Terms of Use, Privacy & Agreements

TERMS AND CONDITIONS OF USE OF WEBSITE

Use of Site
The following are the terms and conditions which govern your use of this website (“Site”). By accessing, browsing and/or using this Site, you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. This Site is controlled and operated by Forshock from its offices within the United States. Forshock makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

Ownership of Materials and Use Restrictions
The information contained in this Site including all images, illustrations, designs, photographs, video clips, writings and other materials that appear herein are copyrights, trademarks, trade dress or other intellectual property owned, controlled, or licensed (all of which, collectively, are herein referred to as the "Materials") by Forshock or its subsidiaries and affiliates or are the property of their respective owners. Except as provided herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Forshock or the applicable copyright owner. You also may not, without Forshock's permission, "mirror" any Materials contained on this Site on any other server. Any other use of the Materials on this Site including reproduction, including any reproduction, modification, distribution, or republication may violate copyright or trademark laws, and, without the prior written permission of Forshock, is strictly prohibited.

Use of Software
Any software that is available on this Site ("Software") is the copyrighted work of Forshock and/or its licensors. Use of the Software is governed by the end user license agreement (“License Agreement”) which accompanies or is included with the software. Copying or reproducing the Software to any other server or location for further reproduction or redistribution is prohibited, unless such reproduction or redistribution is permitted by the License Agreement. You may not create derivative works of the Software, or attempt to decompile or reverse-engineer the Software unless otherwise permitted by law.

WITHOUT LIMITING THE FOREGOING, THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, FORSHOCK DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

U.S. Government Restricted Rights
The Software and other Materials available on this Site are provided with “RESTRICTED RIGHTS.” Use, disclosure and/or reproduction of the Software and other Materials by or on behalf of the United States Federal Government (the “Government”) are subject to restrictions as set forth in applicable laws and regulations. Use of the Software and other Materials by the Government constitutes acknowledgement of Forshock’s proprietary rights in them.

User Submissions
User Submissions Forshock does not want to receive confidential or proprietary information from you through this Site. Any material, information or other communication ("Communications") you transmit or post to this Site will be considered non-confidential and non-proprietary. Forshock will have no obligations with respect to the Communications. Forshock and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. Notwithstanding the foregoing, personal information that you submit to Forshock for the purpose of receiving products or services will be handled in accordance with the Forshock Privacy Policy. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.

Links to Third Party Websites
Links on this Site to third-party websites are provided solely as a convenience to you. If you use these links, you will leave this Site. Forshock has not reviewed all of these third-party sites and does not control and is not responsible for any of these sites or their content. Thus, Forshock does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk.

Disclaimers
THE MATERIALS (INCLUDING ALL SOFTWARE) AND SERVICES AT THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Forshock's obligations with respect to its products and services are governed solely by the agreements under which they are provided and nothing on this Site should be construed to alter such agreements. Forshock further does not warrant the accuracy and completeness of the Materials, Software or services at this Site, nor does it warrant that any functions of the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available is free from viruses or other harmful components. Forshock may make changes to the Materials and services at this Site, or to the products and prices described in them, at any time without notice. The Materials and services at this Site may be out of date, and Forshock makes no commitment to update the materials and services at this Site. Information published at this Site may refer to products, programs or services that are not available in your country. Consult Forshock for information regarding the products, programs and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so this exclusion may not apply to you.

Limitation of Liability
IN NO EVENT WILL FORSHOCK, ITS AFFILIATES, OR ITS SUPPLIERS, LICENSORS OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT FORSHOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Trademarks
Forshock and the Forshock "S" logo are both copyrights of Forshock.

Indemnification
You agree to indemnify, defend and hold Forshock, its affiliates and contractors and each of their respective agents, directors, employees, information providers, licensors and licensees, and officers (collectively “Indemnified Parties”) harmless from and against any and all liability and costs (including, without limitation attorneys’ fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use or of the foregoing representations, warranties and covenants. You will cooperate as fully as reasonably required on Forshock’s defense of any such claim. Forshock reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you will not in any event settle any matter without the written consent of Forshock.

Miscellaneous
The terms herein shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. In the event that any of the provisions herein are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that these terms shall otherwise remain in full force and effect. Prices, product descriptions and illustrations in this Site are subject to change without notice.

Update of Terms and Conditions
Forshock may from time to time revise these terms and conditions by updating this posting. Please visit this page periodically to review the current terms and conditions because they are binding on you. Your continued use of the Site will mean you accept any changes. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages at this Website.

Privacy and Data Collection

Forshock, (Forshock), is committed to keeping any and all personal information collected of those individuals that visit our website and make use of our online facilities and services accurate, confidential, secure and private. Our privacy policy has been designed and created to ensure those affiliated with Forshock of our commitment and realization of our obligation not only to meet but to exceed most existing privacy standards.

THEREFORE, this Privacy Policy Agreement shall apply to Forshock , and thus it shall govern any and all data collection and usage thereof. Through the use of www.forshock.com you are herein consenting to the following data procedures expressed within this agreement.

Collection of Information
This website collects various types of information, such as:

  • Voluntarily provided information which may include your name, address, email address, billing and/or credit card information etc., which may be used when you purchase products and/or services and to deliver the services you have requested.
  • Information automatically collected when visiting our website, which may include cookies, third party tracking technologies and server logs.
Please rest assured that this site shall only collect personal information that you knowingly and willingly provide by way of surveys, completed membership forms, and emails. It is the intent of this site to use personal information only for the purpose for which it was requested and any additional uses specifically provided on this site.

We may also gather information about the type of browser you are using, IP address or type of operating system to assist us in providing and maintaining superior quality service.

It is highly recommended and suggested that you review the privacy policies and statements of any website you choose to use or frequent as a means to better understand the way in which other websites garner, make use of and share information collected.

Use of Information Collected
Forshock may collect and may make use of personal information to assist in the operation of our website and to ensure delivery of the services you need and request. At times, we may find it necessary to use personally identifiable information as a means to keep you informed of other possible products and/or services that may be available to you from www.forshock.com . Forshock may also be in contact with you with regards to completing surveys and/or research questionnaires related to your opinion of current or potential future services that may be offered.

Forshock does not now, nor will it in the future, sell, rent or lease any of our customer lists and/or names to any third parties.

Forshock may deem it necessary to follow websites and/or pages that our users may frequent in an effort to gleam what types of services and/or products may be the most popular to customers or the general public.

Forshock may disclose your personal information, without prior notice to you, only if required to do so in accordance with applicable laws and/or in a good faith belief that such action is deemed necessary or is required in an effort to:

  • Remain in conformance with any decrees, laws and/or statutes or in an effort to comply with any process which may be served upon Forshock and/or our website;
  • Maintain, safeguard and/or preserve all the rights and/or property of Forshock; and
  • Perform under demanding conditions in an effort to safeguard the personal safety of users of www.forshock.com and/or the general public.

Children Under Age of 13
Forshock does not knowingly collect personal identifiable information from children under the age of thirteen (13) without verifiable parental consent. If it is determined that such information has been inadvertently collected on anyone under the age of thirteen (13), we shall immediately take the necessary steps to ensure that such information is deleted from our system's database. Anyone under the age of thirteen (13) must seek and obtain parent or guardian permission to use this website.

Unsubscribe or Opt-Out
All users and/or visitors to our website have the option to discontinue receiving communication from us and/or reserve the right to discontinue receiving communications by way of email or newsletters. To discontinue or unsubscribe to our website please send an email that you wish to unsubscribe to support(at)forshock(dot)com. If you wish to unsubscribe or opt-out from any third party websites, you must go to that specific website to unsubscribe and/or opt-out.

Links to Other Web Sites
Our website does contain links to affiliate and other websites. Forshock does not claim nor accept responsibility for any privacy policies, practices and/or procedures of other such websites. Therefore, we encourage all users and visitors to be aware when they leave our website and to read the privacy statements of each and every website that collects personally identifiable information. The aforementioned Privacy Policy Agreement applies only and solely to the information collected by our website.

