Terms of Service

TERMS AND SERVICES AGREEMENT

 

1. ACCEPTANCE OF TERMS OF USE. The following is an agreement (“Agreement”) between you and ForeIQ, LLC, a Delaware limited liability company and/or its affiliates (collectively, and individually, “ForeIQ”). By (i) accessing, browsing, subscribing to, and using the ForeIQ website and (ii) by using the Services (defined below), you acknowledge that you have read, have understood, and agree to be bound by this Agreement and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use ForeIQ or any of the Services.

From time to time, we may modify this Agreement and post these modifications to the website. Your use of any Services after any such modification constitutes your acceptance of the modified Agreement.

2. SERVICES. You will receive from ForeIQ, and ForeIQ will provide to you, project forecasting (the “Services”). ForeIQ, from time to time, may modify, upgrade or otherwise change the manner in which the Services are provided including, but not limited to, any hardware associated with the Service, including but not limited to server hardware, software, features or environment, so long as such Services (a) are substantially comparable or superior as such Services relate to functionality and reliability as compared to the prior Services being otherwise changed; and (b) comply with all of the terms and conditions of this Agreement.

3. PAYMENT FOR SERVICES.

3.1 You will pay ForeIQ the fees and charges for Services, as determined by the components selected by you (“Fees and Charges”). Thereafter, and unless otherwise agreed upon by ForeIQ and you, you will be required to pay, on a monthly recurring basis, such monthly Fees and Charges for the Services. All such payments must be (i) made on or before the first business day of the month following the month in which ForeIQ invoiced you; and (ii) made in U.S. dollars. You shall provide ForeIQ information regarding your credit card or debit card (collectively, “Payment Instrument”). Acceptable Payment Instruments are credit or debit cards issued by American Express, MasterCard, Discover and Visa. Checks are not an accepted method of payment at this time. You and ForeIQ may elect to have you pay the Fees and Charges for Services using one of the following alternative payment methods:

3.1.1 Annual Basis. In lieu of paying ForeIQ on a monthly basis for a period of twelve (12) calendar months, ForeIQ will send an invoice to you for the Fees and Charges for Services, prior to the commencement of Services, for a period equal to twelve (12) calendar months.

3.1.2 Annual Commitment. ForeIQ will send an invoice to you for the Fees and Charges for Services, prior to the commencement of Services, for a period equal to twelve (12) calendar months, which you will be required to pay on a monthly recurring basis.

3.1.3 Non-Refundable. In the event you elect the Annual Basis or the Annual Commitment alternative payment method, you agree and understand that ForeIQ shall not refund any amounts of the Fees and Charges for Services, in the event this Agreement terminates prior to the end of the term.

3.2 You represent and warrant to ForeIQ that the information provided to ForeIQ regarding the Payment Instrument is true and that you are authorized to use the Payment Instrument. You will promptly notify ForeIQ with any changes (for example, a change in the billing address or credit card expiration date) that may occur.

3.3 Absent documented proof of clear negligence or material breach of this Agreement by ForeIQ, all payments are non-refundable. Your Services will be terminated following ten (10) business days of non-payment. Services may be re-activated by you within sixty (60) calendar days of termination with a payment of all due funds. You will pay ForeIQ all costs and expenses, including reasonable attorney’s fees, incurred by ForeIQ in enforcing any of the terms, conditions and provisions in this Agreement, including any of ForeIQ’s rights and remedies set forth in this Agreement.

3.4 In the event you wish to add future logins, additional features or upgrade or downgrade the Services, each item will be equal to the then current list price for such item set forth by ForeIQ, subject to the limitations on increasing fees set forth below. If an item is added in the first fifteen (15) days of the billing

cycle for you, you will be charged at full cost. If an item is added in the last fifteen (15) days of the billing cycle for you, you will be charged at half cost.

3.5 Following the first year of Service, ForeIQ may, at its sole and absolute discretion, increase monthly fees but may not increase fees by more than fifteen percent (15%) per year.

3.6 ForeIQ may, at its sole discretion, charge a $15.00 late fee for Accounts that are thirty (30) days or more past due.

3.7 If you initiate a chargeback, ForeIQ may, in its sole discretion, charge a $50.00 processing fee for each individual chargeback.

3.8 In the event an Account is submitted to a third-party collections service, a $15.00 processing fee may be assessed to the existing Account balance. This fee is in addition to any other fees previously assessed on the Account.

