TERMS OF SERVICE
The Forem websites and any associated services, including (without limitation) all websites, mobile applications, live services (including Coaching), and other interactive properties through which such services are delivered (collectively, the “Service”) are owned, operated and distributed by Foremy, LLC, a New York limited Liability Company (referred to in these Terms of Service as “The Forem,” “we,” and through similar words such as “us,” “our,” etc.). By accessing or using any part of the Service, you are agreeing to the terms and conditions described below (the “Terms of Service”) and the terms and conditions of our Privacy Notice (the “Privacy Notice”) which are incorporated herein by reference.
These Terms of Service apply to all users, including users who are simply viewing content available via the Service, companies seeking to engage The Forem for their employees (“Companies”), and professionals/employees who have provided information to the Service to for career Coaching or other services (“Clients”). Companies may enter into a Master Services Agreement (“MSA”), Statement of Work (“SOW”), Non-Disclosure Agreement (“NDA”) or other contracts (collectively, “Agreements”) with The Forem separate from these Terms of Service. In such cases, the terms of those Agreements shall control if they are in conflict with these Terms of Service.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
We reserve the right to refuse service to any person for any reason, at our sole discretion. In addition, at our sole discretion, we may suspend or terminate your account for any reason. Such termination of your account will result in your loss of access to the Service. We will not be liable for any decision to suspend, terminate or refuse service under any circumstances.
1. VISITORS TO THE WEBSITE AND ACCOUNT CREATION
You can visit the public sections of the Service without identifying yourself or providing personal information. In order to access some features of the Service, you will have to create a login account.
For Clients, creating an account will mean completing the necessary information to have a profile through the Service. When creating your login account, you represent and warrant to us that the information you provide is accurate and complete in all respects. All registrations must be made by you, personally.
For Companies, creating an account will allow you to engage The Forem service for your employees. You can contact The Forem’s customer service to understand what fee may be associated with such an account. When creating your login account, you represent and warrant to us that the information you provide is accurate and complete in all respects. All registrations must be made by you. In some circumstances, Companies may register on behalf of multiple employees. In such circumstance those Companies hereby certify that any personal information provided is treated consistent with these Terms of Service and our Privacy Notice
Accounts registered by “bots” or other automated methods are not permitted under any circumstances. You may never use another individual’s login account without permission and may not permit anyone else to use your login account. Single login accounts shared by multiple persons are not permitted under any circumstances.
You agree that you will be solely responsible for all activity that occurs on your account, whether or not authorized by you. Accordingly, it is extremely important that you engage in activity consistent with all laws and these Terms of Service. Further, you are obligated to keep your password secure and you agree to notify us immediately in the event you become aware of, or suspect, any breach of security or unauthorized use of your account.
We reserve the right, at any time, to change any fees or charges for using the Service (or to begin charging fees for any free service), provided that such changes will not apply to fees or charges paid prior to the time of the change. We will charge you sales tax as applicable to the Service or any order placed through the Service, based on your billing address. In addition, you will be responsible for all other taxes, levies, duties or similar charges, only excluding taxes based on our income.
3. CAREER COACHING
Clients may choose to engage The Forem for career Coaching services (“Coaching”). Coaching is a partnership (defined as an alliance, not a legal business partnership) between the The Forem’s Coach (“Coach”) and Client in a thought-provoking and creative process that inspires the Client to maximize personal and professional potential.
A. Client Responsibilities During Coaching
Client is responsible for creating and implementing his/her own physical, mental and emotional well-being, decisions, choices, actions and results. As such, the Client agrees that The Forem is not and will not be liable for any actions or inaction, or for any direct or indirect result of any Coaching provided. Client understands Coaching and mentoring is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.
Client understands that Coaching and mentoring is not to be used as a substitute for professional advice by legal, mental, medical, financial or other qualified professionals and will seek independent professional guidance for such matters. If Client is currently under the care of a mental health professional, The Forem will recommend that Client inform the mental health care provider.
Client agrees to communicate honestly, be open to feedback and assistance and create the time and energy to participate fully in the program
B. Coaching Sessions and Fees
The parties will typically agree to engage in a set number of Coaching sessions for a fixed fee. Coaching sessions will take place through video, phone, and/or in person sessions. The Forem will be available to Client by email and text in between scheduled meetings but asks that client use discretion. Coach may also be available for additional time, per client’s request on a prorated basis for additional services (for example, reviewing documents, reading or writing reports, attending events, engaging in other client related services outside of Coaching hours).
