Last Updated: March 15, 2022
FORWARD___Space
Terms of Service
Welcome to forward-space.com. Please read these Terms of Service carefully before using the services offered by 4th Wall Dance Inc. (“FORWARD__Space”, “us”, “we”).
These Terms of Service (this “Agreement”) sets forth the terms and conditions of our relationship and governs your use of the FORWARD__Space website https://forward-space.com (the “Site”), the FORWARD__Space mobile application (the “App”), the purchase of FORWARD__Space merchandise (the “Merchandise”) through the FORWARD__Space online store (the “Store”), the purchase of FORWARD__Space virtual hub membership (the “FSVH Membership”), your use of the FORWARD__Space virtual hub platform (the “FSVH Platform”), the online purchase of on-premises FORWARD__Space classes (each, a “Class”), and all other services, features, content, and applications offered by FORWARD__Space by FORWARD__Space (collectively, the “Services”). By accessing the Services, you agree to be bound by the terms of this Agreement, which also incorporate FORWARD__Space’s Privacy Policy.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT, WHICH WILL REQUIRE YOU TO SUBMIT ANY CLAIMS YOU MAY HAVE AGAINST FORWARD__SPACE TO BINDING AND FINAL ARBITRATION. IN ADDITION, UNDER THE ARBITRATION PROVISION, (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST FORWARD__SPACE ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (B) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE SECTIONS REGARDING ARBITRATION.
PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. If you are not eligible, or do not agree to this Agreement, then you do not have our permission to use the Services.
General Agreement between FORWARD__Space and You
1. FORWARD__Space may make changes to this Agreement from time to time without specifically notifying you. FORWARD__Space will post the latest Agreement on the Site, but it is up to you to review it before using the Services. If you continue to use the Services after any of these changes, your continued use will mean that you have accepted any changes to the Agreement. If you do not accept updated versions of the Services, FORWARD__Space shall not bear any responsibility or liability for your decision.
2. In addition, some services offered through the Services may be subject to additional terms and conditions specified by FORWARD__Space from time to time, and your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Some portions of the Services rely on Third Party Services
1. You acknowledge that the Services interoperate with several third-party sites and services, including not limited to Shopify, Mindbody, Uscreen, and other third party-services (collectively, the “Third Party Services”), and that some of the Services provided are dependent on the availability of such Third Party Services. If at any time any Third Party Services cease to provide availability to FORWARD__Space, FORWARD__Space may cease to provide such features to you without entitling you to refund, credit, or other compensation.
2. In order to use the features of the Services related to the Third Party Services, you may be required to register for an account with such Third Party Service.
Purchasing Merchandise, Classes, and FSVH Memberships
1. You understand that FORWARD__Space does not store payment and/or credit card information from you and that all payments are facilitated separately by the Third Party Services.
2. You understand that any and all credit card, debit card, bank, or other payment information supplied by you to pay for any purchase made on the Store, Site, App or FSVH Platform (“Transaction”), is transmitted directly to a Third Party Service, which processes, stores, and otherwise uses such information in order to facilitate payments.
3. You agree to ensure that all payment information supplied by you is accurate and correct and kept updated with the Third Party Service at all times and that you are fully authorized to use such credit card and payment information and Third Party Service for purposes of paying for any Transaction.
4. You agree that once you make payment for any Transaction, you will not seek to cancel, charge back, or otherwise seek a refund on any basis that is fraudulent, misleading, or untrue.
5. Classes or gift cards to purchase Classes can be purchased by creating an account on the Site or App (“Class Account”). You understand that you are responsible for the accuracy and completeness of the information provided through your Class Account.
6. FSVH Memberships can be purchased by creating an account on the FSVH Platform (“FSVH Account”). You understand that you responsible for the accuracy and completeness of the information provided through your FSVH Account. Your FSVH Membership is also governed by the FSVH Membership Terms, which are incorporated herein by reference.
7. Merchandise can be purchased in the FORWARD__Space on-premises studio or on the Store. If purchasing Merchandise through the Store, you may create a Store account (“Store Account”). You understand that you responsible for the accuracy and completeness of the information provided through your Store Account.
8. By creating a Class Account, FSVH Account, or Store Account, or by otherwise completing a Transaction, you warrant that you are at least 18 years old and legally capable of entering into binding contracts.
9. FORWARD__Space has the right to end or modify any promotion related to the purchase of a Class, FSVH Membership, or Merchandise at any time at its sole discretion.