3.9 Any charges not paid when due are subject to interest at a rate equal to the lesser of: (i) one and one-half percent (1.5%) per month; or (ii) the maximum interest rate allowed by applicable law.

3.10 You agree to provide ForeIQ thirty (30) days to attempt settlement of any billing dispute before disputing with any third-party Payment Instrument company or bank. ForeIQ must be the first option in billing disputes. Should ForeIQ receive a chargeback from a third-party Payment Instrument company or bank on your behalf before ForeIQ has been given a chance to resolve the issue, ForeIQ has the right to collect on the rendered services and any fees associated with those disputes. Regardless of the outcome of the chargeback, ForeIQ retains the right to collect on any rendered services or fees that are due. ForeIQ may submit any disputed amounts to a collection agency. Once a chargeback has been received, ForeIQ will immediately suspend the Account until the matter is resolved.

3.11 Invoice and payment receipts are available to you upon request or through our Billing Department by emailing billing@ForeIQ.com.

4. TERM; TERMINATION; SUSPENSION.

4.1 Term. This Agreement shall be valid as of the Effective Date for one (1) period of one (1) month. This Agreement shall automatically renew for successive thirty (30) day periods (“Term”), and this Agreement may only be terminated upon written notice of the party’s intent to terminate the Agreement, effective thirty (30) days after the end of the then current Term.

4.2 Suspension or Termination. ForeIQ may, with thirty (30) days prior written notice to you, suspend or terminate yours or any other user’s password, account or use of any of the Services, and/or remove and discard, alter or prevent access to any content within the Services, if you or such user has violated any material provision of this Agreement and has failed to cure such violation within thirty (30) days thereafter. You may terminate this Agreement if ForeIQ breaches any provision of this Agreement and does not cure such breach within thirty (30) days after receipt of notice of such breach. Upon suspension or termination of this Agreement, you must pay all fees to the date of termination as provided herein. You will have fifteen (15) calendar days from the date of suspension or termination to download and remove any data, information or other content on the website that was provided (through the Services or otherwise) to ForeIQ by you, including all Personally Identifiable Information (“Personal Content”), after which date ForeIQ may destroy such Personal Content. ForeIQ will reasonably cooperate with you in such removal efforts, and will, upon your request and at your expense, provide to you a copy of the Personal Content then in ForeIQ’s possession on a medium reasonable acceptable to you. In the event Personal Content is destroyed, and upon request by you, ForeIQ shall provide written notice of certification of such destruction. Following termination, the provisions of the following sections shall survive: Term and Termination, ForeIQ’s Limited Warranty, Confidentiality, Data Privacy and Security, Security, Proprietary Rights, Third Party Dealings, Disclaimers and Limitations, Ownership of Data, Indemnification, Notices and Statements, Governing Law and Venue, And General Provisions.

5. CONDUCT OF USERS. The Services may be used only by you, users authorized by you, and your authorized agents, which include (as authorized by you) your employees, contractors, agents and representatives and your affiliates, joint venture partners, licensees and subsidiaries. As more fully discussed in the Security section of this Agreement, you are solely responsible for maintaining the security of its user

name(s) and password(s). Any use of your user name(s) and/or password(s) shall be deemed as authorized by you, unless you provide advance written notice to ForeIQ that your user name(s) and/or password(s) have been compromised. You and users authorized by you of the services may use the Services only as long as you and users authorized by you comply with the rules and guidelines for the use of the Services that are attached hereto as Exhibit A (“Rules”). You are solely responsible for compliance with the Rules by you and by all other users to whom you authorizes access for the Services. Any violation of the Rules by any user using the Services will be a breach of this Agreement. ForeIQ may amend or supplement the Rules from time to time with your prior written consent, which shall not be unreasonably withheld. In the event of any inconsistency or conflict between the main body of this Agreement and the Rules (including any document or terms and conditions referenced therein), the main body of this Agreement shall govern.

6. LIMITED WARRANTY.

6.1 ForeIQ represents and warrants to you that the Services will be performed in a manner consistent with industry standards and in compliance with any specifications and requirements set forth in this Agreement you shall notify ForeIQ in writing within thirty (30) calendar days after performance of any Services if such Services do not conform to the foregoing warranties. If you fail to provide timely written notice to ForeIQ, the Services will be deemed to be in compliance with the foregoing warranties. Your exclusive remedy for breach of the foregoing warranties shall be for ForeIQ, at its option, to re-perform the Services at no cost to you, or, in the event of interruption of the Services, issue to you a credit in an amount equal to the service charge for the interrupted period.

