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:
- 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;
- impersonate any person or entity or falsely state or otherwise misrepresent your
affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the
origin of any content transmitted through the Service or FormArmor.com;
- 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;
- reverse engineer, decompile or disassemble any of the software used to provide
the Service or FormArmor.com;
- 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;
- 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:
- breaches or violations of the Terms or other incorporated agreements or
guidelines;
- requests by law enforcement or other government agencies;
- discontinuance or material modification to the Service (or any part thereof);
- unexpected technical issues or problems; or
- 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