Security Forshock shall endeavor and shall take every precaution to maintain adequate physical, procedural and technical security with respect to our offices and information storage facilities so as to prevent any loss, misuse, unauthorized access, disclosure or modification of the user's personal information under our control.

The company also uses Secure Socket Layer (SSL) for authentication and private communications in an effort to build users' trust and confidence in the internet and website use by providing simple and secure access and communication of credit card and personal information.

Changes to Privacy Policy Agreement
Forshock reserves the right to update and/or change the terms of our privacy policy, and as such we will post those change to our website homepage at www.forshock.com, so that our users and/or visitors are always aware of the type of information we collect, how it will be used, and under what circumstances, if any, we may disclose such information. If at any point in time Forshock decides to make use of any personally identifiable information on file, in a manner vastly different from that which was stated when this information was initially collected, the user or users shall be promptly notified by email. Users at that time shall have the option as to whether or not to permit the use of their information in this separate manner.

Acceptance of Terms
Through the use of this website, you are hereby accepting the terms and conditions stipulated within the aforementioned Privacy Policy Agreement. If you are not in agreement with our terms and conditions, then you should refrain from further use of our sites. In addition, your continued use of our website following the posting of any updates or changes to our terms and conditions shall mean that you are in agreement and acceptance of such changes.

How to Contact Us
If you have any questions or concerns regarding the Privacy Policy Agreement related to our website, please feel free to contact us at the following email, telephone number or mailing address.
Email: support(at)forshock(dot)com
Telephone Number: 7608814865
Mailing Address:

Forshock
15000 Seventh Street Suite 202A
Victorville, California 92395

Updated 05/01/2016

This agreement is made By and Between CLIENT, referred to as "Client", AND FORSHOCK, whose address is 15000 7th Street Suite 202-A, Victorville, CA 92395, referred to as "Consultant."

CONSULTATION SERVICES:
Client hereby employs Consultant to perform specific services in accordance with the terms and conditions set forth in this agreement.(which may include: thinking, researching, meeting, preparing, documenting, communicating, emailing, writing, or any other activity performed by the Consultant on behalf of or for the Client). These activities will be collectively known hereafter as the “Work”.

TERMS OF AGREEMENT:
Unless terminated as provided herein, this Agreement will be in effect until the Work described above is completed. Client may end this Agreement without cause by giving fifteen (15) days written notice to Consultant. In the event of termination for any reason, Client agrees to pay Consultant for all work, purchases made on behalf of Client, and expenses accrued and owing up to the date of termination. Consultant may end this Agreement without cause at any time, without notice.

TIME DEVOTED BY CONSULTANT:
The particular amount of time may vary from day to day or week to week. However, Consultant shall devote a minimum of the specified hours to its duties in accordance with this agreement.

PLACE WHERE SERVICES WILL BE RENDERED:
Consultant will perform most services in accordance with this contract at the specified lcoation. In addition Consultant will perform services on the telephone, email, web, remote connection and at such other places as designated by Client to perform these services in accordance with this agreement.

PAYMENT TO CONSULTANT:
Consultant will be paid at the agreed rate for work performed in accordance with this agreement. Client will pay for services immediately when invoiced. Consultant will email or mail an invoice setting forth the time spent for services rendered. If Client has not challenged an invoice within 10 days of receipt, it shall forfeit any right to thereafter challenge said invoice. Consultant reserves the right to adjust rates as Consultant sees fit. Consultant will inform monthly subscription clients at least one month in advance of such adjustments, per-incident clients will not receive advance notice.

DEFAULT:
“Default” shall mean the non-payment of sums due according to the terms of this Agreement. In the event of Default on the part of Client, Consultant may cease all further performance under this agreement and shall not be liable for any losses or damage suffered by Client as a result of Consultant’s cessation of services. After such Default, Consultant shall not be obligated to provide any additional services unless mutually agreed to in writing between the parties. In the event Client believes Consultant is in default or breach of this agreement, Client shall provide Consultant with timely written notice of the default or breach and expressly identify the nature of the default or breach in that notice. Further, Consultant shall have fifteen (15) days to cure (“Cure Period”) that default or breach, failing which this agreement shall automatically terminate without any further obligation by one party to the other. Notwithstanding the above, Consultant shall be entitled to full payment for all services and equipment provided to Client as of the expiration of the Cure Period.

CLIENT OBLIGATIONS:
Licensed Software: Client is required to own a current, licensed copy of any software on which we are asked to work, and also certain software programs which are useful for diagnosing and repairing computers at Client’s site. Consultant can assist Client in its purchase of the necessary software. Consultant cannot and does not knowingly work on non- licensed copies of software. Client agrees to indemnify, defend and hold harmless Consultant against any liability (including attorney’s fees and court costs) arising from Consultant’s use of Client’s non-licensed software on Client’s behalf.
Facilities Access: Client may be required to furnish physical keys, access codes or other instruments as necessary to access Client locations. Client may opt to provide a representative to provide access but may be responsible for any time spent waiting for access. Client shall provide all permissions and necessary documentation to access non-Client owned facilities and properties. Consultant agrees to only access Client facilities with prior notice to Client. Any instruments or codes provided by Client shall be changed and/or forfeited on the termination of this agreement.

BACKUP:
It is the Client’s responsibility to back up all data to ensure protection of Client’s data. Consultant will be happy to review your backup system and make recommendations for improving it. Consultant can arrange for Client to purchase the necessary hardware and/or software and can install and configure it. Consultant cannot be responsible for any loss of data due to Client’s failure to back up that data properly, and Client agrees to indemnify and hold Consultant harmless against any liability arising from such loss or damage to Client’s data.

INDEPENDENT CONTRACTOR:
Both Client and Consultant agree that Consultant will act as an independent contractor in the performance of its duties under this contract. Accordingly, Consultant shall be responsible for payment of all taxes including Federal, State and local taxes arising out of Consultant‘s activities in accordance with this contract, including by way of illustration but not limitation, Federal and State income tax, Social Security tax, Unemployment Insurance taxes, and any other taxes or business license fee as required.

WARRANTIES AND REPRESENTATIONS:
Consultant does not make and hereby disclaims, and Client hereby waives, any representations or warranties, arising by law or otherwise, regarding the Services described in this Agreement, or any portion thereof, including, without limitation implied warranties of merchantability, fitness for a particular purpose, non-infringement, or arising from course of dealing, course of performance or usage in trade. Without limiting the foregoing, Consultant specifically does not warrant the Services described herein (a) against failure of performance including, without limitation, any failure due to computer hardware or communications systems, or (b) any economic or other benefit that Client might obtain through its participation in this Agreement. With respect to any equipment supplied, only the manufacturer’s warranty, if any, shall apply to any repair or maintenance, unless expressly set forth to the contrary in this Agreement.

RELEASE AND INDEMNIFICATION:
Client hereby releases and agrees to hold harmless, defend and indemnify Consultant, from any and all claims, actions, proceedings, suits, liabilities, damages (actual, consequential, or incidental), settlements, penalties, fines, costs or expenses (including without limitation, reasonable attorney’s fees and other litigation expenses) of every kind, whether known or unknown, incurred by Client arising out of this Agreement.

LIMITATION OF LIABILITY:
In no event shall Consultant be liable for indirect, special or consequential damage suffered by Client in connection, directly or indirectly, with the action or inaction of Consultant under or in relation to this Agreement.

LIABILITY FOR DATA LOSS:
Client understands that there are inherent risks in providing support to information and data systems which include but are not limited to data loss, data corruption, or complete loss of files or directories. Client agrees that Consultant will not be held liable for damages in the case of data loss.