6.2 The foregoing warranties shall not apply to performance issues or defects in the Services that resulted from (a) factors outside of ForeIQ’s reasonable control; (b) any actions or inactions of you or users authorized by you; or (c) your equipment or any third parties’ equipment not within the control of ForeIQ.

7. CONFIDENTIALITY.

7.1 You agree to provide true, accurate and complete information about itself and its authorized users of the Services. All proprietary and confidential information and materials (“Confidential Information”) of either party will be held in confidence by the other party. Confidential Information will include, without limitation, information relating to a party’s business and marketing plans and processes, rates, fees and other terms of pricing of the Services, customers, source code, software, hardware, and technology, or quality of performance of the Services. Confidential Information will not include information (a) already known or independently developed by the recipient, (b) in the public domain through no wrongful act of the recipient, or (c) received by the recipient from a third party who was authorized to disclose it. Your Confidential Information will include all Personal Content, including all Personally Identifiable Information about you and users authorized by you. “Personally Identifiable Information” is information that personally identifies a person or entity, including protected health information (as such term is defined under HIPAA, “PHI”). ForeIQ will not, nor knowingly permit others to, release Personally Identifiable Information without your written consent.

7.2 Neither party will use (for itself or for any third party) or disclose, nor permit any other person or entity under its control to use or disclose any Confidential Information, except (a) disclosure to and use by employees, agents, third party contractors, or representatives of the recipient who have a “need to know” the information for purposes of exercising such party’s rights or performing such party’s obligations under this Agreement, and that are subject to an obligation of confidentiality substantially similar to the restrictions contained in this Section 6; (b) if required by law or legal process, and then only with notice to the disclosing party and cooperating with the disclosing party to limit disclosure; (c) to enforce this Agreement (including the Rules); or (d) as necessary to respond to claims that any content violates the rights of third parties, and then only with notice to the disclosing party and cooperating with the disclosing party to limit disclosure. Each party will promptly notify the other party if it receives a request for the other party’s Confidential Information (unless notice is prohibited by law), and will reasonably cooperate with the other party’s efforts to seek protection from disclosure. Upon termination of this Agreement, the provisions of this Confidentiality section will survive for a period of three (3) years from the termination date, and each party will either return to the other party all Confidential Information of the other party in its possession or control, or, at the other party’s request, destroy any such Confidential Information.

7. SECURITY. You agree to keep secure and confidential any user name ForeIQ issues to you, and any password (whether issued by ForeIQ to you or created by you). You will be fully responsible for all activity that occurs under the use of your user name or password. You agree to immediately notify ForeIQ in writing of any unauthorized use of your user name or password. ForeIQ will use commercially reasonable efforts to protect the security of the Services; however, ForeIQ does not warrant or guarantee the integrity or the security of the Services or of the content, information or data transmitted through or contained within any portion of the Services.

8. PROPRIETARY RIGHTS.

8.1 ForeIQ owns or has authority to use any and all rights pertaining to: (a) the content contained in or presented through the Services by ForeIQ or by third parties engaged by ForeIQ (including, without limitation, text, music, sound, photographs, graphics, video, page layout, Editorial Content (defined below), and design), (b) the software, hardware, files, processes, systems, databases and tools used or provided to you by ForeIQ, or by third parties engaged by ForeIQ, to provide the Services, (c) other tangible and intangible personal property relating to the Services, and (d) the trade names, trademarks, service marks, copyrights, patents, inventions, trade secrets, know-how and other intellectual property rights relating to the foregoing (sections (a), (b), (c), and (d) in this Proprietary Rights section shall collectively be referred to as “ForeIQ Property”).

8.2 You are prohibited from publishing, distributing via the Internet or any other public computer based information system, creating derivative works (including translating), transferring, selling, leasing, licensing, or otherwise making available to any unauthorized party ForeIQ Property.

8.3 You are granted the right to use that portion, and only that portion, of ForeIQ Property that is contemplated in this Agreement. You will not copy, revise, alter, modify, decompile, reverse engineer, assemble, or attempt to discover, nor sell, assign, sublicense, encumber, or otherwise transfer any interest in any ForeIQ Property, including, without limitation, any object code, source code, underlying processes or algorithms contained therein, other than as is permitted by ForeIQ in writing, and you will not permit any person or entity to commit or engage in such activities or conduct. You acknowledge that any violation of this Proprietary Rights section may impose a serious threat to ForeIQ’s business and its ability to exist.

