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Last Updated Date: February 12, 2024
Welcome to Forage! These Terms of Service (“Terms”) are a binding legal agreement between you and Forage B.V., a company based in the Netherlands (“Forage,” “Us,” “Our,” and “We”) that govern your use of our website (“Website”); our mobile applications, including App Clips on iOS (each an “App”, and collectively, the “Apps”); and any services, content, and resources made available or enabled via the Website or an App (collectively, the “Services”).
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Services.
Forage provides App Clips that allow you to engage with our Partners and make direct purchases from our Partners without having to install or download any mobile application on your device. Our Apps also enable you to place orders from Partners, and access links to our Partners’ websites, where you can view and manage your previous orders for products placed from our Partners.
Please also read our Privacy Policy to learn more about how your submitted content and information is handled by Forage. We reserve the right to make changes to the Terms at any time and will notify you of any such changes by posting the updated Terms on the Website. Your continued use of the Services following the posting of any changes to the Terms constitutes your acceptance of such changes.
By using the Services, you represent and warrant that: (a) you are at least 18 years old; (b) you have the right, authority, and capacity to enter into these Terms and to abide by all of the terms and conditions set forth herein; (c) you will use the Services in accordance with these Terms; (d) you will only use the Services for lawful purposes; and (e) your use of the Services does not violate any applicable law or regulation.
Forage makes no representations or warranties of any kind, express or implied, as to the operation of the Services or the information, content, materials, or products included on the Services. You expressly agree that your use of the Services is at your sole risk.
The Services may include links to other websites or resources. You acknowledge and agree that Forage is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. The inclusion of any link on the Services does not imply endorsement by Forage of the linked website.
Forage reserves the right to modify, discontinue, or suspend the Services or any portion thereof, at any time, without notice and without liability to you.
You agree to indemnify, defend, and hold harmless Forage, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of your violation of these Terms or your use of the Services.
These Terms are governed by and construed in accordance with the laws of the Netherlands, without giving effect to any principles of conflicts of law. Any dispute arising from or relating to the use of the Services or these Terms will be resolved exclusively in the courts located in the Netherlands.
The remaining provisions of these Terms of Service shall remain in full force and effect. Our failure to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
In the event that any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
These Terms of Service and any policies or operating rules posted by us on the Website or through the Services constitute the entire agreement and understanding between you and Forage. These Terms of Service supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Forage.
A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You may not assign these Terms of Service or transfer any rights to use the Services without our prior written consent, and any attempted assignment without such consent will be null and void. We may assign these Terms of Service or transfer any rights to use the Services without restriction.
The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
These Terms of Service shall be governed by and construed in accordance with the laws of the Netherlands, without giving effect to any principles of conflicts of law. Any legal action or proceeding arising under these Terms of Service shall be instituted in a court in the Netherlands.
Contact Information. If you have any questions regarding these Terms of Service, please contact us at info@getforage.co.
The Services and the information and content available on the Services (collectively referred to as "Forage Properties") are protected by international copyright laws. In accordance with these Terms, Forage grants you a limited licence to reproduce parts of the Forage Properties for the sole purpose of personal use with the Services. Your right to use the Forage Properties is subject to these Terms, unless otherwise specified by Forage in a separate licence. It is important to note that the Forage Properties are constantly evolving, and Forage may require you to accept updates to the Properties, including those installed on your computer or mobile device, without prior notification. You may also need to occasionally update third-party software to continue using the Forage Properties.
Forage grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable licence to use the App, subject to your compliance with these Terms. You can download, install, and use one copy of the App on a single device you own or control, and use it solely for your personal use. If you access the App through the Apple App Store, you can only use it on an iOS-powered Apple device, and only in accordance with the "Usage Rules" outlined in the Apple App Store Terms of Service. If you access the App through the Google Play store, you may have additional licence rights to share the App within your designated family group.