CONFIDENTIAL INFORMATION:
Each party agrees that the Confidential Information of the other party will be held in confidence to the same extent and the same manner as each party protects its own Confidential Information, but each party agrees that in no event will less than reasonable care be used. Each party shall, however, be permitted to disclose relevant aspects of such Confidential Information to its officers or employees on a need-to- know basis, provided they have undertaken to protect the Confidential Information to the same extent as required under this Agreement. “Confidential Information” means each party’s trade secrets, financial information, formulas, specifications, programs, instructions, technical know-how, methods of operation, testing benchmarks, any other information identified by a party as Confidential Information, and any other information that should reasonably be understood to be confidential or proprietary. The confidential Information referred to in this Section shall not apply in the following cases: If it was already known to the other party, if it was disclosed- without obligation to keep the information confidential, if it was publicly known or became publicly known through no-fault of the receiving party, if it was independently developed by the receiving party without use of the other party’ Confidential Information, or if it is required to be disclosed by a court of competent jurisdiction and in that case, the disclosing party shall be granted a reasonable opportunity to obtain a protective order.

ENTIRE AGREEMENT:
The terms set forth in this Agreement are intended by the Parties as a final, complete and exclusive expression of their agreement with respect to the Services contemplated by this Agreement and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement, or any consistent additional terms. There are no restriction, promises, representations, warranties, covenants, or undertakings, other than those expressly set forth or referred to herein. This Agreement is not intended to confer upon any person other than the parties hereto any rights or remedies hereunder.

SEVERABILITY:
Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of this Agreement shall nonetheless remain in full force and effect, and, if the subject term or provision is deemed to be invalid, void or unenforceable only with respect to a particular application, such term or provision shall remain in full force and effect with respect to all other applications.

MODIFICATIONS:
All modifications to this Agreement must be in writing and signed by all Parties.

FORCE MAJEURE:
Consultant shall be excused from performance to the extent that performance is prevented, delayed, or obstructed by causes beyond Consultant’s reasonable control, including delays in performance by Client, acts of Nature (fire, storm, floods, earthquakes, etc.) civil disturbances, disruption of telecommunications, power or essential services.

EMPLOYMENT OF OTHERS:
Client may from time to time request that Consultant arrange for the services of others. All costs to Consultant for those services will be paid by Client but in no event shall Consultant employ others without the prior authorization of Client.

ASSIGNMENT:
Neither of the parties may sell, transfer, assign or otherwise dispose of any of its rights or obligations under this Agreement to any person without the express written consent of the other party, except that Consultant may, at its sole discretion, hire or sub-contract out portions or all of the services to be provided hereunder.

CLAIM LIMITATION:
Client agrees, regardless of any statute or law to the contrary, that any claim or cause of action arising out of or relating to this Agreement must be filed within one (1) year after such claim of action arose or be forever barred. If any party brings an action arising out of this Agreement, the prevailing party shall be entitled to an award of reasonable attorney’s fees, and any court costs incurred in such action or proceeding, in addition to any other damages or relief awarded.

CONSENTS AND WAIVERS:
Failure of any party at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same, unless the same is waived in writing. No waiver by a party of any condition or any breach of any term, covenant, representation, or warranty contained in this Agreement shall be effective unless in writing, and no waiver of any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances.

GOVERNING LAW AND JURISDICTION:
This Agreement shall be governed by and construed in accordance with the laws of the State of California applicable to agreements made regardless of the place of physical execution of the agreement within such state, without regard to its conflict of laws rules. Client hereby irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of San Bernardino County, California in respect of any dispute under this agreement. Regardless of the place of signing, this contract was entered into in Victorville, California, and any dispute will be litigated, arbitrated, or mediated in Victorville, California.

MISCELLANY:
This Agreement constitutes the entire understanding between Client and Consultant. Only an instrument on writing signed by both parties can modify the terms of this agreement.

HEADINGS:
Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.

Software License Agreement (Forshock)

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING OR USING THE SOFTWARE.

BY CLICKING ON THE "ACCEPT" BUTTON, OPENING THE PACKAGE, DOWNLOADING THE PRODUCT, OR USING THE EQUIPMENT THAT CONTAINS THIS PRODUCT, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "DO NOT ACCEPT" BUTTON AND THE INSTALLATION PROCESS WILL NOT CONTINUE, RETURN THE PRODUCT TO THE PLACE OF PURCHASE FOR A FULL REFUND, OR DO NOT DOWNLOAD THE PRODUCT.

SINGLE USER LICENSE (NON-WEBSITE) GRANT:
Forshock ("Forshock") and its suppliers grant to Customer ("Customer") a nonexclusive and nontransferable license to use the Forshock software ("Software") in object code form solely on a single central processing unit owned or leased by Customer or otherwise embedded in equipment provided by Forshock.

SINGLE DOMAIN LICENSE (WEBSITE) GRANT:
Forshock ("Forshock") and its suppliers grant to Customer ("Customer") a nonexclusive and nontransferable license to use the Forshock software ("Software") in object code form solely on a single website domain owned, leased or maintained by Customer or otherwise embedded in equipment provided by Forshock.

MULTIPLE-USERS LICENSE GRANT:

Forshock ("Forshock") and its suppliers grant to Customer ("Customer") a nonexclusive and nontransferable license to use the Forshock software ("Software") in object code form: (i) installed in a single location on a hard disk or other storage device of up to the number of computers owned or leased by Customer for which Customer has paid a license fee ("Permitted Number of Computers"); or (ii) provided the Software is configured for network use, installed on a single file server for use on a single local area network for either (but not both) of the following purposes: (a) permanent installation onto a hard disk or other storage device of up to the Permitted Number of Computers; or (b) use of the Software over such network, provided the number of computers connected to the server does not exceed the Permitted Number of computers. Customer may only use the programs contained in the Software (i) for which Customer has paid a license fee (or in the case of an evaluation copy, those programs Customer is authorized to evaluate) and (ii) for which Customer has received a product authorization key ("PAK"). Customer grants to Forshock or its independent accountants the right to examine its books, records and accounts during Customer's normal business hours to verify compliance with the above provisions. In the event such audit discloses that the Permitted Number of Computers is exceeded, Customer shall promptly pay to Forshock the appropriate licensee fee for the additional computers or users. At Forshock's option, Forshock may terminate this license for failure to pay the required license fee.

 

Customer may make one (1) archival copy of the Software provided Customer affixes to such copy all copyright, confidentiality, and proprietary notices that appear on the original.

EXCEPT AS EXPRESSLY AUTHORIZED ABOVE, CUSTOMER SHALL NOT: COPY, IN WHOLE OR IN PART, SOFTWARE OR DOCUMENTATION; MODIFY THE SOFTWARE; REVERSE COMPILE OR REVERSE ASSEMBLE ALL OR ANY PORTION OF THE SOFTWARE; OR RENT, LEASE, DISTRIBUTE, SELL, OR CREATE DERIVATIVE WORKS OF THE SOFTWARE.

Customer agrees that aspects of the licensed materials, including the specific design and structure of individual programs, constitute trade secrets and/or copyrighted material of Forshock. Customer agrees not to disclose, provide, or otherwise make available such trade secrets or copyrighted material in any form to any third party without the prior written consent of Forshock. Customer agrees to implement reasonable security measures to protect such trade secrets and copyrighted material. Title to Software and documentation shall remain solely with Forshock.

LIMITED WARRANTY:
Forshock warrants that for a period of ninety (90) days from the date of shipment from Forshock: (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software substantially conforms to its published specifications. Except for the foregoing, the Software is provided AS IS. This limited warranty extends only to Customer as the original licensee.

Customer's exclusive remedy and the entire liability of Forshock and its suppliers under this limited warranty will be, at Forshock or its service center's option, repair, replacement, or refund of the Software if reported (or, upon request, returned) to the party supplying the Software to Customer. In no event does Forshock warrant that the Software is error free or that Customer will be able to operate the Software without problems or interruptions.

