Terms of Use

Last updated April 12, 2022

Thank you for using the ForwardVu WFM Resource and Capacity Planning Software “WFMSaaS”) as a Service. These Terms of Use (the “Terms of Use“) and the ForwardVu Privacy Policy (the Terms of Use and Privacy Policy, together are referred to as the “Agreement”, govern your use of: (a) the WFMSaaS website located at wfm.forwardvu.ca, and any subdomains thereof (collectively, the “Site“), (b) any web-based services made available to you by or on behalf of ForwardVu via the Site (each, a “Web-based Offering”), (c) any downloadable or cloud based software tools made available to you by or on behalf of ForwardVu (each, a “Tool”), and (d) all data, text, graphics, sound or video clips, flash animations, user interfaces, visual interfaces, trademarks, logos, and computer code, whether on the Site, in a Web-based Offering, or in a Tool (other than User Content (as defined below), collectively, the “Content“), including but not limited to the design, structure, selection, coordination, “look and feel,” and arrangement of that Content. The Site, Web-based Offerings, Tools, and the Content (collectively or any part thereof, the “Service“) are the property of ForwardVu, and its affiliates and subsidiaries (collectively, “ForwardVu,” “we,” “us,” or “our”) and our distributors, and are protected by applicable intellectual property rights.

 

By clicking the “I accept” or similar button and/or using, downloading, or accessing the Service, you are unconditionally consenting to be bound by and are becoming a party to the Agreement either for yourself or, if you are using, downloading or accessing the Service on behalf of your employer or another entity, you are accepting on behalf of your employer or another entity, and you represent and warrant that you have the full legal right, power, and authority to bind your employer or that entity to these terms and conditions. If you do not have that legal authority, or you do not agree with the Agreement, you must press the “I do not accept” or similar button when prompted and you may not use or access the Service and you must remove any of the WFMSaaS content from your computer or other device.

Revisions

ForwardVu reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms of Use and the Privacy Policy at any time. The most current version of these Terms of Use may be found at www.forwardvu.ca/terms-of-use (or any successor URL as ForwardVu may provide). You should visit this page periodically to review the most current Terms of Use, because you are bound by them. The most current version of the Privacy Policy may be found at www.forwardvu.ca/privacy (or any successor URL as ForwardVu may provide). Your continued use of the Service indicates your acceptance and agreement to the changes. As long as you comply with the Agreement, ForwardVu grants you a personal, non-exclusive, non-transferable, limited right to access the Site and use the Service as further described below.

The terms of the Agreement will govern any updates provided to you by ForwardVu that replace the Web-based Offering, Tool, or any other portion of the Service, unless that upgrade is accompanied by a separate license or revised agreement, in which case the terms of that license or revised agreement will govern.

Personal, Internal Business, or Limited Commercial Use Only

Except as otherwise set forth herein, the Service is made available to you for: (a) your internal business use; or (b) if you are a Value Added Distributor (“VAD“), or Value Added Reseller (“VAR”), use in connection with the commercial support of your organization or customers, in compliance with all applicable laws, rules, and regulations. If you want to make any other commercial use of the Service, including but not limited to selling, distributing, or providing access to the Service for payment, you must enter into a separate written agreement with ForwardVu or obtain ForwardVu’s written permission in advance.

 

If you are asked to register for the Service, you must provide complete and accurate identification, contact, and other information required as part of the registration process, and accurately and promptly update that information if it changes. ForwardVu reserves the right, in its sole discretion, to refuse or discontinue participation or access to any or all of the Service to any user or member at any time.

 

Except as expressly provided in these Terms of Use, no part of the Service may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring” and “framing”) to any other computer, server, website, or other medium for publication or distribution or for any commercial enterprise, without ForwardVu’s express prior written consent.

 

At ForwardVu, we are constantly innovating to try to provide the best possible experience for our users. As part of this on-going innovation, we may from time-to-time temporarily suspend providing the Service or any part thereof, for a duration not to exceed 24 hours. At least 5 business days notice will be provided in advance of the maintenance window.

 

You acknowledge and agree that if ForwardVu disables access to your account, you may be prevented from accessing the Service, your account details, or any files or other content contained in your account.

Restrictions and Prohibited Actions

The Service is intended for the use described above and in any documentation provided by ForwardVu in connection with the applicable portion of the Service and may not be used in connection with any other commercial endeavors except those that are specifically allowed, endorsed, or approved by ForwardVu.