(a) General. By agreeing to these Terms or using the Forage Properties, you consent to receiving communications from us, including through email, text message, calls, and push notifications. You acknowledge that these texts, calls, or pre-recorded messages may be generated by automated telephone dialling systems. Our communications may include, but are not limited to: (i) operational communications related to your use of the Forage Properties; (ii) updates regarding new and existing features on the Forage Properties; (iii) communications regarding promotions run by us, our partners, or other third-party partners; and (iv) news regarding Forage and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send to you.
(b) Marketing and Promotional Emails. We may send you marketing or promotional email messages. If we do, you have the option to opt-out of receiving these communications by following the instructions in this section. You acknowledge that consenting to receive promotional emails is not a requirement for using the Forage Properties or related services. If you wish to opt-out of receiving promotional email communications from us, you can unsubscribe from our promotional email list by following the unsubscribe options in the promotional email itself.
(c) Marketing SMS and Text Messages. You may have the option to provide us with your contact information and sign up for a SMS messaging service (an “SMS Messaging Service”) on the Website or via an App. If you opt-in to an SMS Messaging Service, you may consent to receiving texts (including marketing texts) from us at the mobile number you provided at opt-in, including, but not limited to: communications regarding new and existing features of our Services, and communications regarding promotions run by us or our partners. If you opt-in to one of our SMS Messaging Services, we will send you an SMS message to confirm your sign-up. You can cancel the SMS Messaging Service at any time by texting “STOP” to the telephone number or short code we used to contact you. We may change any short code or telephone number used to operate our SMS service at any time, and we will not be responsible for honouring requests made in messages sent to a short code or telephone number that we have changed. If you wish to opt-out of promotional calls or texts, you may text “END” to the telephone or short code we used to contact you. You acknowledge that consenting to receive promotional texts or calls is not a requirement for using the Forage Properties or related services.
For contractual purposes, you: (a) consent to receive communications from Forage electronically; and (b) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Forage provides to you electronically satisfy any legal requirements that such communications would satisfy if they were in writing.
Forage Properties can be used to purchase products, services, or merchandise from our Partners (“Partner Products”). The terms of purchase, payment, warranties, guarantees, maintenance, delivery, and all other matters related to Partner Products are solely between you and the relevant Partner. Forage does not make any warranties or representations regarding Partner Products. Forage is not a party to the transaction and is not liable for any costs or damages arising from it, whether directly or indirectly. When you purchase Partner Products through the Services, you enter into a contract directly with the relevant Partner. Payment for Partner Products will be processed in accordance with the Partner's terms of service. By placing an order through one of our Apps or by providing payment information, you authorise Forage to direct the relevant Partner to invoice you for all fees and charges related to the purchase of Partner Products, without the need for further notice or consent.
Forage Properties may contain links to third-party websites and applications (“Third-Party Services”). When you click on a link to a Third-Party Service, you will leave the Forage Properties and be subject to the terms and conditions of the new website or destination. Forage is not responsible for any Third-Party Services and provides links only as a convenience. Forage does not review, approve, monitor, endorse, warrant, or make any representations regarding Third-Party Services or any product or service provided by them. Using links to Third-Party Services is at your own risk. When you leave the Forage Services, these Terms and policies no longer apply. Before proceeding with any transaction with any third party, you should review the applicable terms and policies, including privacy and data gathering practices, of the Third-Party Services.
To access specific features of the Forage Properties, such as making purchases through one of the Apps, you may need to create an account and provide personal information, like your name, phone number, email address, or age (referred to as “User Information”). If you are asked to create an account or provide information before making a purchase through an App, you agree to: (a) provide accurate and up-to-date User Information and other details as requested; and (b) if necessary, regularly update your account and User Information to keep it accurate. You declare that you are: (i) at least thirteen (13) years old; (ii) legally old enough to form a binding contract; and (iii) not restricted from using Forage Properties by any laws of the Netherlands, your place of residence, or any other applicable jurisdiction. You are responsible for your use of the Services and all activities under your account. You agree to monitor your account to prevent minors from using it, and accept full responsibility for any unauthorised use by minors. You may not share your account with anyone else and must immediately notify Forage of any unauthorised use of the Services or any security breach. If any information you provide is false, outdated, inaccurate, or Forage has reason to believe the information is false, outdated, or inaccurate, Forage has the right to suspend or terminate your access to the Services and refuse all current and future use of Forage Properties (or any portion of it). You agree not to create an account or place orders through the Services using a false identity or information, or on behalf of someone else. You may not use the Forage Properties if you have been removed by Forage previously or banned from any of the Forage Properties.