This warranty does not apply if the software (a) has been altered, except by Forshock, (b) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Forshock, (c) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (d) is used in ultrahazardous activities.

DISCLAIMER:
EXCEPT AS SPECIFIED IN THIS WARRANTY, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW.

IN NO EVENT WILL FORSHOCK OR ITS SUPPLIERS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF FORSHOCK OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall Forshock's or its suppliers' liability to Customer, whether in contract, tort (including negligence), or otherwise, exceed the price paid by Customer. The foregoing limitations shall apply even if the above stated warranty fails of its essential purpose. SOME STATES DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.

The above warranty DOES NOT apply to any beta software, any software made available for testing or demonstration purposes, any temporary software modules or any software for which Forshock does not receive a license fee. All such software products are provided AS IS without any warranty whatsoever.

This License is effective until terminated. Customer may terminate this License at any time by destroying all copies of Software including any documentation. This License will terminate immediately without notice from Forshock if Customer fails to comply with any provision of this License. Upon termination, Customer must destroy all copies of Software.

Software, including technical data, is subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. Customer agrees to comply strictly with all such regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export, or import Software.

This License shall be governed by and construed in accordance with the laws of the State of California, United States of America, as if performed wholly within the state and without giving effect to the principles of conflict of law. If any portion hereof is found to be void or unenforceable, the remaining provisions of this License shall remain in full force and effect. This License constitutes the entire License between the parties with respect to the use of the Software.

RESTRICTED RIGHTS:
Forshock software is provided to non-DOD agencies with RESTRICTED RIGHTS and its supporting documentation is provided with LIMITED RIGHTS. Use, duplication, or disclosure by the Government is subject to the restrictions as set forth in subparagraph "C" of the Commercial Computer Software - Restricted Rights clause at FAR 52.227-19. In the event the sale is to a DOD agency, the government's rights in software, supporting documentation, and technical data are governed by the restrictions in the Technical Data Commercial Items clause at DFARS 252.227-7015 and DFARS 227.7202. Manufacturer is Forshock 15000 Seventh St. Suite 202-A, Victorville, CA 92395.

TERMS AND CONDITIONS OF USE OF FORSITE BACKUP

End-User License Agreement

Please read the following terms and conditions carefully before using this SOFTWARE PRODUCT. Your use, distribution or installation of this copy of "ForSite Local+Cloud" indicates your acceptance of this License.

SOFTWARE PRODUCT here means Software, image files, all accompanying files, data and materials received with your order of " ForSite Local+Cloud ".

If you do not agree to any of the terms of this License, then do not install, distribute or use the SOFTWARE PRODUCT. If you have purchased a single copy from Forshock or an authorized distributor, reseller or any retail channel, you may return it unused, within thirty (30) days after purchase, for a refund of your payment less any incidental charges. The 30-day warrantee is applicable only to products bought within the United States of America. Products downloaded to or shipped out of the United States of America are strictly non-refundable.

Warrantee covers defects in the software, which prevents successfully installing the software in the buyer's PC. Warrantee does not cover fitness of purpose, not meeting of expectations or needs in the mind of the buyer.

This SOFTWARE PRODUCT is for personal use only and may be installed and used by on only one computer. Its component parts may not be separated for use on more than one computer. SOFTWARE PRODUCT may be accessed through a network only after obtaining a site license. All components accompanying the software are copyrighted by Forshock and may not be taken apart, modified, used or published with other software or means except with the SOFTWARE PRODUCT software and may not be distributed or copied in any manner.

This SOFTWARE PRODUCT, all accompanying files, data and materials, are distributed "AS IS" and with no warranties of any kind, whether express or implied. The user must assume all risk of using the program. This disclaimer of warranty constitutes an essential part of the agreement.

Any liability of Forshock will be limited exclusively to refund of purchase price. In addition, in no event shall Forshock, or its principals, shareholders, officers, employees, affiliates, contractors, subsidiaries, or parent organizations, be liable for any incidental, consequential, punitive or any other damages whatsoever relating to the use of SOFTWARE PRODUCT.

In addition, in no event does Forshock authorize you to use this SOFTWARE PRODUCT in applications or systems where SOFTWARE PRODUCT 's failure to perform can reasonably be expected to result in a physical injury, or in loss of life. Any such use by you is entirely at your own risk, and you agree to hold Forshock harmless from any claims or losses relating to such unauthorized use.

This Agreement constitutes the entire statement of the Agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements. This Agreement shall be governed by the laws of the United States of America.

Forshock the owner of the copyright of this SOFTWARE PRODUCT, all of its derivatives, title and accompanying materials are the exclusive property of Forshock. All rights of any kind, which are not expressly granted in this License, are entirely and exclusively reserved to and by Forshock. You may not rent, lease, transfer, modify translate, reverse engineer, de-compile, disassemble or create derivative works based on this SOFTWARE PRODUCT. You may not make access to SOFTWARE PRODUCT available to others in connection with a service bureau, application service provider, or similar business, or use this SOFTWARE PRODUCT in a business to provide file compression, decompression, or conversion services to others. There are no third party beneficiaries of any promises, obligations or representations made by Forshock herein.

You may not disclose to other persons the data or techniques relating to this SOFTWARE PRODUCT that you know or should know that it is a trade secret of the Forshock in any manner that will cause damage to Forshock.

This SOFTWARE PRODUCT and all services provided may be used for lawful purposes only.  Transmission, storage, or presentation of any information, data or material in violation of any United States of America, State or City law is strictly prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. You agree to indemnify and hold Forshock harmless from any claims resulting from the use of this SOFTWARE PRODUCT, which may damage any other party.


THIRD PARTY PRODUCT LICENSES

The SOFTWARE PRODUCT uses technologies running on Microsoft Azure.  Additional terms and conditions can be read at https://azure.microsoft.com/en-us/support/legal/sla/

The SOFTWARE PRODUCT has a component based on CodePlex.Resourceful library: http://www.codeplex.com/resourceful
The CodePlex.Resourceful has next license agreement:
Copyright (c) 2008 John Spurlock

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.


The SOFTWARE PRODUCT has a component based on Apache log4net library: http://logging.apache.org/log4net/index.html

The Apache log4net has the Apache License: http://www.apache.org/licenses/LICENSE-2.0


The SOFTWARE PRODUCT has a component based on AlphaVSS library: http://www.codeplex.com/alphavss
The AlphaVSS  has next license agreement:

Copyright (c) 2008 Peter Palotas

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
 

TERMS AND CONDITIONS OF USE OF FORSITE SMS

ForSite M2M Terms & Conditions

Pricing Subject to change within 30 days written notice.
Pooling Amongst like plans only.
Disputes Customer has no more than 60 days to dispute invoice from date invoice was issued.
Rate Plans No charge to create 5 or less rate plans. Additional rate plans will cost $20 per plan.
Overages Customers are liable for all overage charges.
Watchdog Service of convenience and carries no warranty.
Billing Forshock will prorate the first month Monthly Recurring Charge (MRC). Forshock will charge entire month MRC and usage for final month of service. Non-US operator rate plans are based on foreign currencies. Forshock has built rate plans using current conversion rates and reserves the right to update the rate plan within 30 days written notice if exchange rates fluctuate. Usage incurred when roaming is not included as part of a plan’s inclusive amount. Monthly Suspension fee per connection = $2.00 for T-Mobile and the MRC for all other operators. Termination fees equal to the monthly recurring fee times the remaining term of a connection will be applied to the invoice immediately following the termination. Terminated sims may not be reactivated.
Surcharges All charges subject to 2.50% to 3.00% surcharge unless otherwise noted.
Rounding Data rounded to nearest 10Kb per session.
Default Provisioning Profile All carriers are provisioned according to domestic use only unless otherwise requested.
Return Policy Equipment purchases including sims may be returned within 45 days of purchase.
Price plan Addendums Take effect within 3 days of Forshock signature. Price plan changes are not retroactive.

