Terms of Service

Last updated: 07/06/2022

1. ForagerOne, LLC (“ForagerOne”, or “we”) offers Symposium™ by ForagerOne, a software-as-a-service application for organizing and hosting virtual and hybrid events, including any services, support or implementation relating thereto.

   These Terms of Service (“Terms”) govern your use of the web pages located at www.symposium.foragerone.com (altogether, the “Service”).

   BY CLICKING “CONFIRM” ELECTRONICALLY AGREEING TO THESE TERMS, YOU AFFIRM TO FORAGERONE THAT:

   • ✓ YOU ARE ABLE AND LEGALLY COMPETENT TO ENTER INTO CONTRACTS
   • ✓ YOU UNDERSTAND AND AGREE TO THESE TERMS AND FORAGERONE’S PRIVACY POLICY (https://symposium.foragerone.com/privacy-policy)
   
   

   IF YOU USE THE SERVICE OR AGREE TO THESE TERMS ON BEHALF OF A LEGAL ENTITY, THEN YOU REPRESENT TO FORAGERONE THAT YOU HAVE THE AUTHORITY TO BIND THAT LEGAL ENTITY TO THESE TERMS.

   IF YOU DO NOT AGREE TO THESE TERMS OR DO NOT HAVE THE AUTHORITY TO AGREE TO THESE TERMS, THEN YOU ARE NOT AUTHORIZED TO USE THE SERVICE. Please let us know by emailing us at [email protected] so we can try to find a solution.

2. Purchases

   If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

   You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

   We do not store or collect payment card details. That information is provided directly to our third-party payment processors which use of your Personal Data pursuant to their respective Privacy Policies. Currently, Stripe processes payment card transactions on our behalf. Stripe’s Privacy Policy is available at: https://stripe.com/us/privacy.

   We reserve the right to refuse or cancel your order at any time due to product or service availability, errors in the description or price of the product or service, error in your order, if fraud or an unauthorized or illegal transaction is suspected or detected or a similar reason.

3. Subscriptions

   Some parts of Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing Cycles are set on an annual basis. Pricing for the Services can be found at https://symposium.foragerone.com/pricing.

   A valid payment method, such as a credit card, ACH/direct deposit, or check, is required to process the payment for your subscription. You shall provide ForagerOne with accurate and complete billing information, including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you authorize ForagerOne, LLC to charge all Subscription fees incurred through your account to any such payment instruments.

   ForagerOne, LLC may issue an electronic invoice for manual payments by credit card, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

   Except when required by law, Subscription fees are non-refundable.

4. Fee Changes

   ForagerOne may modify fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

   ForagerOne will provide you with a reasonable prior written notice via email to the email address linked to your account of any change in Subscription before the change becomes effective.

   Your continued use of the Service after a Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee.

5. Content

   The Service contains links, information, text, graphics, videos and other material (“Content”).

   As between you and ForagerOne, you are and will remain the sole and exclusive owner of all right, title and interest in and to all of the Content that you post, upload or otherwise provided to or through the Service (“your Content”). You hereby irrevocably grant to ForagerOne all rights and permissions in or relating to your Content as ForagerOne determines necessary or useful to perform the Service, enforce these Terms or otherwise exercise ForagerOne's rights and perform ForagerOne's obligations.

   You are responsible for your Content posted on or through Service, including its legality, reliability and appropriateness. By submitting your Content to the Service, you represent and warrant that you have the right to use it and the right to grant us the rights provided in these Terms.

   You also represent and warrant that your Content: (i) does not: violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity or applicable law; (ii) contain spam, “phishing” or other unsolicited commercial messages; (iii) v) include any virus, Trojan horse, worm, back door, trap door, time bomb, drop-dead device, timer, clock, counter or other limiting routine, as well as other software or hardware designed to disable, erase or otherwise harm software, hardware or data (“Malicious Code”) or (iv) include any content that is abusive, harmful, deceptive, fraudulent, misleading, malicious, harassing, threatening, discriminatory, bullying, excessively profane, obscene, defamatory, libelous, promotes or glamorizes alcohol abuse, illegal drug use or use of tobacco products, incites harm or violence, is intended to intimidate, cause safety concerns (collectively “Inappropriate Content”).

   You are responsible for protecting your rights on your Content. We take no responsibility and assume no liability for your Content. By submitting your Content to the Service, you hereby grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute your Content on and through Service. You agree that this license includes the right for us to make your Content available to other users of Service, who may also use your Content subject to these Terms.

   As between ForagerOne and you, ForagerOne is and will remain the sole and exclusive owner of all right, title and interest in and to the Service, including all intellectual property rights therein and data generated by and from to use of the Service (“Usage Data”) but excluding your Content. You hereby unconditionally and irrevocably grant to ForagerOne any right, title and interest you may have in and to Usage Data.

   You hereby grant to ForagerOne a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sub-licensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of and otherwise exploit in any manner all ideas, suggestions, documents, proposals or other feedback about the Service submitted to ForagerOne (“Feedback”). You also acknowledge and agree that ForagerOne may publish your Feedback on its website.