You may not change, reorganize, modify, copy, reverse engineer, decompile, disassemble, attempt to derive the source code of, or create derivative works from the Service, any updates, or any part thereof for any purpose, including in order to: (a) build a competitive product or service, (b) build a product using similar ideas, features, functions, or graphics of the Service, (c) remove, change, or replace any trademarks, logos, copyrights, or any other branding elements of ForwardVu or its VADs or VARs, (d) modify, hide, obscure, disable, or otherwise render inoperable any portion of the user interface including, but not limited to, the display of advertisements and promotions within the Service, or (e) copy any ideas, features, functions, or graphics of the Service. If you wish to request ForwardVu’s written approval to do any of the above, please contact ForwardVu by sending an email to support@ forwardvu.ca. You may not use the Service to process Prohibited Data.

 

You may not use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Service, or in any way reproduce or circumvent the navigational structure or presentation of the Service to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Service by ForwardVu.

 

You may not attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any ForwardVu server, or to any of the services offered on or through the Service, by hacking, password “mining,” or any other illegitimate means.

 

You may not probe, scan, or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures of the Service or any network connected to the Service. You may not reverse look-up, trace, or seek to trace any information on any other user of the Service, or any other customer of ForwardVu, including any user account not owned by you, to its source, or exploit the Service or any service or information made available or offered by or through the Service, in any way where the purpose is to reveal any information, other than your own information, as provided for by the Service.

 

You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person’s use of the Service. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to ForwardVu on or through the Service or any service offered on or through the Service. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You may not use the Service or any Content for any purpose that is unlawful or prohibited by these Terms of Use, to solicit the performance of any illegal activity, or for other activity that infringes the rights of ForwardVu or others.

 

You will comply with all applicable laws, and with all industry standards or self-regulatory programs to which you are contractually bound, regarding the collection, processing, transfer, safeguarding, security, and other use of all information and content processed by or used in connection with your use of the Service.

 

You agree not to attempt to do, or assist or permit any third party in doing, any of the acts described above or otherwise prohibited by the Agreement.

 

If you breach these restrictions, or otherwise exceed the scope of the Terms of Use or other rights granted in the Agreement, then you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights.

Account Information and Security

Access to and use of portions of the Service require you to open an account (including setting up a ForwardVu ID and password). To register, you must provide a valid email address as a ForwardVu ID. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify ForwardVu immediately of any unauthorized use of your account or password, or any other breach of security. However, you will be responsible for losses incurred by ForwardVu or any other user of the Service due to someone else using your ForwardVu ID, password, or account.

 

You will not knowingly send or store spam, unlawful, infringing, obscene, or libelous material, or viruses, worms, Trojan horses, and other harmful code.

 

You may not use anyone else’s ForwardVu ID, password, or account at any time without the express permission and consent of the holder of that ForwardVu ID, password, or account. ForwardVu cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

 

By providing us with your email address, you agree to receive all required notices electronically, to that email address. ForwardVu will use this email address in accordance with our Privacy Policy which can be found at www.forwardvu.ca/privacy. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

 

We care about the security of our users.  While we work diligently to protect the security of your account and related information, ForwardVu cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account by emailing support@forwardvu.ca

 

Upon written request, ForwardVu may host all information under a VAD or VAR account within a certain jurisdiction to satisfy specific requirements.  Otherwise, account data and any other data collected from accounts may be stored at locations ForwardVu chooses.

Intellectual Property Ownership

You acknowledge that, as between you and ForwardVu, ForwardVu owns all rights, title, and interest in and to the Service, portions thereof, or software or content provided through or in conjunction with the Service, including without limitation, all Intellectual Property Rights in and to the Service and any protectable suggestions, ideas, enhancements, requests, feedback, and recommendations or other information provided by you or any other party relating to the Service. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions, and restorations thereof, now or hereafter in force and effect worldwide. You agree not to (and agree not to allow third parties to) modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble, or otherwise attempt to derive source code from the Service, or to extract significant portions of Service’s files for use in other applications. You also agree to (and will require third parties to) not remove, obscure, or alter ForwardVu’s or any third party’s copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Service.