We allow you to access the Forage Properties through your account with third-party services, like your Apple ID or Google Account (referred to as “Third Party Account”). You may be able to make payments for Partner Products using your Third Party Accounts (such as through Apple or Google Pay). If you access the Forage Properties through a Third Party Account, you agree to allow Forage to access that account, as permitted by the terms and conditions governing your use of the Third Party Account. You declare that you are authorised to disclose your Third Party Account login information to Forage and/or give Forage access to it (including, but not limited to, for the purposes described here) without violating any terms and conditions governing your use of the Third Party Account and without requiring Forage to pay any fees or be subject to any usage restrictions imposed by the third-party service providers. Please note that your relationship with the third-party service providers associated with your Third Party Account is governed solely by your agreement(s) with such third-party service providers, and Forage is not responsible for any personally identifiable information that may be provided to it by such third-party service providers in violation of the privacy settings you have set in the Third Party Accounts.
You acknowledge that all information, data, text, messages, and other materials available through Forage Properties (referred to as "Content"), including the properties themselves, are the sole responsibility of the party from whom it originated. This means that you, and not Forage, are fully responsible for all Content that you upload, post, email, transmit, or otherwise make available through the properties (referred to as "Your Content"), and that you and other users of the properties, and not Forage, are similarly responsible for all Content that you and they make available through the properties (referred to as "User Content").
You acknowledge that Forage has no obligation to pre-screen Content, including User Content, but Forage reserves the right to do so at its discretion and to refuse or remove any Content. By entering into these terms, you give your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy in regards to the transmission of Your Content. If Forage does pre-screen, refuse or remove any Content, it is for Forage's benefit and not yours. Forage has the right to remove any Content that violates these terms or is otherwise objectionable. Forage has no obligation to store any of Your Content that you make available on the properties. Forage has no responsibility or liability for the deletion or accuracy of any Content, including Your Content, or for the failure to store, transmit, or receive the transmission of Content, or for the security, privacy, storage, or transmission of other communications related to the use of Forage Properties.
Some Services may allow you to specify the level of access to Your Content, such as determining who can see the orders you place through the Services. You are solely responsible for setting the appropriate level of access for Your Content. If you do not make a choice, the system may default to the most permissive setting. For more information, please review our privacy policy."
You agree that Forage and its suppliers, excluding Your Content and User Content, own all rights, title, and interests in the Forage Assets (including but not limited to computer code, themes, objects, characters, character names, stories, dialogue, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, documentation, and Forage software). You will not remove, change or hide any copyright, trademark, service mark or other proprietary rights notices that are part of the Forage Assets.
Forage will retain all rights, title, and interests in its trademarks, graphics, logos, service marks, trade names, and other brand elements (collectively known as "Trademarks"). These Trademarks may not be used without permission, including in connection with your or any third-party products or services. Any other trademarks, service marks, and trade names that appear on or in the Forage Assets are the property of their respective owners.
Forage does not claim ownership of Your Content. However, when you post or publish Your Content on or in the Forage Assets, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and licence to use, licence, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other compensation from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it into other works in any form, media, or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.
Subject to any privacy settings you select, you grant Forage a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right (including any moral rights) and licence to use, licence, distribute, reproduce, modify, publicly perform, and publicly display Your Content (in whole or in part) for the purpose of operating and providing the Forage Assets to you and other users. Keep in mind that other users may search for, see, use, modify, and reproduce any of Your Content that you submit to any "public" area of the Forage Assets. You guarantee that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and has validly and irrevocably granted you the right to grant the licence stated above. You acknowledge that you, not Forage, are responsible for all of Your Content that you make available on or in the Forage Assets.