9. THIRD PARTY DEALINGS

9.1 If you acquire goods or services from a third party, whether or not the goods or services are used as part of the Services, you agree that your business dealings with that third party are solely between you and the third party. ForeIQ has no liability for any reason in any way arising from your relationship with such third parties or the goods or services acquired, including, without limitation, complaints or claims concerning failure to perform, defects in goods or services or otherwise.

9.2 Links to other websites or resources may be provided by ForeIQ or third parties as part of the Services. You agree that ForeIQ has no control over such other websites or resources, and is not responsible in any way for those other websites or resources including without limitation any content, advertising, products or material on or available from such other websites or resources.

10. DISCLAIMERS AND LIMITATIONS

10.1 SUBJECT TO THE LIMITED WARRANTIES SET FORTH IN THIS AGREEMENT, YOUR USE OF THE SERVICES AND ANY EQUIPMENT, SOFTWARE AND HARDWARE PROVIDED IN CONNECTION WITH THE SERVICES, IS ON AN “AS IS” BASIS. WHILE FOREIQ WILL EXERCISE ITS BEST EFFORTS TO PROVIDE THE SERVICES, FOREIQ DOES NOT MAKE, AND HEREBY DISCLAIMS ANY AND ALL WARRANTIES EXPRESS OR IMPLIED, OF ANY KIND OR NATURE WITH RESPECT TO THE SERVICES OR SUCH PROPERTY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER FOREIQ NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DELIVERING ANY OF THE SERVICES PROMISES, REPRESENTS OR WARRANTS THAT THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED. FOREIQ HEREBY SHALL NOT BE LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY INACCURACY, ILLEGALITY, AND/OR INAPPROPRIATENESS OF ANY THIRD PARTY CONTENT PROVIDED TO ANY WEBSITE OR ANY

PUBLIC AREA, ANY DAMAGE, DESTRUCTION OR CORRUPTION OF ANY CONTENT OR OTHER DATA, OR ANY USE OR MISUSE OF, OR INABILITY TO USE, THE SERVICES BY ANY PERSON OR ENTITY.

10.2 IN NO EVENT WILL EITHER PARTY, NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DELIVERING ANY OF THE SERVICES, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF FOREIQ HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH LOSSES) ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES. EACH PARTY’S MAXIMUM LIABILITY FOR ANY CLAIM ARISING OUT OF THIS AGREEMENT OR THE SERVICES WILL BE LIMITED TO THE AMOUNT OF FEES PAID BY YOU TO FOREIQ UNDER THIS AGREEMENT FOR THE TWELVE (12) MONTHS PERIOD IMMEDIATELY PRIOR TO WHEN ANY CLAIM OR CAUSE OF ACTION AROSE.

10.3 Each party agrees that any claim or cause of action which it may have arising out of a claim related to this Agreement or the Services must be filed within one (1) year after becoming aware of the facts and circumstances giving rise to such claim or cause of action, or the claim or cause of action will forever be barred.

10.4 Each party must provide written notice to the other party at least thirty (30) calendar days prior to filing or otherwise initiating any action, charge or lawsuit against the other. The written notice must describe the factual basis for the dispute, and provide at least thirty (30) calendar days for the receiving party to remedy, cure or otherwise resolve the matters stated in the notice.

10.5 ForeIQ will not be liable for failure or delay in performing the Services or other obligations under this Agreement if the failure or delay is due to circumstances beyond ForeIQ’s control including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunication or third party services (including DNS propagation), failure of third party software or hardware that is not part of the Services provided by ForeIQ, or inability to obtain raw materials, supplies, or power used in equipment needed for the provision of the Services.

11. OWNERSHIP OF DATA

11.1 ForeIQ agrees that your documents and Personal Content is your exclusive property. ForeIQ agrees that it will protect your property interests and rights in and to such documents and Personal Content. ForeIQ agrees that it shall not at any time challenge or contest the validity or your ownership of such documents or Personal Content, and that nothing in this Agreement shall be construed to limit your property rights in such documents or Personal Content. Upon your request at any time, and upon the termination of this Agreement, ForeIQ shall transmit to you a copy of your documents and Personal Content, subject to reasonable fees to be paid by you to ForeIQ. Upon termination of this Agreement, ForeIQ shall not use or disclose any of your documents or Personal Content, and shall certify the destruction of all such documents.

