Terms and Conditions of Service

Idea Catchers Group, LLC (“ICG”) provides its services to you subject to the following terms and conditions (“Terms”), which may be updated from time to time with or without notice to you. You may review the current Terms at any time at this page (http://www.formarmor.com/terms.aspx). If you do not agree to these Terms or any part thereof, your only remedy is to not use ICG’s services. ICG reserves the right to refuse service to anyone for any reason and at any time.

About the Service

ICG operates the Form Armor Web site at http://www.formarmor.com (“FormArmor.com”) and provides its associated data collection and verification software and services to block spam, abusive, and malicious submissions made via Web site forms (collectively, the “Service”). The Service also includes communications from ICG such as service announcements, administrative messages, and newsletters. These communications are considered part of your subscription and you may not opt-out of receiving them.

All accounts are subject to reasonable limits of transaction activity, subject to the sole discretion of ICG. High volume accounts may be subject to additional fees other than those posted at FormArmor.com.

While we will provide our best efforts to deliver accurate results in identifying spam, abusive or malicious submissions, we cannot and do not guarantee the Service will be 100% accurate 100% of the time.

Technical support for the Service is provided via email. We will use commercially reasonable efforts to respond to requests within a reasonable amount of time during regular business hours.

About Your Account

In order to establish an “Account” for the Service, you must a) agree to these Terms, b) provide true, accurate, current and complete information as required by the Service’s registration forms (collectively, “Account Information”), and c) maintain and promptly update your Account Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if ICG has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ICG retains the right to suspend or terminate your Account and refuse any and all current or future use of the Service (or any portion thereof).

Account Information and certain other information submitted via the Service are subject to our Privacy Policy. You may review our Privacy Policy here.

Payments, Refunds and Subscription Changes

Subscription fees (“Fees”) for your use of the Service will be automatically billed via the credit card or other electronic payment authorization that you provided in your Account Information.

Fees are billed in advance for the upcoming month’s Service based on our current Pricing Schedule, the subscription plan selected, and, where applicable, the current number of domains and/or forms included in your Account. You will be billed for your first month immediately upon signing up for an Account, with subsequent months billed on the 30th day after your Account was initially created.

Fees are subject to change at any time upon 30 days notice from us. Notice will be provided to you via the email address listed in your Account Information.

ICG offers a 100% satisfaction guarantee (“Satisfaction Guarantee”). If you are unsatisfied with the Service for any reason, you may contact us to request a full refund within your first 60 days of Service and we will cancel your Account without further obligation. UNDER NO CIRCUMSTANCES WILL ANY REFUND EXCEED THE EQUIVALENT OF SIXTY DAYS OF SERVICE FOR YOUR ACCOUNT.

If you wish you change or cancel your subscription to the Service, you may do so at any time by submitting a request via FormArmor.com. Cancellation of your Account will result in the immediate deactivation and/or deletion of your Account and associated information. Information cannot be recovered by ICG once your Account has been cancelled and ICG assumes no liability for the loss of such information.

Unless specifically requested under the Satisfaction Guarantee, no refunds or credits will be issued for partial months of Service, plan upgrades or downgrades, or unused months of Service.

Your Responsibilites

You agree to use FormArmor.com and the Service only for lawful purposes, and in compliance with all applicable U.S. and international laws and treaties. The transmission, distribution or storage of any information, data or material that violates any U.S. federal or state regulation or law or any international law or treaty is prohibited. This includes, but is not limited to, material protected by copyright, trade secret or any other statute, and threatening or obscene material.

You are responsible for maintaining the confidentiality of your password and Account. You agree to notify ICG immediately of any unauthorized use of any password or Account or any other known or suspected breach of security.

You are also responsible for obtaining, using and maintaining the security of any equipment and ancillary services needed to connect to, access or otherwise use FormArmor.com and the Service, including, without limitation, Internet access, hardware, software, Internet browsers, operating systems and networking devices (collectively, “Equipment”). You are also responsible for ensuring that such Equipment is compatible with FormArmor.com and the Service.

