Third Party Services
The Service may contain links to third-party services. You acknowledge and agree that Put It Forward is not responsible or liable for: (i) the availability or accuracy of such services; or (ii) the content, products, or services on or available from such websites. Links to such websites do not imply any endorsement by Put It Forward of such websites or the content, products, or services available from such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites.
Put It Forward performs system maintenance on a regular basis to ensure high quality of service. Put It Forward uses commercially reasonable efforts to ensure that the Service is available for use during this time. Put It Forward will use reasonable efforts to perform all maintenance during its pre-scheduled maintenance windows. Currently, the maintenance window is between 10 p.m. Friday and 2 a.m. Saturday,
Pacific Standard Time (06:00-10:00 GMT).
You may cancel a paid account at any time in your account settings or contact support directly via email. For accounts billed annually, if you cancel within fourteen (14) days of the beginning of the annual term, Put It Forward will convert your account to a free account and refund to you 90% of the subscription fees paid for the then-current term. If you cancel an account that is billed on a monthly basis, or you cancel an annual account after the first fourteen (14) days, Put It Forward will not refund any fees paid by you. Instead, your account will remain active for the remainder of the term for which you paid and will then be converted to a free account.
Put It Forward reserves the right to discontinue the Service or to change the Service at any time and without notice, except that Put It Forward will provide notice of such discontinuation to corporate account holders. In the event of such discontinuation by Put It Forward, Put It Forward will refund any fees paid by you, prorated proportionally to the amount of time remaining in the then-current subscription period. For month-to-month accounts, that period is one month, for annual accounts, that period is one year.
If you breach this Agreement, Put It Forward will have the right to terminate this Agreement immediately, without notice, and to deactivate your account. In the event of your breach of this Agreement, Put It Forward will not be required to refund any fees paid by you.
Disclaimer of Warranties
The Service is provided "AS-IS," without warranty of any kind, either express or implied. Without limiting the foregoing, Put It Forward explicitly disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement.
Put It Forward makes no warranty that the Service will meet your requirements or will be available on an uninterrupted, secure, or error-free basis. Your use of the Service is at your own risk. You acknowledge and agree that Put It Forward will not be responsible for any damages to your computer system or the computer system of any third party that result from use of the Service.
You will defend, indemnify, and hold harmless Put It Forward, its officers, directors, affiliates, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service, or your violation of this Agreement, including without limitation third party claims that User Integrations submitted to the Service by you infringe or misappropriate the intellectual property rights, privacy rights, publicity rights, or moral rights of a third party.
Limitation of Liability
In no event will Put It Forward be liable to you or to any third party for any incidental, special, consequential or punitive damages arising out of or in connection with this Agreement or from the use of or inability to use the Service or any User Integrations sent through, stored by or downloaded from the Service, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not Put It Forward has been informed of the possibility of such damage, even if any limited remedy set forth herein is found to have failed of its essential purpose.
In no event will Put It Forward's aggregate liability to you or to any third party for any and all claims arising out of or in connection with the use of the Service exceed the lesser of (a) one hundred U.S. dollars ($100) and (b) the fees paid to Put It Forward by you in the twelve (12) months leading up to the event giving rise to such a claim. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Put It Forward and you.
Controlling Law and Jurisdiction
THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY CALIFORNIA LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF SAN FRANCISCO COUNTY, CALIFORNIA, AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE
This Agreement is the entire and exclusive agreement between Put It Forward and you regarding the Service, and this Agreement supersedes and replaces any prior agreements between Put It Forward and you regarding the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Put It Forward services, affiliate services or third-party content software or services.
You will not assign any rights granted to you or delegate any of your duties hereunder; any attempt to do so is void and of no effect. Put It Forward may freely assign these Terms of Service and the rights granted hereunder without restriction. Nothing in this Agreement shall constitute a partnership or joint venture between you and Put It Forward. In the event that any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and affect. Put It Forward may provide you with notices, including those regarding changes to the Service by email or by postings on the Service. The failure of Put It Forward to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision. The headings and captions are for convenience only and are not to be used in the interpretation of this Agreement.
If you have any questions about this Agreement, please contact Put It Forward at email@example.com