Forshock Service Agreement
A. Definitions. The terms set forth below when used herein shall have the following meanings:
1. “Activation” occurs at such time as the Company commences providing Service to a Connection purchased by Customer.
a. Each new Connection assigned to an account constitutes “Activation”.
2. “Activation Date” means the date on which the Company commences providing Service to a Connection assigned to Customer under this Service Agreement on both the Company’s and Carrier’s networks.
3. “Billing Month” means each billing cycle of a calendar, consisting of approximately thirty (30) days, used by Company in its billing of Services to Customer.
4. “Carrier” means the underlying wireless carrier of the Service, and its subsidiaries and affiliates.
5. “Company” means, collectively, Forshock
6. “Connection(s)” means the ten (10) digit phone number assigned to an End User by the Carrier to provide access to the
a. Services.
7. “Deactivation” means termination of Service to any Connection assigned to Customer for any reason.
8. “End User” means an individual or entity obtaining access to and/or utilizing the Services from Customer.
9. “Equipment” means all devices or equipment necessary to enable Customer and End Users to receive the Service, including but not limited to, Customer’s network or facilities (if any), any End User device and related equipment.
10. “Facilities” means the CDMA, GPRS, EDGE, HSPA or LTE systems, or any combination thereof, including, without limitation, the telecommunications switching equipment, servers, cell sites, cell site/BTS transceiver equipment, connections, billing systems and other equipment utilized by Carrier to provide the Services.
11. “Billing Portal” means Forshock’s Proprietary Internet-based SAAS (“software as a service”) management platform that allows Forshock customers and business partners to access, monitor, use and manage their respective networks, connections and connected devices;
12. “Roaming” means having the ability to automatically make and receive voice calls, send and receive data, or access other services, including home data services, when travelling outside the geographical coverage area of the home network, by means of using a visited network.
13. “Service” means Company’s and Carrier’s data network and includes the features and services attached hereto and incorporated herein, and as amended at any time with prior notice.
14. “Service Plans” means the particular set of rates, terms and conditions to which Company makes its Service available to Customer.
15. “SIM” means subscriber identity module that identifies and authenticates subscribers on a mobile device.
16. “SIM or Activation Term” means the minimum amount of time for which a sim will be charged a monthly service charge. If a SIM is terminated, a termination fee equal to the remaining months of the SIM Term times the plan monthly recurring fee will be charged.
17. “User” means any person or entity purchasing Services from Company, including Customer but not including End Users.

B. Non-Exclusive Revocable Authority.
Company agrees to provide Customer with the non-exclusive, non-transferable and irrevocable authority to obtain GSM and/or CDMA Service Plans and SIMs from Company. Customer may obtain such Service Plans as part of either an M2M Product currently utilized by Customer, provided to entities directly or through a distribution channel. All distribution channels used shall comply with the terms and conditions outlined in this Forshock Service Agreement.

C. Term of Agreement.
Subject to the provisions of Section L hereof, the Term of this Forshock Service Agreement shall commence on the Activation Date and continue for a period of 24 months and automatically renew thereafter for consecutive one (1) year terms, unless terminated by either party with 60 days written notice to the other party prior to the expiration of the then current Term.

D. Access to Equipment and Connections.
Provision of Wireless Connections. Subject to FCC Number portability rules, Connection(s) associated with Service shall at all times be the property of Carrier, and Company may require the return or exchange of such Connections from time to time upon notice in the normal course of its business when required by the Carrier. In the event a Connection is requested to be returned, Company shall substitute an alternate Connection for such requested returned Connection. Company will use reasonable efforts to notify Customer thirty (30) days in advance of any required returns or exchanges, subject to FCC number portability rules. Customer shall notify Company immediately if (i) any Equipment is not in compliance with the terms and conditions contained herein, (ii) causes radio frequency interference with Carriers network, (ii) degrades Service on Carrier’s network, (iv) does not comply with US federal, state or local laws and regulations, (v) is stolen, (vi) has been used for fraudulent purposes, (vii) is defective or (viii) otherwise degrades service on Carriers network. Company reserves the right to suspend Service at the point of Activation to any such Equipment when the Equipment is not in compliance with the terms and conditions contained herein or the conditions above resolved. Company shall not be liable to Customer or End Users if Service is denied.

E. Prices and Terms of Payment.
1. General. The Service Plans available to Customer are subject to the terms and conditions of such Service Plan(s) chosen by the Customer, to the extent they do not conflict with the terms of this Forshock Service Agreement. Company’s billing records shall be based on the billing system provided by the Carrier and shall be the sole records used to determine what Service was rendered and shall prevail over any records maintained by other third parties. Customer agrees to pay Company in full for all undisputed charges invoiced each month. Taxes imposed by federal, state and/or local regulation and/or tariffs which are required to be paid by the End User shall be included in the invoice. Service Plan charges to Company may be changed by the Carrier during the Term of this Forshock Master Service Agreement; therefore, such increases in charges shall be passed through to Customer without additional markup or margin by Forshock upon 30 days prior written notice.
2. Invoices. Company shall submit an invoice to Customer on a monthly basis, for Service furnished in accordance with the terms of this Forshock Service Agreement. Such invoice shall include reasonable detail regarding the amounts charged. Customer shall pay all undisputed amounts on such invoices within 30 days after the date the invoice was received or, if bills are electronically posted, within 30 days of such electronic posting. In the event that payment is not made within such 30 day period, Company reserves the right to charge a late fee equal to eighteen (18%) percent annually from the due date until paid. Company reserves the right to interrupt or terminate Service in the event Customer fails to pay undisputed charges within 30 days after a proper notice of nonpayment.
3. Disputed Charges. Customer shall provide Company with written notice of any disputed charges within 30 days after Customer receives an invoice containing the charges in question and, with such notice will include reasonable detail regarding the dispute. If the disputed charges cannot be resolved by mutual agreement between Customer and Company within thirty (30) days, then the dispute will be handled under the dispute resolution process described in Section M. Notwithstanding anything contained herein to the contrary, Customer shall pay all undisputed charges when due.
4. Service Modifications. If Customer desires to modify or terminate Service with respect to one or more Connections, Customer shall provide Company with written notice thereof. Such notice shall specify the Connection(s), the date upon which Service should be modified or terminated, the nature of the proposed modification or termination, and such additional information as Company may reasonably request. Company may modify or terminate Service with respect to one or more Connection(s) as provided below in Section I with respect to abuse or fraudulent use. Company may not otherwise modify or terminate Service except as expressly provided herein.
5. Bankruptcy. If Customer files for bankruptcy protection or an involuntary bankruptcy petition is filed against Customer, Company and Customer agree that Company shall be entitled to draw down against any deposit for any charges that are past due at that time. Should Company seek relief from the automatic stay in order to affect such action, although such relief may not be required under current law, Customer agrees and stipulates to the entry of relief from the stay and agrees to raise no defenses thereto. Company and Customer stipulate that the deposit and the Customer’s obligations under this Forshock Service Agreement arise out of the same transaction.
6. Payment Terms and Deposit. In the event Customer is in Default (as hereinafter defined) on its financial obligation to Company and fails to cure such Default within thirty (30) days after notice from Company, Company may modify the payment terms to require full payment in advance of any future Service and/or require Customer to provide a security deposit to secure Customer payment obligations hereunder. In the event the Customer defaults on its financial obligation to Company and Company incurs legal and/or collection fees to pursue collection, Customer agrees to reimburse Company in full for all costs incurred to satisfy collection, including reasonable legal and/or professional fees.
7. Taxes. Customer shall pay all applicable federal, state and local sales, use, public utilities, gross receipts or other taxes, fees, or recoveries imposed on Company by any federal, state and local governmental entity with jurisdiction over the territories in which the Service is received as a result of this Forshock Service Agreement (collectively, “Taxes”) (other than taxes imposed on the net income of Company). Customer will submit certificates of resale for federal excise tax to the Company upon receipt as required for the states in which it resells Service. Customer is responsible for collecting from its End Users and paying all Taxes associated with its provision of Service, where applicable. Customer will reimburse Company for any such Taxes paid by Company on Customer’s behalf within ten (10) days of written demand along with proof of payment.