You agree that submitting any ideas, suggestions, documents, and/or proposals to Forage through its suggestion, feedback, wiki, forum, or similar pages (“Feedback”) is at your own risk and that Forage has no obligations (including confidentiality) with respect to such Feedback. You represent and warrant that you have all necessary rights to submit the Feedback. You hereby grant Forage a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and licence to use, reproduce, perform, display, distribute, adapt, modify, reformat, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the aforementioned rights, in connection with the operation and maintenance of the Forage assets and/or Forage's business.
You are solely responsible for your interactions with other users and any other parties you interact with. However, Forage reserves the right to intervene in such disputes, but has no obligation to do so. You acknowledge that Forage will not be held responsible for any liability resulting from these interactions. The Forage Assets may contain User Content provided by other users. Forage is not responsible for and does not control User Content. You use all User Content and interact with other users of the Services at your own risk.
The rights granted to you in these Terms are subject to the following restrictions: (a) you may not license, sell, rent, lease, transfer, assign, reproduce, distribute, host, or commercially exploit the Forage Assets or any part of the Forage Assets, including the Website; (b) you may not use framing techniques to enclose any trademark, logo, or other Forage Assets (including images, text, page layout, or form) of Forage; (c) you may not use any metatags or other "hidden text" using Forage's name or trademarks, or the name or trademark of any of Forage's Partners; (d) you may not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Forage Assets except to the extent the restrictions are expressly prohibited by applicable law; (e) you may not use any manual or automated software, devices, or processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools, or similar) to "scrape" or download data from any web pages contained in the Website (except that the operators of public search engines are granted a revocable permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you may not introduce viruses, worms, or harmful code into the Forage Assets or interfere with or attempt to interfere with the use of the Forage Assets by any other user, host, or network, including by overloading, "flooding," "spamming," "mail bombing," or "crashing" the Forage Assets; (g) except as expressly stated, no part of the Forage Assets may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means; (h) you may not remove or destroy any copyright notices or proprietary markings on or in the Forage Assets; and (i) you may not take any action or make available any Content on or through the Forage Assets that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorised or unsolicited advertising, junk or bulk email; or (iv) involves commercial activities or sales, such as contests, sweepstakes, barter, advertising, or pyramid schemes, without Forage's prior written consent. Any future release, update, or addition to the Forage Assets will be subject to these Terms. Forage, its suppliers, and service providers reserve all rights not granted in these Terms. Any unauthorised use of any Forage Asset terminates the licences granted by Forage under these Terms. If Forage becomes aware of any possible violations by you of these Terms, Forage reserves the right to investigate such violations and, at its sole discretion, immediately terminate your licence to use the Forage Assets without prior notice to you.
You agree to indemnify and hold Forage, its parent companies, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (collectively referred to as "Forage Parties") harmless from any losses, costs, liabilities, and expenses (including reasonable attorney's fees) arising from or related to: (a) Your Content; (b) your use of, or inability to use, any Forage Asset; (c) your violation of these Terms; (d) your violation of the rights of another party, including any other users of the Service; (e) your violation of any applicable laws, rules, or regulations. Forage reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which case you will fully cooperate with Forage in asserting any available defences. This provision does not require you to indemnify any of the Forage Parties for any unconscionable commercial practice by such party or for such party's fraud, deception, false promise, misrepresentation, or concealment or suppression of any material fact in connection with the Services provided under these Terms. You agree that the provisions in this section will survive any termination of these Terms and/or your access to the Forage Assets.
You understand and agree that, to the extent permitted by applicable law, your use of the Forage properties is at your own risk and they are provided "as is" and "as available" with all faults. Forage and its related parties expressly disclaim all warranties, representations, and conditions, whether expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
(a) Forage and its related parties do not guarantee that: (1) the Forage properties will meet your requirements; (2) your use of the Forage properties will be uninterrupted, timely, secure, or error-free; or (3) the results from using the Forage properties will be accurate or reliable.
