Introduction. Welcome to Express ConnectTM! Please read these Terms of Service (“Terms”) carefully as they are a binding agreement between You and Forum Makers, LLC (“Forum Makers”, “We”, “Us”, or “Our”). For the purposes of these Terms, “You” and “Your” means the individual accessing or using the Express Connect application and/or related website or mobile app, as well as the organization(s) which You represent. These Terms govern your use of the Express Connect website and app(s), referred to in these Terms as “Sites”. You automatically and implicitly agree to the then-current version of these Terms and Our Privacy Policy each time you visit or log into any of the Sites.
Modifications and Termination. We reserve the right to modify the Sites at any time, with or without notice to you. We also reserve the right to charge a fee for any of Our features at any time, and to condition, limit, suspend, delay, deny or terminate access to or use of the Sites or any related Content, component, or functionality with or without notice at any time and for any reason. Any new content, component, function, upgrade, or enhancement added or made to the Sites will also be subject to the terms of these Terms and the Privacy Policy when added or made. For example, We may add or remove functionality or features, and We may suspend or stop a particular feature altogether. If you don’t like any changes, you can stop using Our Sites at any time.
Use of Our Sites. You may not use the Sites in a way that violates any laws, infringes on anyone’s rights, is offensive, or interferes with the Sites or any features on the Sites (including any technological measures We employ to enforce these Terms). It should be common sense, so We won’t bore you with a list of things you shouldn’t do. But if We (in Our sole discretion) determine that you have acted inappropriately, We reserve the right to take down Content, terminate your account, prohibit you from using the Sites, and take appropriate legal actions. You also may not “frame”, “mirror”, or otherwise incorporate any part of the Sites without Our express permission, nor may you scrape, copy, modify, redistribute, or create derivative works of the Sites or any of Our Intellectual Property. Similarly, automated account registration or automating functions of the Site are strictly prohibited. You must not modify or adapt the Sites or modify another Website to falsely imply that it is associated with the Site or Us. You agree not to access the Sites by any means other than through the interface provided by the Company. You acknowledge that the Sites are not intended for permanent storage and agree not to use the Sites for archiving data or for back-up purposes. Using Our Site(s) does not give you ownership of or any intellectual property rights in the content you access. You may not use content from Our Sites unless you obtain permission from Us or its owner, or unless you are otherwise permitted by law. When you use a Site or send communications to Us through a Site, you are communicating with Us and/or our clients electronically. You consent to receive electronically any communications related to your use of a Site. We may communicate with you by E-mail or by posting notices on the Site. You expressly agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from Us intended for receipt by you shall be deemed delivered and effective when sent to the E-mail address you provide to us. Please note that by submitting Content, creating a user account, or otherwise providing Us with your email address, postal address, or phone number, you are agreeing that We or Our agents may contact you at that address or number in a manner consistent with Our Privacy Statement.
Accounts. You may be required to create an account and specify a password to use certain services or features on the Sites. To create an account, you must be at least 18 years old, and you must provide truthful and accurate information about yourself. Do not try to impersonate anyone else or misrepresent your affiliation with an individual or business when you create your account. If your information changes at any time, please update your account to reflect those changes. Certain account changes may require assistance from a Forum Makers representative. In some cases, an account may be assigned to you by an administrator, such as your employer, a service provider, or educational institution. If you are using or logging into an account assigned to you by an administrator, additional terms may apply to your use of the Sites. Moreover, your administrator may be able to access or disable your account without Our involvement. You must use multifactor authentication (i.e., a password and a unique code generated by a special app on your mobile device) to login to the platform. You must not share your account with anyone else, and you should never give anyone else your multifactor authentication number or your password confidential. You should also try not to use the same password on other Websites. If you believe that your account has been compromised at any time, please notify Forum Makers immediately using the support icon on the Site.