11.2 Improvements. All improvements created for you by ForeIQ under this Agreement (the “Work Product”) shall be considered “work made for hire” with all right, title and interest to such Work Product vesting in you. At your request, during and after the term of this Agreement, ForeIQ shall, and hereby does, assign all right, title, and interest in and to the Work Product to you and will assist and cooperate with you in all respects, and will execute documents, and will take such further acts reasonably requested by you to enable you to acquire, transfer, maintain, perfect, and enforce its intellectual property rights and other legal protections for the Work Product, subject only to you making full payment under this Agreement and as invoiced by ForeIQ to you. The Parties agree and understand, absent a written agreement that provides otherwise, you shall have the right to use the Work Product or any part or parts thereof as you see fit. Accordingly, you agrees to grant to ForeIQ a royalty free, irrevocable, perpetual license to use, sublicense, and assign such Work Product. The Parties agree and understand, Work Product shall not include ForeIQ’s preexisting proprietary information and methodologies for delivery of the services set forth herein, document templates or project tools used by ForeIQ to deliver the Services, and ForeIQ-owned materials in the Work Product (collectively, “ForeIQ Intellectual Property”). Nothing herein shall be interpreted to prevent ForeIQ

from performing similar services for any other ForeIQ user. Unless otherwise set forth in this Agreement, in the event any ForeIQ Intellectual Property is required to use the Work Product or receive benefit from the Services, ForeIQ hereby grants to you a nonexclusive, royalty-free, limited license to use, execute, reproduce, display, perform, and distribute copies of the ForeIQ Intellectual Property solely for its internal business purposes.

12. INDEMNIFICATION. You agree to indemnify and hold ForeIQ (as well as its parents, subsidiaries, affiliates, officers, members, shareholders, employees, agents and representatives) harmless from any and all claims, liability and expenses (including without limitation, reasonable attorneys’ fees) arising out of or related to your use of the Services (unless the claim directly relates to ForeIQ’s gross negligence or willful misconduct), your breach of any provision of this Agreement, or any claim arising out of content posted or transmitted by any person or entity associated with or authorized by you (other than ForeIQ) through the use of the Services. ForeIQ reserves the right, to select counsel of its own choosing for and otherwise to control its own defense, at yours expense, of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.

13. NOTICES and STATEMENTS

13.1 Except as otherwise specifically provided in this Agreement, all notices and statements may be sent by electronic mail, facsimile or overnight delivery to the electronic mail address, fax number or delivery address most recently provided in writing or via online submission to the other party. For overnight deliveries, notices and statements will be deemed to be received upon personal delivery. For facsimile and electronic mail deliveries, notices and statements will be deemed to be upon transmission.

ForeIQ, LLC
777 E Missouri Ave, Suite 101 Phoenix, AZ 85014
Attn: Patrick Fuller
Email: Patrick.Fuller@ForeIQ.com

14. GOVERNING LAW AND VENUE

14.1 This Agreement is entered into in the state of Arizona. This Agreement and any rights, remedies, or obligations provided for in this Agreement shall be construed and enforced in accordance with the laws of the state of Arizona without regard to the conflicts provisions thereof. Any and all disputes that in any way arise out of or bear any relationship with this Agreement shall be litigated only in courts having sites in Phoenix, Arizona.

14.2 You will pay ForeIQ all costs and expenses, including reasonable attorney’s fees, incurred by ForeIQ in enforcing any of the terms, conditions and provisions in this Agreement, including any of ForeIQ’s rights and remedies set forth in this Agreement.

15. GENERAL PROVISIONS

15.1 The parties represent and acknowledge that this Agreement constitutes a single, integrated, written contract expressing the entire understanding and agreement between and among the parties and regarding the releases set forth herein, and that all prior agreements, contracts, negotiations, promises, offers, acceptances, representations, warranties, covenants and understandings in any way relating to this Agreement set forth herein are merged and integrated into the terms and conditions of this Agreement.

15.2 If any portion, provision, or part of this Agreement is held, determined, or adjudicated to be invalid, unenforceable or void for any reason whatsoever, each such portion, provision or part shall be severed from the remaining portions, provisions or parts of this Agreement and shall not affect the validity or enforceability of any remaining portions, provisions or parts.