F. Customer’s Obligations; Limitations.
1. Charges for Service. Customer is solely responsible for all charges with respect to any Service Plans assigned to Customer. Monthly recurring fees are not prorated when a connection is suspended or terminated. Suspended connections are invoiced at the plan's monthly recurring rate unless otherwise stated.
2. SIMs and Equipment. Where applicable, Customer must purchase SIMs from Company for obtaining Service on Carrier’s data network. Customer is only authorized to use SIMs purchased under this Forshock Service Agreement by properly inserting the SIMs into Approved Equipment for use on Carrier’s Facilities. Equipment and sims may be returned within 45 days of purchase. Any returns may be subject to a 20% restocking fee.

G. Trade Names and Trademarks.
1. Company Marks. Customer shall not use, acquire or claim any right, title or interest in or to the trademarks, service marks or trade names (collectively, “Marks”) owned by or licensed to Company or Carriers, unless Customer receives express prior written consent from Company or Carrier.
2. Survival. Any term which by its nature extends beyond expiration or termination of this Forshock Service Agreement shall survive any such expiration or termination and remain in effect until fulfilled and shall apply to respective successors and assigns.

H. Description of Service.
Service shall be provided in accordance with the descriptions set forth herein.

I. Restrictions.
1. Forbidden Activities. Service to a Connection may be suspended if there is a reasonable suspicion of fraudulent use. Customer agrees to make good faith efforts to minimize abuse or fraudulent use, to promptly report to Company any such abuse or fraudulent use of which Customer becomes aware, and to cooperate in any investigation or prosecution initiated by Company. Customer shall not, and shall use commercially reasonable efforts to ensure that End User shall not:
(a) Attempt or assist another to intentionally and fraudulently access, alter or interfere with the communications and/or information of other data Users;
(b) Rearrange, tamper or make an unauthorized connection with any Facilities of a Carrier;
(c) Use or assist others in the use of any unethical or fraudulent scheme, or by or through any other unethical or fraudulent means or devices whatsoever, with intent to avoid payment of, in whole or in part, any charges for Service;
(d) Use the Service in such a manner so as to intentionally interfere unreasonably with the use of Service by one or more other Users or End Users;
(e) Without limiting the obligation of Company and the Carriers to have and maintain any licenses necessary to provide the Service, use the Service to convey information that is obscene, salacious or prurient, or to convey information of a nature or in such a manner that renders such conveyance unlawful;
(f) Use the Service without permission on a stolen or lost device;
(g) Install any amplifiers, enhancers, repeaters or other devices that modify the radio frequencies used to provide the Service in an manner consistent with fraudulent use; or
(h) Use or alter, or attempt to use or alter, the Service for any non-data purpose, including but not limited to voice related services.
2. Restriction on Number Assignment. A Connection may be associated with only one End User device at any given time, unless Company provides prior written approval otherwise.

J. Limitations of Warranties and Liability.
1. Disclaimer of Warranties. EXCEPT AS TO ANY WRITTEN LIMITED WARRANTY THAT MAY BE PROVIDED, ALL EQUIPMENT IS PROVIDED ON AN “AS-IS” AND “WITH ALL FAULTS” BASIS AND THE EQUIPMENT AND SERVICES IS PROVIDED WITHOUT ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER ASSUMES ALL RESPONSIBILITY AND RISK OF USE OF THE EQUIPMENT. COMPANY DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON ITS BEHALF AND CUSTOMER ACKNOWLEDGES IT IS NOT RELYING ON ANY SUCH STATEMENT. ANY STATEMENTS MADE IN PACKAGING, MANUALS OR OTHER DOCUMENTS, ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND NOT AS WARRANTIES BY COMPANY OF ANY KIND. NEITHER COMPANY NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DEALERS, SUPPLIERS, PARENTS WARRANT THAT THE INFORMATION, PRODUCTS, PROCESSES, AND/OR SERVICES AVAILABLE THROUGH THE SERVICE OR EQUIPMENT WILL BE UNINTERRUPTED, ACCURATE, COMPLETE, USEFUL, FUNCTIONAL OR ERROR FREE EXCEPT AS EXPRESSLY STATED OTHERWISE IN THIS FORSHOCK SERVICE AGREEMENT OR ANY PAPER OR ON-LINE COPIES OF ANY END USER DOCUMENTATION PROVIDED BY THE CARRIERS OR THE EQUIPMENT MANUFACTURER. CUSTOMER HAS NOT RELIED ON AND WILL NOT CLAIM THAT IT IS ENTITLED TO THE BENEFITS OF ANY REPRESENTATIONS, PROMISES, DESCRIPTION OF THE SERVICE OR OTHER STATEMENT NOT SPECIFICALLY SET FORTH IN THIS FORSHOCK SERVICE AGREEMENT OR ANY PAPER OR ON-LINE COPIES OF ANY END USER DOCUMENTATION PROVIDED BY THE CARRIERS OR THE EQUIPMENT MANUFACTURER.
2. Limitation of Liability. EVEN IF COMPANY HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, THEY WILL NOT BE LIABLE TO CUSTOMER OR ANY OF CUSTOMER’S EMPLOYEES, AGENTS, END USERS, CUSTOMERS OR ANY THIRD PARTIES FOR ANY DAMAGES ARISING FROM USE OF THE SERVICE OR ANY EQUIPMENT, INCLUDING WITHOUT LIMITATION: DISCLAIMED DAMAGES, PERSONAL INJURY OR PROPERTY DAMAGES; OR ANY DAMAGES WHATSOEVER RESULTING FROM INTERRUPTION OR FAILURE OF SERVICE, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA, OR THE INABILITY TO USE THE SERVICE. EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, IT WILL NOT BE LIABLE TO THE OTHER PARTY OR ANY OF ITS EMPLOYEES, AGENTS, END USERS, CUSTOMERS OR ANY THIRD PARTIES FOR ANY PUNITIVE, CONSEQUENTIAL OR INDIRECT DAMAGES UNLESS THE DAMAGES ARISE FROM THE COMPANY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
THE SERVICE IS NOT GUARANTEED AGAINST EAVESDROPPERS, HACKERS, ATTACKS, VIRUSES, OR INTERCEPTORS, AND CUSTOMER AGREES THAT COMPANY SHALL NOT BE LIABLE TO CUSTOMER OR END USERS FOR ANY LACK OF PRIVACY OR SECURITY UNLESS COMPANY FAILS TO USE REASONABLE EFFORTS TO PREVENT (AND FAILS TO CAUSE THE CARRIERS TO USE REASONABLE EFFORTS TO PREVENT) SUCH ACTIONS. THE MAXIMUM AGGREGATE LIABILITY OF A PARTY TO THE OTHER PARTY, AND THE EXCLUSIVE REMEDY AVAILABLE IN CONNECTION WITH THE AGREEMENT FOR ANY AND ALL DAMAGES, INJURY, LOSSES ARISING FROM ANY AND ALL CLAIMS AND/OR CAUSES OF ACTION RELATED TO THE SERVICE OR EQUIPMENT, SHALL BE TO RECOVER NO MORE THAN $10,000.00; PROVIDED, HOWEVER, THAT THIS LIMITATION SHALL NOT APPLY TO DAMAGES ARISING FROM A PARTY’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, A PARTY’S FAILURE TO COMPLY WITH APPLICABLE LAW, AMOUNTS PAYABLE BY A PARTY UNDER AN OBLIGATION TO INDEMNIFY AND DEFEND THE OTHER PARTY, OR DAMAGES ARISING FROM TERMINATION OR SUSPENSION OF THE SERVICE BY COMPANY OR A CARRIER WITHOUT HAVING A RIGHT TO DO SO UNDER THIS FORSHOCK SERVICE AGREEMENT. THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THIS FORSHOCK SERVICE AGREEMENT WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES. THE LIMITATIONS SET FORTH IN THE PRECEDING TWO PARAGRAPHS ARE INDEPENDENT OF EACH OTHER AND BOTH THE LIMITATION OF DAMAGES AND LIMITATION OF REMEDY SET FORTH ABOVE WILL SURVIVE ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY OR ALL PARTS OF THE LIMITED REMEDY SET FORTH IN THE PARAGRAPH IMMEDIATELY ABOVE.
3. Except as set forth in Section 4, Company shall not be liable for, and Customer shall defend, indemnify, hold harmless and forever discharge Company from, all damages (including personal injury or death and damage to property), claims, actions, losses, liabilities and other expenses (including reasonable attorneys’ fees), regardless of the time when they occur, that arise out of any action brought by an End User or other third party in connection with (i) its or Customer’s use of Company Service or the Customer Product or Service (used independently or in conjunction with the Company) or any Equipment or software used in conjunction therewith, (ii) any disabling of Equipment by Company or (iv) any violation of applicable law by Customer.
4. Customer shall not be liable for, and Company shall defend, indemnify, hold harmless and forever discharge Customer, its affiliates, and their respective customers, agents and End Users from, all damages (including personal injury or death and damage to property), claims, actions, losses, liabilities and other expenses (including reasonable attorneys’ fees), regardless of the time when they occur, that arise out of (i) a claim that the Service infringes or misappropriates a third party’s intellectual property rights; (ii) gross negligence or willful misconduct of Company and its agents and suppliers (including the Carriers); or (iii) a violation of applicable law by Company or a Carrier.
5. Each party agrees to secure and maintain in force and effect all insurance, licenses, approvals, certifications, and permits necessary to conduct its business in full compliance with all applicable laws, ordinances and regulations. Company agrees to ensure that the Carriers will secure and maintain in force and effect all licenses, approvals, certifications, and permits necessary to conduct its business in full compliance with all applicable laws, ordinances and regulations.
6. Customer and End User have no contractual relationship with the Carriers. Without limiting Company’s obligations hereunder, End User understands and agrees that the underlying Carriers shall have no legal, equitable or other liability of any kind to the End User.
(a) End User acknowledges that Service may be temporarily refused, interrupted, curtailed or limited because of atmospheric, terrain, other natural or artificial conditions and may be temporarily interrupted or curtailed due to usage concentrations, modifications, upgrades, relocation and repairs of transmission Facilities.
(b) End User agrees that the Carrier shall not be responsible for such interruptions of Service or the inability to use the Service outside its service coverage area.
(c) End User understands that the Carrier cannot guarantee the security of wireless transmissions and will not be liable for any lack of security relating to the use of the Service.
(d) In no event shall the underlying Carrier be liable for any cost, delay, failure or disruption of Service, lost profits, or incidental, special, punitive or consequential damages.
(e) In no event shall the underlying Carrier be liable for the failure or incompatibility of Equipment utilized by End User in connection with the Service. End User shall use Equipment at its own risk.

