRETED BROADLY. THE ARBITRATION WILL BE GOVERNED BY THE COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), AS MODIFIED BY THIS SECTION X. THE ARBITRATION WILL BE CONDUCTED USING ONE ARBITRATOR WITH SUBSTANTIAL EXPERIENCE IN RESOLVING COMMERCIAL CONTRACT DISPUTES, WHO SHALL BE SELECTED FROM THE APPROPRIATE LIST OF ARBITRATORS IN ACCORDANCE WITH THE ARBITRATION RULES AND PROCEDURES OF ANY ARBITRATION ORGANIZATION OR ARBITRATOR THAT YOU AND FORAGER PROJECT AGREE UPON IN WRITING OR THAT IS APPOINTED PURSUANT TO SECTION 5 OF THE FEDERAL ARBITRATION ACT. FOR ANY CLAIM WHERE THE TOTAL AMOUNT OF THE AWARD SOUGHT IS $10,000 OR LESS, THE ARBITRATOR, YOU MUST ABIDE BY THE FOLLOWING RULES: (A) THE ARBITRATION SHALL BE CONDUCTED SOLELY BASED ON TELEPHONE OR ONLINE APPEARANCES AND/OR WRITTEN SUBMISSIONS; AND (B) THE ARBITRATION SHALL NOT INVOLVE ANY PERSONAL APPEARANCE BY THE PARTIES OR WITNESSES UNLESS OTHERWISE MUTUALLY AGREED BY THE PARTIES. IF THE CLAIM EXCEEDS $10,000, THE RIGHT TO A HEARING WILL BE DETERMINED BY THE AAA RULES, AND THE HEARING (IF ANY) MUST TAKE PLACE IN SAN FRANCISCO, CALIFORNIA. THE ARBITRATOR’S RULING IS BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION, OR APPLICATION MAY BE MADE TO SUCH COURT FOR JUDICIAL ACCEPTANCE OF ANY AWARD AND AN ORDER OF ENFORCEMENT, AS THE CASE MAY BE.

THERE IS NO JUDGE OR JURY IN ARBITRATION. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT AND REVIEW BY A COURT IS LIMITED. YOU WILL NOT BE ABLE TO HAVE A COURT OR JURY TRIAL OR PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION. YOU UNDERSTAND AND AGREE THAT BY AGREEING TO RESOLVE ANY DISPUTE THROUGH INDIVIDUAL ARBITRATION, YOU ARE WAIVING THE RIGHT TO A COURT OR JURY TRIAL. ANY DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MULTIPLE PARTIES.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, YOUR USE OF THE, OR YOUR DEALINGS WITH FORAGER PROJECT MUST BE COMMENCED IN ARBITRATION WITHIN TWO (2) YEARS AFTER THE CAUSE OF ACTION ACCRUES. AFTER THAT TWO (2)-YEAR PERIOD, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. SOME JURISDICTIONS DO NOT ALLOW TIME LIMITATIONS OTHER THAN THOSE SET FORTH IN SUCH STATE’S STATUTE OF LIMITATIONS LAWS. IN SUCH CASES, THE APPLICABLE STATUTE OF LIMITATIONS PROVIDED FOR UNDER THE LAWS OF SUCH STATE SHALL APPLY.

YOU AGREE THAT ALL CHALLENGES TO THE VALIDITY AND APPLICABILITY OF THE ARBITRATION PROVISION—I.E., WHETHER A PARTICULAR CLAIM OR DISPUTE IS SUBJECT TO ARBITRATION—SHALL BE DETERMINED BY THE ARBITRATOR. NOTWITHSTANDING ANY PROVISION IN THESE TERMS TO THE CONTRARY, IF THE CLASS-ACTION WAIVER ABOVE IS DEEMED INVALID OR UNENFORCEABLE YOU AGREE THAT YOU SHALL NOT SEEK TO, AND WAIVE ANY RIGHT TO, ARBITRATE CLASS OR COLLECTIVE CLAIMS. IF THE ARBITRATION PROVISION IN THIS SECTION IS FOUND UNENFORCEABLE OR TO NOT APPLY FOR A GIVEN DISPUTE, THEN THE PROCEEDING MUST BE BROUGHT EXCLUSIVELY IN THE STATE COURTS OF COMPETENT JURISDICTION OR THE UNITED STATES DISTRICT COURT LOCATED IN SAN FRANCISCO, CALIFORNIA, AS APPROPRIATE, AND YOU AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF EACH OF THESE COURTS FOR THE PURPOSE OF LITIGATING SUCH CLAIMS OR DISPUTES, AND YOU STILL WAIVE YOUR RIGHT TO A JURY TRIAL, WAIVE YOUR RIGHT TO INITIATE OR PROCEED IN A CLASS OR COLLECTIVE ACTION, AND REMAIN BOUND BY ANY AND ALL LIMITATIONS ON LIABILITY AND DAMAGES INCLUDED IN THESE TERMS. THIS ARBITRATION AGREEMENT WILL SURVIVE TERMINATION OF YOUR USE OF THE WEBSITES AND YOUR RELATIONSHIP WITH FORAGER PROJECT. THIS ARBITRATION AGREEMENT INVOLVES INTERSTATE COMMERCE AND, THEREFORE, SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT, 9 U.S.C. §§ 1-16 (“FAA”), AND NOT BY STATE LAW. INFORMATION ON AAA AND HOW TO START ARBITRATION CAN BE FOUND AT WWW.ADR.ORG.