   With respect to Content made available to or through the Service by third parties (“Third-Party Content”), the applicable third-party providers own all right, title and interest, including all intellectual property rights, in and to their Third-Party Content. You have no right, license or authorization with respect to Third-Party Content except as expressly set forth in the applicable third-party license. All other rights in and to the Third-Party Content are expressly reserved by the applicable third party.

   Subject to these Terms, ForagerOne and you each grant the other the right to use and display each other’s name and logos (the “Marks”) in promotional materials (including websites) solely in connection with the Service and in accordance with relevant written usage guidelines. All such use will inure to the benefit of the Marks’ owner. ForagerOne and you each agree not to use, register or take other action with respect to the other’s Marks unless expressly agreed in writing. In using the Marks, ForagerOne and you agree to use the then-current Marks and not add to, delete from or modify the Marks or misrepresent the relationship between ForagerOne and you.

   ForagerOne has the right but not the obligation to monitor Content and reserves the right in its sole discretion to screen, reject, not transmit or remove from the Service any Content. You may not distribute, modify, transmit, reuse, download, repost, copy, or use any Content that is not your Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

6. Prohibited Uses

   You may use the Service only for lawful purposes and in accordance with Terms. You agree not to use Service to:

   1. copy, modify, frame, mirror or create derivative works or improvements of the Service;

   2. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available any part of the Service to any third party, including on or in connection with the internet or any time-sharing, service bureau, software as a service, cloud or other technology or service;

   3. reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive or gain access to the source code of the Service, in whole or in part;

   4. bypass or breach any security device or protection used by the Service or access or use the Service other than through the use of your own valid credentials;

   5. input, upload, transmit or otherwise provide to or through the Service, any information or materials that are unlawful or injurious;

   6. damage, destroy, disrupt, disable, impair or otherwise impede or harm in any manner the Service or our provision of the Service, in whole or in part;

   7. remove, delete, alter or obscure any copyright, trademark, patent or other intellectual property or proprietary rights notice from the Service or Third-Party Content, including any copy thereof;

   8. access or use the Service or Third-Party Content in any manner or for any purpose that infringes, misappropriates or otherwise violates any right of any third party (including by any unauthorized access to, misappropriation, use, alteration, destruction or disclosure of the data of any other customer) or that violates any applicable law;

   9. use or permit use of the Service to transmit Inappropriate Content or Malicious Code;

   10. access or use the Service for purposes of competitive analysis of the Service, the development, provision or use of a competing product or service or any other purpose that is to our detriment or commercial disadvantage;

   11. to impersonate or attempt to impersonate any person or entity;

   12. to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm or offend users of Service or expose them to liability, including:

       • attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which the Service is stored, or any server, computer, or database connected to the Service;

       • attack the Service via a denial-of-service attack or a distributed denial-of-service attack;

       • otherwise access or use the Service beyond the scope of the authorization expressly granted under these Terms.

7. Accounts

   When you create an account with us, you represent to us that the information you provide is accurate, complete and current and you will maintain it as accurate, complete, and current. Inaccurate or incomplete information may result in the immediate termination of your account.

   You are responsible for maintaining the confidentiality of your account and password You are responsible for all activities that occur under your account and/or password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

   You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

   We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

   By creating an account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. You may opt out of receiving any of these communications from us by using the unsubscribe link in the email or by sending us an email to [email protected].

8. Links To Other Websites and Services

   The Service may contain links to third-party websites or services that are not owned or controlled by ForagerOne.

   ForagerOne has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services.

   YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT AND SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH THIRD-PARTY WEBSITES OR SERVICES.

   WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.

9. Disclaimer Of Warranty and Limitation of Liability

   THE SERVICE IS PROVIDED BY FORAGERONE ON AN “AS IS” AND “AS AVAILABLE” BASIS. FORAGERONE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE, CONTENT OR ANYTHING OBTAINED THROUGH THE SERVICE IS AT YOUR SOLE RISK.

   NEITHER FORAGERONE NOR ANY PERSON ASSOCIATED WITH FORAGERONE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE OR CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER FORAGERONE NOR ANYONE ASSOCIATED WITH FORAGERONE REPRESENTS OR WARRANTS THAT THE SERVICE OR CONTENT, OR ANYTHING AVAILABLE THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

   FORAGERONE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

   THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

   UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT OR OTHERWISE, WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY CHARACTER, INCLUDING DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOST SALES OR BUSINESS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOST DATA OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES, EVEN IF SUCH PARTY HAD BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

   UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WILL FORAGERONE BE LIABLE TO YOU FOR ANY DIRECT DAMAGES, COSTS OR LIABILITIES IN EXCESS OF THE AMOUNTS PAID BY YOU DURING THE TWELVE (12) MONTHS PRECEDING THE INCIDENT OR CLAIM OR $500, WHICHEVER IS GREATER. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FORAGERONE AND YOU. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

   If you are a California resident, you hereby expressly waive any rights you may have under California Civil Code Section 1542, which states “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

10. Termination

    We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

    All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, indemnification obligations, warranty disclaimers, and limitations of liability. If you wish to terminate your account, you may request us to delete your account by emailing us at [email protected].