K. Default, Termination, Disconnection and Migration of Service.
1. “Default” under this Forshock Service Agreement shall be defined as:
(a) Customer’s breach of a material term, any representation, warranty or covenant of this Forshock Service Agreement;
(b) Failure by Customer to pay any undisputed sum due to Company hereunder within five (5) days after same is due hereunder;
(c) Customer filing of a petition seeking relief for itself under the bankruptcy laws of any jurisdiction;
(d) Entry of an order for relief against Customer under the bankruptcy laws of any jurisdiction;
(e) Customer making of a general assignment for the benefit of its creditors;
 (f) Customer’s consent to the appointment of or taking possession of all or substantially all of its assets by a receiver, liquidator, assignee, trustee, or custodian;
(g) Customer’s insolvency or failure to pay its debts generally as they become due;
(h) Customer’s action (or sufferance of any action taken by its directors or shareholders) effecting or seeking its
dissolution or liquidation;
(i) Unauthorized assignment of this Forshock Service Agreement.
2. Termination.
(a) Customer may terminate this Forshock Service Agreement without cause and without liability (other than for amounts properly due and payable with respect to Service provided prior to the effective date of termination) upon not less than 120 days prior written notice to Company.
(b) Company may terminate this Forshock Service Agreement in the event of a Default by Customer under Section K.1 above which is not cured within thirty (30) days following written notice to the Customer.
(c) Company may terminate this Forshock Service Agreement in the event Customer fails to pay any undisputed amount due to Company when due and fails to cure such Default within thirty (30) days following prior written notice to Customer.
(d) A Default for an unauthorized assignment of this Forshock Service Agreement shall automatically terminate this Forshock Service Agreement without any further notice or action required from the Company.
(e) Termination of this Forshock Service Agreement for any cause does not release Customer from its payment obligations as noted herein.
3. Disconnection of Service. Upon termination of this Forshock Service Agreement for any reason, Company shall cease to provide Service to Customer and the End Users as of the date of termination. Customer shall provide reasonable notice to the End Users, of any disconnection of service caused by termination of this Forshock Service Agreement.
4. Survival of Financial Obligations. Termination of this Forshock Service Agreement shall not release either Party from any financial obligation owed to the other Party, to any financial obligations that might subsequently accrue as the result of any act or omission occurring prior to termination, nor from any obligation which is expressly stated to survive termination.
5. Remedies. Termination, regardless of cause or nature, shall be without prejudice to any other rights or remedies of the parties and shall be without liability for any loss or damage occasioned thereby, subject to the other terms herein. Termination of this Forshock Service Agreement for any cause shall not release either Party from any liability which at the time of termination has already accrued to the other Party hereto or which thereafter may accrue in respect of any act or omission prior to termination.

L. Company Warranties.
In addition to all other Company representations and warranties set forth herein, Company represents and warrants that:
1. Company’s execution of this Forshock Service Agreement and Company’s performance of its obligations hereunder does not now and will not in the future violate any agreement between Company and any third party.
2. The Service does not and will not infringe or misappropriate a third party’s intellectual property rights.