(b) You access any content downloaded from or accessed through the Forage properties at your own risk and you are solely responsible for any damage to your property, including your computer system or device used to access the Forage properties, or any other loss that results from accessing such content.
(c) From time to time, Forage may offer new "beta" features or tools for users to experiment with. These features or tools are offered solely for experimental purposes and without any warranty, and may be modified or discontinued at Forage's discretion. The provisions of this section apply fully to these features or tools.
You acknowledge and agree that Forage and its related parties are not liable, and you agree not to seek liability from Forage and its related parties, for the conduct of third parties, including partners and operators of external sites, and the risk of injury from these third parties lies entirely with you. Forage and its related parties expressly disclaim all warranties, representations, and conditions, whether expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement arising from or in connection with any partner products purchased through the services.
You are solely responsible for all of your communications and interactions with other users of the Forage properties. You understand that Forage does not verify the statements of users of the Forage properties. Forage does not guarantee that the goods or services provided by third parties will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Forage does not guarantee the quality of such goods or services, or the accuracy, timeliness, truthfulness, completeness, or reliability of any user content obtained through the Forage properties.
With the exception of Forage's obligations to protect your personal data as outlined in the Forage Privacy Policy, Forage assumes no responsibility for the timeliness, deletion, mis-delivery, or failure to store any content (including but not limited to your content and user content), user communications, or personalization settings.
You understand and agree that, to the fullest extent allowed by law, Forage and its affiliates will not be held liable for any loss of profits, revenue, or data, indirect, incidental, special, or consequential damages, or damages or costs due to loss of production or use, business interruption, or procurement of substitute goods or services, arising from or in connection with these terms, any purchases and/or use of products from partners, or interactions with other users of Forage's properties. This includes, but is not limited to, damages resulting from the use or inability to use the Forage properties, unauthorised access to or alteration of transmissions or data, conduct of any third party on the Forage properties, or any other related matter. This limitation of liability shall not apply to Forage's liability for death or personal injury caused by their negligence, or injury caused by their fraud or fraudulent misrepresentation.
To the fullest extent allowed by law, Forage and its affiliates will not be held liable to you for more than the greater of $50 or the remedy or penalty imposed by the applicable law. This cap on liability shall not apply to Forage's liability for death or personal injury caused by their negligence, or injury caused by their fraud or fraudulent misrepresentation. Some jurisdictions do not allow the exclusion or limitation of certain damages, in which case some or all of the above exclusions or limitations may not apply to you and you may have additional rights. The limitations of damages set forth above are fundamental elements of the agreement between Forage and you.
You acknowledge and agree that these Terms and your agreement with Forage B.V. in the Netherlands will commence on the earlier of (a) the date you first used the Forage Properties or (b) the date you accepted these Terms. These Terms will remain in full force and effect while you use any of the Forage Properties, unless earlier terminated as outlined in these Terms.
If you have violated any provision of these Terms, or if Forage B.V. is required to do so by law (e.g., if the provision of the Services becomes unlawful), Forage B.V. has the right to immediately and without notice, suspend or terminate any of the Services provided to you. You agree that all terminations for cause shall be made at the sole discretion of Forage B.V. and that Forage B.V. shall not be held liable to you or any third party for any termination of your Account. If you wish to terminate the Services provided by Forage B.V., you can do so by ceasing to use the Services and/or by deleting any accounts associated with it.
The termination of any Service will result in the removal of access to the Service and the forbidding of further use of the Service. The termination of all Services will also result in the deletion of any User Information, as well as all related information, files, and Content associated with your use of the Services, including Your Content. Upon termination of any Service, your right to use the Service will automatically terminate immediately. You understand that the termination of the Services may result in the deletion of Your Content from Forage B.V.'s live databases. Forage B.V. will not be held liable for any suspension or termination, including the deletion of Your Content. Any provisions of these Terms that should survive termination of the Services will do so, including, but not limited to, provisions regarding ownership, warranty disclaimers, and limitation of liability.