The time of the Coaching meetings and/or location will be determined by the Coach and Client based on a mutually agreed upon time. The Client will initiate all scheduled calls and will call the Coach at a provided phone number for all scheduled meetings.
Client agrees that it is the Client's responsibility to notify the Coach 48 hours in advance of the scheduled calls/meetings in the event of a cancellation. Cancellations occurring less than 24 hours in advance are subject to forfeiture of the session fee.
The Coaching relationship, as well as all information (documented or verbal) that the Client shares with the Coach as part of the relationship, is bound to confidentiality but is not considered a legally confidential relationship (as would be protected by a law/regulation, like a doctor or attorney). The Coach agrees not to disclose any information pertaining to the Client without the Client’s written consent. The Coach will not disclose the Client’s name as a reference without the Client’s consent. Confidential information does not include information that: (a) was in the Coach’s possession prior to its being furnished by the Client; (b) is generally known to the public or in the Client’s industry; (c) is obtained by the Coach from a third party, without breach of any obligation to the Client; (d) is independently developed by the Coach without use of or reference to the Client’s confidential information; or (e) that the Coach is required by law to disclose.
4. RESTRICTED USES
You may use the Service only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Service:
Additionally, you agree not to:
5. THIRD PARTY CONTENT
The Service may contain links to third party content and other third-party websites that are not owned or controlled by The Forem. Links are provided to online users solely as a convenience and our inclusion of such links does not imply any endorsement of the information by The Forem. You acknowledge and agree that we have no control over such sites and resources, are not responsible for the availability of such sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, features, services, information or other materials on or available from such sites or resources, or any websites that they may link to (collectively, “Third-Party Content”). We 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 Third-Party Content.
6. INTELLECTUAL PROPERTY RIGHTS
Except for Third Party Content, all material included on the Service, including (without limitation) the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) are owned by or licensed to us, subject to copyright and other intellectual property rights under US and foreign laws and international conventions. In addition, the compilation and presentation of the Content on the Service is subject to copyright owned exclusively by us. Content on the Service may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without our prior written consent. We reserve all rights not expressly granted in and to the Service and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of public submissions of third parties obtained through the Service for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
7. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK, AND THAT ALL CONTENT AND SERVICES ARE PROVIDED TO YOU “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE SERVICE, AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, AND/OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED SERVICE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT SHALL WE BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING) OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE TOTAL CONTRACTED AMOUNT OR $100, WHICHEVER IS GREATER. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
You agree to defend, indemnify and hold harmless us and our affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that any information you provided to The Forem caused damage to a third party; or (v) any action taken by a third party using your account or user ID. This obligation will survive these Terms of Service and your use of the Service.
You agree that the Service shall be deemed a passive service incorporated in New York and shall not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than New York. These Terms of Service shall be governed by the internal laws of the State of New York, without regard to its conflict of laws principles. Any claim or dispute between you and us that arises in whole or in part from the Service or our services shall be subject to the exclusive jurisdiction of the federal and State courts located in New York.
These Terms of Service, together with the Privacy Notice and any other legal notices published by us on the Service or in other materials distributed in connection with our services, constitute the entire agreement between you and us concerning the Service and our services. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
To the fullest extent permitted by applicable law, NO CLAIM UNDER THESE TERMS OF SERVICE SHALL BE JOINED TO ANY OTHER CLAIM, INCLUDING ANY CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE OR THE WEBSITE, AND NO CLASS ACTION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you be instituted more than three (3) years after the cause of action arose.
Most communications between us and you will be sent and received electronically. You agree that all agreements, notices, disclosures and other electronic communication exchanged between you and us shall satisfy any legal requirements that such communications be in writing.
10. MODIFICATION OF THE TERMS OF SERVICE
We may, at our sole discretion, modify these Terms of Service or the incorporated Privacy Notice at any time. By accessing or using the Service at any time after such modifications, you are agreeing to such modifications. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
These Terms of Service were last modified as of June 2019. In addition, we may modify and/or temporarily or permanently discontinue all or any part of the Service at any time at our sole discretion, with or without notice, and will not be liable for any such action.