Content You Post. We may provide opportunities for you to post text, screen captures, videos, or other content (collectively, “Content”) on the Sites. You can only post Content if you own all the rights to that Content, or if another rights holder has given you permission. You do not transfer ownership of your Content simply by posting it. However, by posting Content, you grant us, Our agents, licensees (including other users of the Sites), and assigns an irrevocable, perpetual, transferrable, sublicensable, non-exclusive right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your Content. Without those rights, We couldn’t offer the services provided by the Sites. Please note that this license continues even if you stop using Our Sites. You agree to indemnify, release, and hold Us harmless from any all liability, claims, actions, loss, harm, damage, injury, cost, or expense arising out of any Content you post. You also agree not to use the Sites to harass others, and to not use the Sites for solicitations or promotions such as contests, sweepstakes, barter, pyramid schemes, advertising, affiliate links, and other forms of solicitation without approval from one of Our authorized representatives. Keep in mind that if you send Us any information, ideas, suggestions, or other communications to us, those communications will not be confidential. Moreover, unless We tell you otherwise, We reserve the right to reproduce, use, disclose, and distribute such communications without any obligation to you.
Content Posted by Others. We are not responsible for, and do not endorse, Content posted by any other person. Accordingly, We may not be held liable, directly or indirectly, for any loss or damage caused to you in connection with any Content posted by another user.
Intellectual Property. If you believe any Content on the Sites infringes your copyrights, you may request that remove the Content from the Sites (or disable access to that Content) by submitting a support request ticket or sent to our copyright agent.
Social Networks. The Sites may include features that operate in conjunction with certain third-party social networking Websites that you visit such as Facebook, Instagram, YouTube, Vimeo, and Twitter (“Social Network Features”). While your use of the Social Network Features is governed by these Terms, your access and use of third-party social networking sites and the services provided through the Sites is governed by the terms of service and other agreements posted on these sites. You are responsible for ensuring that your use of those sites complies with any applicable terms of service or other agreements.
Optional Data Sharing. You may have the option to share your data with other users of the Sites. IF YOU AGREE TO SHARE ANY OF YOUR DATA WITH OTHER USERS, YOU ACKNOWLEDGE THAT YOU ARE DOING SO VOLUNTARILY AND ON A NON-CONFIDENTIAL AND GRATUITY-FREE BASIS WITHOUT ANY EXPECTATION OF PRIVACY OR CONFIDENTIALITY. WE ASSUME NO LIABILITY FOR ANY INJURY SUFFERED BY YOU RELATED TO YOUR ELECTION TO SHARE YOUR DATA WITH OTHER USERS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT SHARE YOUR DATA WITH OTHER USERS.
Aggregated Data Sharing. To allow for peer analysis and other such purposes, the information you post, enter, upload, or otherwise submit to the Sites may be analyzed and anonymized, and subsequently shared as aggregate information with other users of the Sites. YOU EXPRESSLY AGREE THAT WE MAY USE YOUR INFORMATION IN SUCH A MANNER.