    All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

11. Governing Law

    These Terms shall be governed and construed in accordance with the laws of State of Delaware without regard to its conflict of law provisions.

    Our failure to enforce any right or provision of these Terms is not a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements regarding Service.

    WAIVER OF JURY TRIAL: THE COMPANY AND CUSTOMER WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING BASED UPON, OR RELATED TO, THE SUBJECT MATTER OF THIS LEASE. THIS WAIVER IS KNOWINGLY, INTENTIONALLY, AND VOLUNTARILY MADE BY CUSTOMER AND CUSTOMER ACKNOWLEDGES THAT NEITHER COMPANY NOR ANY PERSON ACTING ON BEHALF OF COMPANY HAS MADE ANY REPRESENTATIONS OF FACT TO INDUCE THIS WAIVER OF TRIAL BY JURY OR IN ANY WAY TO MODIFY OR NULLIFY ITS EFFECT. CUSTOMER FURTHER ACKNOWLEDGES THAT IT HAS BEEN REPRESENTED (OR HAS HAD THE OPPORTUNITY TO BE REPRESENTED) IN THE SIGNING OF THIS AGREEMENT. CUSTOMER FURTHER ACKNOWLEDGES THAT IT HAS READ AND UNDERSTANDS THE MEANING AND RAMIFICATIONS OF THIS WAIVER PROVISION.

12. Changes To Service

    We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

13. Amendments To Terms

    You acknowledge and agree that ForagerOne has the right to modify these Terms from time to time to reflect changes to the Service, industry requirements or applicable law. ForagerOne will notify you at least ten (10) business days in advance of material modifications to these Terms that reduce legal rights. ForagerOne will send notifications of material modifications by email using the email addresses associated with your account and through a notice posted in the Service. For non-material modifications, ForagerOne will notify you by posting a notice in the Service. Continued use of the Service after the end of the notice period specified in the notification is deemed conclusive acceptance of the Terms as modified. You acknowledge and agree that changes to applicable law may prevent ForagerOne from providing advance notification.

14. Waiver And Severability

    No waiver by ForagerOne of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of ForagerOne to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

    If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

15. Notices

    ForagerOne requires that you maintain as current the email address associated with your account. If your email address is not valid for any reason, ForagerOne’s dispatch of an email to the email address associated with your account with confirmed delivery containing a legal notice will constitute effective notice.

    You may give any notice required under these Terms (i) to ForagerOne at the following address: 4 Michael Dr., Burlington, MA 01803 (delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address) and by sending an email (with confirmed delivery) to [email protected] with the “Legal Notice” in the subject line; and (ii) to you, at the address in the Order Form (delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address) and by sending an email (with confirmed delivery) to the email address(es) associated with your account. Any mailed notice shall be deemed given when received.

16. Entire Agreement

    Except as provided in these Terms (including documents incorporated herein by reference), these Terms supersede all prior and contemporaneous proposals, statements, sales materials or presentations and agreements, oral and written with respect to the subject matter hereof. No oral or written information or advice given by ForagerOne, its agents or employees will create a warranty or in any way increase the scope of the warranties in these Terms.

17. Electronic Communications

    The communications between you and ForagerOne may use electronic means. Except as prohibited by applicable law, you (a) consent to receive communications from ForagerOne in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that ForagerOne electronically provides to you satisfy any legal requirement that such communications would satisfy if it were to be in writing.

18. Force Majeure

    No failure, delay or default in performance of any obligation of a party shall constitute an event of default or breach of these Terms to the extent that such failure to perform, delay or default arises out of a cause, existing or future, that is beyond the control and without negligence of such party, including action or inaction of governmental, civil or military authority; fire; strike, lockout or other labor dispute; flood, terrorist act; war; riot; theft; earthquake and other natural disaster. The party affected by such cause shall take all reasonable actions to minimize the consequences of any such cause.

19. Assignment

    You will not assign or otherwise transfer these Terms, in whole or in part, without our prior written consent. Any attempt to assign, delegate or transfer in violation of this subsection will be null and void. These Terms will be binding on both of us and our respective successors and assigns.

20. Relationship

    We are independent contractors in the performance of each and every part of these Terms. Nothing in these Terms is intended to create or shall be construed as creating an employer-employee relationship or a partnership, agency, joint venture, or franchise. We are and will be solely responsible for our respective employees and agents and respective labor costs and expenses arising in connection with those employees and agents.

21. US Government Rights

    The Service is a "commercial item" as defined at 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212. Accordingly, if you are agency of the US Government or any contractor therefor, you only receive those rights with respect to the Service as are granted to all other customers and users under license, in accordance with (i) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (ii) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors

22. Contact Us

    Please send your feedback, comments, requests for technical support:
    By email: [email protected].
    By visiting this page on our website: https://foragerone.com/contact.