ARBITRATION OPT-OUT

IF YOU WISH TO OPT-OUT OF THE AGREEMENT TO ARBITRATE, WITHIN 45 DAYS OF WHEN YOU FIRST USE THE WEBSITE OR SUBMIT THROUGH THE WEBSITE A REQUEST FOR INFORMATION, YOU MUST SEND US A LETTER STATING, “REQUEST TO OPT-OUT OF AGREEMENT TO ARBITRATE” AT THE FOLLOWING ADDRESS:

Forager Project LLC
Attn: Arbitration Opt Out
Forager Project LLC
235 Montgomery Street, Suite 730
San Francisco, CA 94104

Email: privacy@foragerproject.com

Telephone: 855-729-5253

In the event you opt out of the arbitration provision, you agree to litigate exclusively in the state or Federal courts in San Francisco, California and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action. These Terms will be governed by the laws of the State of California, without giving effect to any principles of conflicts of laws.

XI. DISCLAIMER OF WARRANTIES

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEBSITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS WEBSITE. THIS WEBSITE AND ALL OF THE INFORMATION AND PRODUCTS MADE AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEBSITE AND THE INFORMATION AND PRODUCTS MADE AVAILABLE THROUGH THIS WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE AND OUR AFFILIATES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE; (C) RELATING TO THE SECURITY OF OUR WEBSITES; (D) THAT THE CONTENT OF OUR WEBSITES IS ACCURATE, COMPLETE. CURRENT OR RELIABLE; AND (E) THAT OUR WEBSITES WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

FORAGER PROJECT DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR STATEMENTS, ADVICE, AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED FORAGER PROJECT SPOKESPERSONS. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE, OR OPINIONS CONTAINED IN USER CONTRIBUTIONS AND SUCH STATEMENTS, ADVICE, AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE AND OPINIONS OF FORAGER PROJECT. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES MAY NOT APPLY TO YOU.

XII. LIMITATION ON LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND WITHOUT LIMITING ANYTHING ELSE IN THESE TERMS, OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE WEBSITE WILL BE US $200.00.

IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE, OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”.

IF YOU ARE ACCESSING THE SERVICE FROM NEW JERSEY, YOU (A) ASSUME ALL RISKS OF LOSSES OR DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE; (B) IRREVOCABLY WAIVE ALL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) THAT MAY OCCUR AS A RESULT OF YOUR USE OF THE SERVICE; AND (C) EXPRESSLY AGREE TO RELEASE AND DISCHARGE FORAGER PROJECT AND ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION RESULTING, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THE WEBSITE; AND (D) YOU VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST FORAGER PROJECT FOR LOSSES OR DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, INCLUDING ANY CLAIM BASED ON ALLEGED NEGLIGENCE ON THE PART OF FORAGER PROJECT AND THEIR AGENTS AND EMPLOYEES. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY.

XIII. INDEMNIFICATION

You agree to defend, indemnify and hold harmless Forager Project, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website other than as expressly authorized in these Terms or your use of any information obtained from the Website.

XIV. TERMINATION

Forager Project may cancel, suspend or block your use of the Website without notice if there has been a violation of these Terms or our Privacy Notice. Your right to use the Website will end upon Forager Project’s cancellation, suspension, or blocking, and any data you have stored on the Website may be unavailable later, unless Forager Project is required to retain it by law. YOU AGREE THAT FORAGER PROJECT WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE WEBSITE. Any limitations on liability that favor Forager Project will survive the expiration or termination of these Terms for any reason.

XV. SECURITY

Forager Project reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Forager Project to disclose the identity of anyone posting any e-mail or other messages, or publishing or otherwise making available any other user-generated content that is believed or alleged (reasonably or not) to violate these Terms and Conditions or any applicable law.

XVI. SUBMISSION OF IDEAS OR SUGGESTIONS

Forager Project is always improving its products, services and this Website. If you have ideas or suggestions regarding improvements or additions to Forager Project’s products, services, or this Website, we would like to hear them. Please note that any submission will be subject to these Terms and Conditions. Under no circumstances will any disclosure of any idea or suggestion or related material to Forager Project be subject to any obligation of confidentiality or expectation of compensation. By submitting an idea or suggestion or any related material to Forager Project, you are waiving any and all rights including, without limitation, intellectual property rights, that you may have in the idea or suggestion or any related material and are representing and warranting to Forager Project that the idea or suggestion or any related material are wholly original with you, that no one else has any rights in the idea or suggestion or any related material and that Forager Project is free to implement the idea or suggestion and to use the related material if so desired, as provided or as modified by Forager Project, without obtaining permission or license from any third party.

XVII. OTHER TERMS

Forager Project’s failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

XVIII. CONTACT INFORMATION

If you have any questions about your privacy or security on our Sites, please contact us using the following information:

Forager Project LLC
235 Montgomery Street, Suite 420
San Francisco, California 94104
privacy@foragerproject.com

You may contact us for any reason, including to report potential violations of the Terms by others, by email at privacy@foragerproject.com or by calling 855-729-5253.

 

Last Updated: October 11, 2023