No Implied Rights

There are no implied licenses granted in these Terms of Use. All rights not granted herein are expressly reserved by ForwardVu.

Web-based Offering Terms

Access the WFMSaaS is subject to the following terms.

 

Grant of Right to Use Web-based Offering. Subject to the terms and conditions of and your ongoing compliance with the Agreement, including without limitation payment of any applicable annual service and/or support and maintenance fee, ForwardVu hereby grants you a limited, non-exclusive, revocable, non-transferable, non-sublicensable right during the period for which you have paid all applicable fees to permit unlimited access to the WFMSaaS for your internal business purposes. You must ensure that each of your users has agreed to and is bound by the Agreement.

Information Practices

Open communication about our users’ privacy and how we use their information is very important to ForwardVu. As a condition of using any part of the Service, you agree to the terms of the ForwardVu privacy policy which may be updated from time to time, as expressed in the most recent version that exists at the time of your use. The most current version of the ForwardVu Privacy Policy may be found at www.forwardvu.ca/privacy. Information collected by ForwardVu may be stored and processed in Canada or the United States or any other country in which ForwardVu or its agents maintain facilities. By using the Service, you consent to any transfer of that information outside of your country.

 

The technical processing and transmission of Collected Data through the Service may involve: (a) transmissions over various networks, including networks not owned by you or ForwardVu and (b) changes to conform and adapt to technical requirements of connecting networks, devices, or products. You acknowledge and agree that ForwardVu may use any Collected Data as provided in the ForwardVu Privacy Policy.

 

You represent and warrant that you have all necessary rights to permit ForwardVu to engage in this processing of data relating to your use of the Service and Tools and that, where appropriate, you have provided notice to all of your Consenting Users and have obtained appropriate and valid consents from all Consenting Users regarding the collection, processing, and use of their data by you and by or on behalf of ForwardVu.

Additionally, by using the Service, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Service may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

 

While ForwardVu actively adheres to security best practices when handling sensitive data, our users also need to follow common sense practices when using our Service.

Fees and Payments

ForwardVu reserves the right to charge for the Service, and to modify the pricing of, add to, or discontinue the Service with 90 calendar days prior notice.

 

From time-to-time, ForwardVu makes available certain value-added services for a fee. Should you elect to use those services, you agree to pay the required fee, if applicable, as specified in the product, services, registration or purchase pages. If you elect not to pay any fees charged by ForwardVu, ForwardVu has the right to cease providing those services to you. ForwardVu reserves the right to modify the pricing of these services at any time with 90 calendar days prior written notice.

 

The Service may include functionality for activating, updating, or cancelling recurring payments, such as a portion of the Service that requires annual support and maintenance fees. If you activate or update recurring payments through the Service, you authorize ForwardVu to charge, on a going-forward basis and until cancellation (by us or you) of either the annual recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. To cancel your access of any portion of the Service that requires a subscription fee or other recurring payment, you must notify us by email (support@forwardvu.ca) of your decision to terminate your use of that portion of the Service. If you use the Service to update or cancel any existing authorized one-time or recurring payment, it may take up to 10 business days for the update or cancellation to take effect. All fees and charges are non-refundable and there are no refunds or credits for partially used periods. If payment is made via a purchase order or check, you agree to remit the payment before the date specified on the invoice.

 

All monetary transactions on the Service take place in US currency plus applicable taxes unless otherwise indicated.

 

The Service may use third parties to process payments. Our third-party payment processors accept payments through methods detailed on the applicable payment screen, which may include various credit cards. You agree to pay for all products and services that you purchase through the Service and you agree that we may charge your selected payment method, either directly or through the services of a third-party payment processor, for any of those payments. Only those payment methods accepted by our third-party payment processor can be used to purchase products, goods, or services through the Service.

 

You are responsible for paying the appropriate government taxes, fees, and service charges resulting from a transaction occurring through or arising as a result of use of the Service, and any other taxation that may otherwise be required by law.

Trademarks

The ForwardVu trademarks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without ForwardVu’s prior written permission.

 

International Use

You will abide by all applicable laws and regulations regarding use of the Service. ForwardVu, its VADs and VARs, make no representation that the Service is appropriate or available for use in any location. The Service is controlled and operated from within Canada. ForwardVu makes no representations that materials contained within the Service are appropriate or available for use in other locations, and access to the Service from locations where that activity is illegal is prohibited. Those who choose to use the Service from other locations do so on their own initiative and are solely responsible for compliance with all applicable laws.

