Terms of Use - Forward

Terms of Use

Last update: October 24, 2024

These terms of use are entered into between you and DBD Ventures LLC (“Company,” “we,” or “us”). These terms and conditions, together with any guidelines, terms, or rules in these Terms or at getfwd.com (collectively, “Terms”), govern your access to and use of getfwd.com, including any content, functionality, and services offered on or through getfwd.com (“Site”).

Please read the Terms carefully before you use the Site. By using the Site or by clicking to accept or agree to the Terms when this option is provided to you, you accept and agree to be bound and abide by these Terms. If you do not want to agree to these Terms, you must not access or use the Site.

The Site is offered and available only to users 18 years of age or older. By using the Site, you represent and warrant you are of legal age to form a contract with Company. These terms require the use of arbitration individually to resolve disputes, rather than jury trials or class actions and limit the remedies available to you in the event of a dispute.

Account Creation.

To use certain features of the Site, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time by following the instructions on the Site.

Account Responsibilities.

You are responsible for maintaining the confidentiality of your Account login information and are responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Certain Restrictions.

The rights granted to you in these Terms are subject to these restrictions: (a) you will not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you will not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you will not access the Site to build a similar or competitive website, product, or service; and (d) except as stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.

Company reserves the right to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.

No Support or Maintenance.

You agree that Company will have no obligation to provide you with any support or maintenance with the Site.

Excluding any User Content you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by Company or Company’s suppliers. Neither these Terms (nor your access to the Site) transfers to you or any third party any rights, title or interest in or to such intellectual property rights. Company and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.

User Content.

“User Content” means any information and content that a user submits to, or uses with, the Site (e.g., content in the user’s profile or postings). You are solely responsible for your User Content. You assume all risks associated with your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that identifies you or any third party. You represent and warrant that your User Content does not violate our Acceptable Use Policy. You may not represent or imply to others that your User Content is provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Company is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.

You grant to Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely to include your User Content in the Site. You irrevocably waive any claims and assertions of moral rights or attribution regarding your User Content.

Acceptable Use Policy.

You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that violates any law, regulation, or obligations or restrictions imposed by any third party.

In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used with the Site), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vii) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site.

We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms.

Information About You and Your Visits to the Site.

All information we collect on this Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

DATA SECURITY, DATA USE, AND DATA DELETION

DBD Ventures LLC adheres to Payment Card Industry Data Security Standards (“PCI DSS”) and will maintain its PCI DSS certification as a service provider. DBD Ventures LLC protects and secures cardholder data in our possession according to our responsibility under PCI DSS. You agree, during the Term, to comply with PCI DSS and submit a yearly “Attestation of Compliance” or complete other certification processes and procedures as required by PCI DSS.

Third-Party Links & Ads; Other Users.

The Site may contain links to third-party websites and services. Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads. Company provides access to these Third-Party Links & Ads only as a convenience to you.

You release the Company from any past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage) that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site.

Disclaimers.

THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND.

Limitation on Liability.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES.

Term and Termination.

These Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site at any time at our sole discretion.

General.

We respect your privacy and are committed to protecting it. Our Privacy Policy, found on the Site, governs the processing of all personal data collected from you in connection with your use of the Site.

Governing Law and Jurisdiction.

All matters relating to the Site and these Terms shall be governed by and construed in accordance with the internal laws of the State of Texas.

Dispute Resolution.

All claims and disputes in connection with the Terms will be resolved by binding arbitration individually.

Electronic Communications.

The communications between you and Company use electronic means. For contractual purposes, you consent to receive communications from Company in an electronic form.

Entire Terms.

These Terms constitute the entire agreement between you and us regarding the Site.

Waiver and Severability.

If any provision of these Terms are held by a court or other tribunal to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent that the remaining provisions of the Terms will continue in full force and effect.