Warranties, Sites Liability, and Other Disclaimers. We provide the Sites using a commercially reasonable level of care and promise to do Our best to make sure you enjoy the Sites. However, there are certain things that We don’t promise about Our Sites, and the following disclaimers shall survive after you finish using the Sites. We strive to provide actionable information on the Sites. Although We strive to maintain current information, ALL INFORMATION PROVIDED BY THE SITE SHOULD BE CHECKED AGAINST ANY RECENT LEGISLATIVE, REGULATORY OR OTHER DEVELOPMENTS BY A QUALIFIED PROFESSIONAL. IN PROVIDING THE SITES, THE COMPANY IS NOT ENGAGED IN RENDERING LEGAL OR OTHER PROFESSIONAL SERVICES. YOU SHOULD SEEK THE SERVICES OF A COMPETENT PROFESSIONAL, SUCH AS A LAWYER, BEFORE RELYING ON ANY INFORMATION ON THE SITE. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OF SERVICE, NEITHER WE NOR OUR AFFILIATES, AGENTS, OR SERVICE PROVIDERS (COLLECTIVELY THE “SERVICES ENTITIES”) MAKE ANY SPECIFIC PROMISES ABOUT THE SITES. FOR EXAMPLE, WE DO NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SITES, THE SPECIFIC FUNCTION OF THE SITES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SITES “AS IS”. EXCEPT WHERE PROHIBITED, THE SERVICES ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITES OR ANY THIRD PARTY’S USE OF THE SITES. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, ANY INJURY RELATED TO ACCIDENTAL DELETION OR LOSS OF DATA STORED AT THIRD-PARTY LOCATIONS SUCH AS AMAZON WEB SERVICES, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF THE SERVICES ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. WE EXPRESSLY DISCLAIM ALL LIABILITY FOR ANY INJURY SUFFERED BY A USER RELATED TO THE SHARING OR USE OF ANY INFORMATION. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, AND YOU EXPRESSLY DISCLAIM YOUR RIGHT TO ENFORCE THEM.
Cancelation. You may cancel your account at any time. However, We do not provide refunds or credits for the unused portion of any subscriptions to any of the Sites. Upon cancellation, We will terminate your account and your access to and use of the Sites. However, anonymized aggregate data collected from you and/or your organization may remain available for the purposes of industry and peer analysis.
Governing Law. These Terms shall be construed and enforced in accordance with the laws of the State of Maryland without regard to its conflict of laws principles. Neither the Maryland Uniform Computer Information Transactions Act nor the United Nations Convention on Contracts for the International Sale of Goods shall apply to these Terms. You hereby consent to the personal jurisdiction of the courts of Maryland. The exclusive venue for any legal proceeding shall be the courts located in Baltimore City, Maryland unless the Company otherwise agrees, which consent it may withhold in its sole discretion. You waive any claim of forum non conveniens. You agree that if you bring an action in a forum other than one authorized by this paragraph, We may move to dismiss the action and you will be responsible for paying Our reasonable attorneys' fees and court costs associated with the motion. Any failure by Us to enforce any portion of these Terms shall not be a waiver of Our right to enforce that or any other portion of these Terms. This Section shall survive the termination of your use of the Sites.
Additional Details. We may modify these Terms at any time so be sure to check back regularly. By continuing to use or log in to a Site after these Terms have changed, you indicate your agreement to the revised Terms. If you do not agree to the changes, you must stop using or logging in to the Sites except to the limited extent necessary, and only for the time necessary (not to exceed fourteen (14) days from the date the Terms are changed) to export your information. You agree to hold Forum Makers harmless, and to defend and indemnify and its owners, directors, employees, contractors, representative, agents, successors and assigns from and against all losses, liabilities, costs and expenses, including, but not limited to, attorneys' fees and court costs, resulting from any claims made by any user or third party arising from or in any way related to your use of the Sites, the use by any third party of the Sites via your account, your breach of these Terms, or your failure to comply with any law or regulation (including, but not limited to, the GDPR). We reserve the right to assume exclusive defense and control of any matter subject to this indemnification provision (at your cost) and you shall fully cooperate with Us, at your sole expense, in the defense of such matter. Your indemnification obligations shall survive the termination of your use of the Sites. Your representations, warranties and obligations set forth in these Terms shall survive the termination of your use of the Sites. The Sites may contain links to third-party Websites, third-party service providers, and other resources. That doesn’t mean that We control or endorse those Websites, or any goods or services sold on those Websites. Similarly, the Sites may contain ads from third parties. We do not control or endorse any products being advertised. If you do not comply with these Terms, and We don’t take action right away, this doesn’t mean We’re OK with what you did. We also are not giving up any rights that We may have (such as taking action in the future). If it turns out that a particular provision in these Terms is not enforceable, that will not affect any other provision.
Version 2024.10a
Revision History:
2024.10a – Initial Version