 

By accessing the Service, you agree that you are responsible for complying with all applicable laws, export and trade and economic sanctions regulations. You further certify that you are not a proscribed end-user or the Service for a proscribed end use or other unauthorized end use.

Internet Delays

THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. FORWARDVU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DATA LOSS, OR OTHER DAMAGE RESULTING FROM THOSE PROBLEMS.

Indemnification

To the fullest extent permitted under applicable law, you are responsible for your use of the Service, and you will defend and indemnify ForwardVu from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your access to, and use of, the Service, including use of any portion of the Service with or for Consenting Users or other individuals or entities; (b) your violation of any portion of these Terms of Use, any representation, warranty, or agreement referenced in these Terms of Use, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. ForwardVu reserves the right, at ForwardVu’s own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.

Disclaimer of Warranties

ForwardVu disclaim any responsibility for any harm resulting from your use (or use by your employees, agents or contractors) of the Service and/or any third-party software or content accessed in conjunction with or through the Service.

 

FORWARDVU DOES NOT PROMISE THAT THE SERVICE OR ANY CONTENT, COMPONENT, OR FEATURE OF THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SERVICE WILL PROVIDE SPECIFIC RESULTS. THE SERVICE IS DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON OR VIA THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. FORWARDVU CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. FORWARDVU, ITS VADS AND VARS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF ACCURACY, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. FORWARDVU AND ANY THIRD PARTY THAT MAKES ITS SOFTWARE OR CONTENT AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICE AND THAT THIRD-PARTY SOFTWARE OR CONTENT. FORWARDVU DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE.

 

YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST FORWARDVU FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE AND NOTIFY FORWARDVU OF YOUR INTENT TO CANCEL THE SERVICE. THIS LIMITATION OF REMEDY IS A PART OF THE BARGAIN BETWEEN THE PARTIES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE SERVICE AND CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR OTHER DEVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SERVICE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL FORWARDVU, ITS VADS AND VARS, BE LIABLE TO YOU OR ANY OTHER USER ON ACCOUNT OF ANY USE OR MISUSE OF THE SERVICE OR CONTENT. FORWARDVU WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE (EVEN IF FORWARDVU HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES).

 

THIS LIMITATION OF LIABILITY WILL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICE AND CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE, FROM INABILITY TO USE THE SERVICE OR CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE AND CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE, OR THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES.

 

Without limiting the generality of the foregoing, you agree that ForwardVu is not responsible for any loss arising out of, or in any way connected with: (a) delay or inability to access or use the Service; (b) the transmission of any computer virus, however occurring; (c) any transaction entered into through the Service; (d) any infringement of rights, including Intellectual Property Rights; (e) termination of your user account or membership; or (f) any delays, interruptions, inaccuracies, errors, omissions, or cessation of the Service.

 

If, notwithstanding the provisions of this section, a court of competent jurisdiction holds ForwardVu liable in respect of any matters arising under or incidental to the Agreement, FORWARDVU’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE AGREEMENT OR YOUR USE OF THE SERVICE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, WILL IN NO EVENT EXCEED THE AMOUNT PAID BY YOU FOR USING THE SERVICE DURING THE 12 MONTHS PRECEDING YOUR CLAIM.

 

THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Governing Law; Disputes

The Agreement and any dispute that may arise related to the Agreement are governed by Canadian law. All claims arising out of or relating to the Agreement must be litigated exclusively in the federal or provincial courts of Ontario and you consent to venue and personal jurisdiction there for the purposes of litigating all claims related to the Agreement. If for any reason a court of competent jurisdiction finds any provision or portion of the Agreement to be unenforceable, the remainder of the Agreement will continue in full force and effect.

Miscellaneous

The Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding that subject matter. Any waiver of any provision of the Agreement will be effective only if in writing and signed by ForwardVu.

Feedback

If you have comments on the Service or ideas on how to improve it, please send email to support@forwardvu.ca . Please note that by doing so, you also grant ForwardVu permission to use and incorporate your ideas or comments into the Service without further compensation or approval.

 

The information contained in this web site is subject to change without notice.


Copyright © 2022 ForwardVu Solutions.  All rights reserved.