If Forage B.V. discontinues your ability to access and/or make purchases through the Forage Properties due to a violation of any portion of these Terms or for inappropriate conduct, you agree that you shall not attempt to access the Forage Properties through the use of a different Third Party Account, credentials, or any other means. If you violate this sentence, Forage B.V. reserves the right, at its sole discretion, to take any actions set forth in these Terms without notice or warning to you.
The Forage Properties are accessible globally and may mention Services and Content that are not available in your country. This does not mean that Forage plans to offer such Services or Content in your country. The Forage Properties are managed and provided by Forage from its facilities in the Netherlands. Forage does not guarantee that the Forage Properties are suitable or available for use in other locations. If you access or use the Forage Properties from other countries, you do so voluntarily and are responsible for following local laws.
Forage reserves the right to modify these terms at any time in its sole discretion. When changes are made, Forage will make a new copy of the terms available through the Services and update the "Last Updated" date at the top. If any material changes are made, Forage will also send an email to users who have provided their email addresses. The changes will be effective immediately for new users and 30 days after posting notice for existing users. Forage may require users to provide consent to the updated terms before further use of the Services is allowed. If you do not agree with the changes, you should stop using the Services. Otherwise, your continued use of the Services indicates your acceptance of the changes. It is recommended that you regularly check the Services for updates to the terms.
You acknowledge and agree that the availability of the Apps and Services from Forage B.V. in the Netherlands is dependent on a third party, such as the Apple App Store or Google Play (the “App Store”). If you access or download the Application from the Apple App Store, the following terms apply:
(a) You acknowledge and agree that (i) these Terms are between you and Forage only and not Apple, and (ii) Forage, not Apple, is responsible for the Application and its content. You must comply with the App Store's Terms of Service and agree to pay all fees charged by the App Store in connection with the Application.
(b) You acknowledge that Apple is not responsible for providing maintenance and support services for the Application and that Forage is solely responsible for the Application and its content, including any warranty.
(c) If the Application fails to conform to any warranty, you may notify Apple and receive a refund for the Application. Apple will have no other warranty obligations for the Application. Forage is solely responsible for any other claims, damages, costs or expenses relating to any failure to conform to a warranty.
(d) You and Forage acknowledge that, in the event of any third-party claim regarding the Application or your use of the Application, Forage, not Apple, is responsible for investigating, defending, settling and discharging any such claim, including but not limited to product liability claims, claims that the Application fails to conform to legal requirements, and claims arising under consumer protection legislation.
(e) You and Forage acknowledge that in the event of any third-party claim of intellectual property infringement by the Application or your use of the Application, Forage, not Apple, is responsible for investigating, defending, settling, and discharging any such claim.
(f) You and Forage acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of these Terms with regards to your licence of the Application and that upon your acceptance of these Terms, Apple will have the right to enforce these Terms against you as a third-party beneficiary. You must comply with all applicable third-party terms of agreement when using the Application.
You may not assign, subcontract, delegate or transfer your rights and obligations under these Terms without Forage’s prior written consent. Any attempted assignment, subcontract, delegation, or transfer in violation of this provision will be null and void.
Forage is not liable for any delay or failure to perform due to causes outside of its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, pandemic, epidemic, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labour or materials.
Forage shall not be held responsible for the email delivery if the last email address provided by you is invalid or if it fails to deliver the notices required or permitted by these Terms. If Forage needs to send you a notice, it will be considered effectively delivered if sent to the email address provided by you.
The failure to enforce any provision of these Terms on one occasion shall not be considered as a waiver of any other provision or the same provision on any other occasion. In the event that any portion of these Terms is held to be invalid or unenforceable, that portion shall be reinterpreted in a manner that best reflects the original intention of the parties, and the remaining portions shall remain in full force and effect.
These Terms represent the complete and final agreement between the parties with regards to the subject matter, and supersedes and merges all prior discussions and agreements between the parties with respect to the subject matter.
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