As a condition of use of FormArmor.com and the Service, you agree not to:

  1. tamper with the Service, FormArmor.com, Accounts or system resources, nor devise ways to circumvent security including, but not limited to, scanning or probing our network or other networks with the intent to breach and/or evaluate security;
  2. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  3. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service or FormArmor.com;
  4. upload, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  5. reverse engineer, decompile or disassemble any of the software used to provide the Service or FormArmor.com;
  6. interfere with or disrupt the Service or FormArmor.com, or any servers or networks connected to the Service or FormArmor.com, or disobey any requirements, procedures, policies or regulations of networks connected to the Service or FormArmor.com;
  7. reproduce, duplicate or copy or exploit any portion of the Service or FormArmor.com, without the express written permission of ICG;

API Usage

Premium Accounts may access the Service via an Application Program Interface (“API”). Abusive or excessively frequent requests to the Service via the API may result in the temporary or permanent suspension of your Account. ICG, in its sole discretion, will determine what constitutes abusive or excessive usage of the API. ICG reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.

License Grants & Restrictions

ICG hereby grants you a non-exclusive, non-transferable, worldwide right to access and use FormArmor.com and the Service, via supported browsers through the Internet or via the API, for your own internal purposes and subject to the Terms. You may not permit the Service to be used by or for the benefit of unauthorized third parties. Nothing in the Terms shall be construed to grant you any right to transfer or assign rights to access or use the Service. ICG reserves all rights not expressly granted to you. Unless expressly authorized in writing by ICG, you may not license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make the Service or FormArmor.com available to any third party in any way. You further acknowledge and agree that ICG owns all right, title, and interest in and to the Service and FormArmor.com, including all intellectual property rights therein.

Termination

You agree that ICG may, under certain circumstances and without prior notice, immediately terminate your Account and access to the Service and FormArmor.com. Cause for such termination shall include, but not be limited to:

  1. breaches or violations of the Terms or other incorporated agreements or guidelines;
  2. requests by law enforcement or other government agencies;
  3. discontinuance or material modification to the Service (or any part thereof);
  4. unexpected technical issues or problems; or
  5. extended periods of inactivity on your Account

You agree that all terminations for cause shall be made in ICG’s sole discretion and that ICG shall not be liable to you or any third-party for any termination of your Account or access to the Service. In the event of termination for cause, all fees previously paid to ICG are non-refundable.

Disclaimer of Warranties

FORMARMOR.COM AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ICG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ICG ASSUMES NO RESPONSIBILITY FOR THE SECURITY, RELIABILITY, TIMELINESS OR PERFORMANCE OF THE SERVICE OR FOR THE DELETION, MIS-DELIVERY OR FAILURE TO STORE OR TRANSMIT ANY DATA. YOU UNDERSTAND AND AGREE THAT YOUR USE OF FORMARMOR.COM OR THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OF DATA OR PROFITS THAT RESULT FROM YOUR USE OF FORMARMOR.COM OR THE SERVICE.

Limitations of Liability

IN NO EVENT WILL ICG BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA OR PROFITS OR FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RELATED TO YOUR USE OF FORMARMOR.COM OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

FURTHER, YOU AGREE TO DEFEND, HOLD HARMLESS AND INDEMNIFY ICG AND ITS OFFICERS, AGENTS AND EMPLOYEES FROM ANY LIABILITY, CLAIM, LOSS, DAMAGE OR EXPENSE ARISING OUT OF YOUR BREACH OR VIOLATION OF THESE TERMS OR THE RESULTS FROM YOUR USE OR MISUSE OF THE SERVICE, YOUR CONNECTION TO THE SERVICE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.

General Terms and Conditions

These Terms shall be interpreted according to the laws of the state of Texas. If any provision of the Terms is held to be illegal, invalid, or unenforceable under any present or future law, the provision will be fully severable and the Terms will be construed and enforced as if the illegal, invalid or unenforceable provision had never been a part of the Terms. Remaining provisions of the Terms will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance.

Both parties agree to submit all disputes related to the Terms to binding arbitration in Dallas County, Texas, and both parties expressly agree that the prevailing party in any arbitration will be entitled to reasonable attorneys’ fees, costs and expenses.

These Terms constitute our entire agreement regarding this matter and supersede all prior agreements, discussions or representations, whether written or oral. Any waiver of any provision of the Terms will be effective only if in writing and signed by an authorized representative of ICG.

Questions about these Terms should addressed to legal@ideacatchers.com or sent by postal mail to:

Idea Catchers Group, LLC
PMB #27690
P.O. Box 660675
Dallas, Texas 75266-0675