M. Miscellaneous.
1. Entire Agreement. This Forshock Service Agreement, including all exhibits and attachments hereto, sets forth the entire understanding between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous understandings, communications or agreements, whether written or oral, regarding such subject matter.
2. Authority. Each Party hereto warrants that it has the authority to enter into this Forshock Service Agreement, and the signatories, by executing this Forshock Service Agreement, warrant that they have the authority to bind the respective parties.
3. No Joint Venture or Agency. Nothing herein shall be construed or deemed to create any joint venture, partnership, franchise, or agency between Company and Customer. The rights, duties, obligations and liabilities of Company and Customer are separate and not joint or collective, and it is not the intention of the parties hereto to create under any circumstances a joint venture or partnership or the relationship of master-servant or principal-agent. Except as expressly provided herein, Customer shall have no authority to commit or bind Company with respect to any third party.
4. Severability. If any term of this Forshock Service Agreement or the application thereof to any person, entity or circumstance shall at any time or to any extent be determined to be invalid or unenforceable under any provision of applicable law, to the full extent the applicable law may be waived, it is hereby waived. To the extent such law cannot be waived, the invalid or unenforceable term shall be replaced by a valid term which comes closest to the intentions of the parties to this Forshock Service Agreement. In case such replacement term cannot be agreed upon, the invalidity of the term in question shall not affect the validity of any other term or this Forshock Service Agreement as a whole, unless the invalid term is of such essential importance that it can be reasonably assumed that the parties would not have entered into this Forshock Service Agreement without the invalid term.
5. Waivers. Neither the waiver by either Party to this Forshock Service Agreement of any breach of any agreement, covenant, condition or provision hereof nor the failure of either Party to seek redress for violation of, or to insist upon strict performance of, any such agreement, covenant, condition or provision shall be considered to be a waiver of any such agreement, covenant, condition or provision or of any subsequent breach thereof. No provisions of this Forshock Service Agreement may be waived except by written agreement of Company.
6. Binding Effect; Successors and Assigns; Assignment. This Forshock Service Agreement shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives, and permitted assigns. Company may assign its rights and obligations hereunder to an Affiliate that is at least as creditworthy as Company by giving Customer written notice of such assignment, which assignment shall fully release Company from any further obligations or liability under the terms of this Forshock Service Agreement commencing on the effective date of the assignment. Upon prior written consent of the Company, which consent shall not be unreasonably withheld or conditioned, Customer may assign its rights and obligations hereunder to an assignee of equal or greater financial standing at the time of this Forshock Service Agreement including to a subsidiary or an affiliate of Customer or in connection with a sale or other disposition of Customer, its affiliates, or one of their respective business units. At least thirty (30) days prior to the proposed assignment, Customer shall provide written notice to Company, which notice shall include financial statements of such assignee along with a proposed assignment agreement between the parties for the Company’s review and approval.
7. Force Majeure. If either Parties’ performance of any of its obligations hereunder is delayed by strike, labor dispute, war, act of God, governmental action, flood, fire, explosion or other matters not within its reasonable control or by the inability of either Party or a Carrier to procure and obtain needed government consents or approvals), then the date for performance shall be extended by the time of such delay; provided, however, that, as to any and all such causes, the Party so affected shall pursue with reasonable diligence the avoidance or removal of such delay if reasonably feasible.
8. Notices. All notices and other communications required by this Forshock Service Agreement shall be given in writing and shall be
deemed to have been duly given and effective upon receipt via email.
To Company
FORSHOCK
Attn: CONTRACTS
15000 Seventh Street, Suite 202A
Victorville, California 92395
Tel: +1 760 881 4865
support(at)forshock(dot)com
To Customer:________________________________________________________________________________________________
Tel ______________________________________
Email _____________________________________________________________
9. Governing Law, Venue, and Jurisdiction. This Forshock Service Agreement and the rights and obligations of the parties hereunder shall be construed in accordance with and shall be governed by the laws of the State of California, without reference to the principles of conflicts of laws that would require the application of the laws of another jurisdiction and notwithstanding the location of the Company or Customer and its Facilities.

10. Dispute Resolution.
(a) Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Any arbitration hearing shall be held in Victorville, CA before one (1) arbitrator.
(b) Nothing in this Forshock Service Agreement shall prevent either Party from seeking injunctive relief before any court of competent jurisdiction.

N. Attachments and Exhibits. The attachments and exhibits hereto constitute a part of this Forshock Service Agreement.
1. Service Plans. Customer shall be liable for payment of monthly Service Charges for each data Service Plan and any and all charges and fees related to each End User’s use of the data Service to the extent set forth in Schedule A, attached agreement, and/or initial invoice.
2. Usage Charges.
a) Data Usage. Data usage charges will apply for data transmissions, text messages, downloadable content, program, instruction or file, alerts and any other information sent through the Carrier’s Facilities and associated with the Device. Those charges are set forth in the applicable Service Plans. Unless stated otherwise, all data will be calculated and billed in kilobytes. Any fraction of a kilobyte used on the Carrier’s Facilities will be rounded up and charged as ten (10) kilobytes. Any fraction of a kilobyte used on the non-Carrier Facilities during domestic roaming off of the Carrier’s Facilities will be rounded up and charged as ten (10) kilobytes.
b) Dropped Transmissions. Data transmissions may be involuntarily interrupted (“dropped”) for a variety of reasons beyond the control of Carrier. Dropped transmissions will be billed as any other transmission. In addition, Carrier may try to resend a dropped transmission, which will result in additional charges.
c) Roaming. Roaming charges apply when Equipment is used outside of the geographical coverage area of the home network, by means of using a visited network. Billing of roaming charges and minutes of use or Services may be delayed or applied against included minutes or Services in a subsequent billing cycle, which may cause Customer to exceed your allocated minutes or Services in a particular billing cycle. Roamed usage is not considered inclusive usage for any bundled plan. Domestic and International roaming charges will be applied in addition to any bundled or unbundled usage plan charges. Company may, in its discretion, on written notice to Customer, increase international roaming rates to reflect Company’s increased costs.
d) Limitations of Watchdog services. Customer acknowledges that the Watchdog service offered under this Forshock Service Agreement is a tool that when used may provide an approximation of current usage levels and may be subject to latency and reporting delays of wireless carrier systems beyond the control of Company. Due to potential system limitations, including Customer applications and devices, Company does not guarantee that scheduled Watchdog reports or actions will be executed in real or near real time. Customer acknowledges that a device in session may incur significant overage charges before the Watchdog function can be successfully executed, and that failure of the Watchdog system to immediately suspend or report on a device for overuse conditions will not be grounds to dispute overage charges incurred by a device that exceeds a Watchdog parameter.

O. Data Access
1. Right to Access and Use. Company and Customer hereby grant to Users the fully paid-up and royalty- free right and license to access, view, monitor, use, copy, and download the Customer Content to the same extent as Users may do, except that Users will have no right to modify, alter, reverse engineer, decompile, disassemble, reverse assemble or otherwise manipulate the Customer Content.
2. Password-Protected Access; User IDs and Passwords. The right granted to Users pursuant to this Rider shall be provided by means of password-protected access. Company will grant to Users a user account administrative privileges to Billing Portal, allowing Users to issue to designated Users representatives the requisite user I.D.’s and passwords to access the Users Content.
3. Permitted Use of Customer Content. Users may use the Customer Content for purposes of (A) monitoring Customer’s account status; (B) testing network connectivity; (C) providing support and trouble-shooting for medical devices; (D) verifying the status of Company Services and/or the Customer’s SIM Card, and (E) for all other purposes and uses reasonably related to optimizing Customer’s provision, for or on behalf of Users of cellular network services. In turn, Customer agrees to (i) restrict access to Customer Content to those of its employees who have a need to know same as part of their official duties; (ii) prohibit its employees from using any information from the Customer Content for personal reasons; (iii) keep all user identification numbers, and related passwords, or other security measures (collectively, “User IDs”) confidential and prohibit the sharing of User IDs; (iv) immediately deactivate the User ID of any employee who no longer has a need to access the Customer Content, and for terminated employees, on or prior to the date of termination; (iv) use or disclose the Customer Content only as permitted by this Forshock Service Agreement or as required by law; and (v) require all subcontractors or agents that receive or access the Customer Content, to abide by the same obligations and restrictions as those assumed by Customer under this Rider.
4. Customer Designated as Third Party Beneficiary. Users are hereby designated as a third party beneficiary of this Forshock Service Agreement, with full right of enforcement, including the right to enforce the provisions hereof and the parties’ respective obligations hereunder. With the exception of Users which are designated as a third party beneficiary, no person who is not a party to this Forshock Service Agreement shall have any rights hereunder, and shall have no right to enforce this Forshock Service Agreement.

The Forshock Service Agreement is made between Forshock (“Forshock”) and the undersigned Customer for the services and prices listed on the attached Schedule and/or Initial Invoice and any future service order that is submitted by Customer and accepted by Forshock.
This Forshock Service Agreement, along with all attached agreements and schedules constitute the entire agreement of the parties and supersedes all prior offers, negotiations and agreements. This Agreement shall be construed in accordance with and governed by the laws of the State of California.
Customer acknowledges that they have read this Agreement and all attachments, understand them, and agrees to be bound by their terms and conditions.

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    • Forshock
      13782 Bear Valley Rd. D-3 #25
      Victorville, CA 92392
    • Ph: (760) 881-4865
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