15.3 The Rules (defined below) may be amended at any time by ForeIQ as otherwise provided in this Agreement. Otherwise, any amendment of this Agreement will require the written consent of both parties.

15.4 No waiver of any breach or failure or delay in exercising any right, power or remedy of any provision of this Agreement shall constitute a waiver of the same or any other provision hereof with respect to prior,

concurrent or subsequent occurrences. No waiver shall be effective unless made in writing and signed by an authorized representative of the party against whom such waiver is sought.

15.5 Titles and headings are included solely for convenient reference and are not part of this Agreement. You may not assign any of its rights or obligations (in whole or in part) without the prior written consent of ForeIQ, which shall not be unreasonably withheld.

15.6 Subject to the express exclusions and limitations set forth in this Agreement, all remedies set forth in this Agreement are cumulative and in addition to and not in lieu of any other remedies of any party at law or in equity.

15.7 No person or entity is intended to be a third party beneficiary of any provision of this Agreement.

15.8 The parties represent and warrant that they have full authority to execute and deliver this Agreement and to perform their obligations under this Agreement, and that the person whose signature appears below is duly authorized to enter into this Agreement on behalf of the party whom they represent.

EXHIBIT A
RULES AND REGULATIONS

These Rules and Regulations (the “Rules”) supplement the terms of the Terms and Services Agreement (the “Agreement”) to which they are attached. Unless they are defined differently in this Exhibit A, all terms have the meanings set forth in the Agreement.

These Rules are intended to explain your obligations and the obligations of other users of the Services as to their conduct while using the Services. You are responsible for compliance with these Rules by all users authorized by you of any of the Services used by such authorized users. Failure of any such user to comply with these Rules may be a breach of the Agreement and may result in, among other things, the termination of the Agreement and/or any or all of the Services, the denial of access to one or more of the Services, the refusal to post or transmit, or the alteration or removal of material from a website or other area. The Rules are subject to change as provided in the Agreement.

Terms of Service
Users shall comply with Terms of Service adopted by ForeIQ from time to time and posted online. Unlawful Use

You or any of the users authorized by you shall not upload, transmit or post any material, or engage in any other use of the Services that violates any law, rule or regulation, defames or libels any other person or entity, infringes any other person’s or entity’s rights, including, without limitation, any intellectual property or privacy rights, or otherwise could impose civil or criminal liability. ForeIQ reserves the right to notify any governmental entity, law enforcement authority, or any other party that it deems appropriate in its sole discretion, of any such activity. Uploading, posting or transmitting any content that infringes any patent, trademark, trade secret, copyright, publicity or proprietary right of any person or entity will be grounds for immediate termination of the Services or other corrective action.

Defamatory or Abusive Material

You or any of the users authorized by you shall not upload defamatory, obscene, profane, vulgar, threatening, offensive, abusive, inaccurate or illegal material.

Unauthorized Access

You or any of the users authorized by you shall not access, or attempt to access, another person’s or entity’s accounts without proper authorization to do so, or attempt to disrupt or interfere with the Services in any manner.

Use and Data Storage

ForeIQ may establish and change from time to time general practices and limits on the use of the Services, the amount of central processing unit (CPU) processing, bandwidth and disk usage, and levels of activity. ForeIQ will use commercially reasonable efforts to provide all users with advance notice of these practices and limits. Violation of these practices and limits will be considered a violation of these Rules.

Other Activities

You or any users authorized by you shall not engage in any other activity that is harmful to other Users or the Services.

ForeIQ does not in the ordinary course pre-screen or monitor content of the database or any other communications. However, ForeIQ reserves the right, but does not assume any obligation, to determine in its sole discretion what is and is not acceptable content in connection with the Services, to limit placement of any content in a database or on any other area provided in connection with the Services, to use commercially reasonable efforts to remove, alter or block access to any offensive, objectionable, or unacceptable content immediately and without prior notice, to determine in its sole discretion what is and is not an appropriate conduct and use of any of the Services, and to cease providing or bar access to any or all of the Services to any user at any time, for any reason or for no reason, without prior notice. ForeIQ reserves the right, but does

not assume any obligation, to monitor and investigate complaints regarding any of the foregoing, and you agree to grant ForeIQ access to your account at any time without notice, and to cooperate fully with ForeIQ in providing access and information as may be requested at any time and from time to time. You agree that any reservation of rights by ForeIQ imposes no obligation of any kind on ForeIQ to take any of the foregoing actions.

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