Merchandise Store Terms
1. If you order multiple Merchandise items within a single order, FORWARD__Space reserves the right to either (i) ship your order once all items become available to ship or (ii) to split your order containing multiple items into multiple shipments at FORWARD__Space’s discretion.
2. Returns and refunds of Merchandise are governed by FORWARD__Space’s Return Policy, which is incorporated herein by reference. You represent that you have reviewed the Return Policy and understand that it will apply to any returns of Merchandise you wish to make.
3. FORWARD__Space may reject, modify or cancel your Merchandise order for any reason prior to shipping. If FORWARD__Space rejects your order after payment has already been taken, FORWARD__Space will provide you with a refund to the payment method used to order the Merchandise.
4. Shipping and delivery dates for your order are not guaranteed. All shipping timelines are estimated. FORWARD__Space is not liable for delays due to carrier, regardless of shipping method.
5. FORWARD__Space will use commercially reasonable efforts to fulfill your Merchandise order by the estimated delivery date, however, it is understood that circumstances outside of FORWARD__Space’s control may delay fulfillment or delivery, including, but not limited to: high-order volumes, holidays, weather, preorder delays, manufacturing delays for preorder product, and shipping delays from the content provider for preorder product.
6. Shipping delays will occur if an incorrect or incomplete address is provided in your Store Account. FORWARD__Space is not responsible for any lost packages due to you providing an incorrect or incomplete shipping address. If the package containing the Merchandise you ordered is returned to FORWARD__Space due to a shipping error, FORWARD__Space will contact you via the email associated with your Store Account for an updated address to send the Merchandise. If FORWARD__Space does not receive a response within ten (10) business days of contacting you, FORWARD__Space reserves the right to refund your order to the payment information associated with your Store Account.
7. Occasionally, technical problems may delay or prevent delivery of purchased Merchandise. In such event, your sole remedy will be either a replacement product or a refund, as determined by FORWARD__Space.
8. Merchandise purchased will be at your own risk of loss from the time of delivery to the address provided in your Store Account. Ownership of the Merchandise will only pass to you when FORWARD__Space receives full payment of all sums due in respect of the Merchandise, including any shipping and delivery charges.
Class Reservations
1. Once a Class has been purchased, you may use the Class to book a Class date and time on the Site or App (“Reservation”).
2. Reservations must be cancelled by 5pm the night before your class. If your Reservation is timely cancelled, the Class will be credited to your Class Account for future use. You understand that you will not receive a refund for any cancelled Class. If your Reservation is not cancelled by 5pm the night before your class, the Class will not be credited to your Class Account and you will not be entitled to any refund. Reservations may be cancelled on the Site, App, or by calling or emailing FORWARD__Space.
3. You understand that if you do not cancel your Reservation or are not physically present for your Reservation at least five minutes prior to the Reservation, FORWARD__Space shall have the right to release your Reservation, without any refund or credit to you.
4. You understand that the Class has an expiration date, which is posted in the description of the Class on the Site and App and listed on your Transaction receipt.
5. You acknowledge and understand that participation in a Class may expose you to many inherent risks, including accidents, injury, illness, or even death. By participating in a Class, you assume all risk of injuries associated with such participation, including, but not limited to, falls, contact with other participants and equipment, and all other such risks, all being known and appreciated by you.
6. You acknowledge that you are responsible for communicating any physical and psychological concerns that might conflict with your participation in any Class activity. By participating in a Class, you acknowledge that you are physically fit and mentally capable of performing each physical activity that you choose to participate in.
7. In consideration of acceptance of your participation in a Class, you agree, for yourself and anyone entitled to act on your behalf, to HOLD HARMLESS, WAIVE AND RELEASE FORWARD____Space, its directors, officers, agents, employees, contractors, successors and assigns from any responsibility, liabilities, demands or claims of any kind, whether in law or equity, which arise or which may hereafter arise out of my participation in a Class, whether caused by the negligence of FORWARD____Space or its directors, officers, agents, employees, contractors, successors, assigns, or otherwise.
What Laws and Rules You Are Responsible for Following
1. You are responsible for all of your activity in connection with the Services, including abiding by all applicable local, state, national and international laws and regulations applicable to you. You are solely responsible for ensuring that this Agreement complies with all laws, rules and regulations applicable to you. You promise not to use the Services for any purpose that is prohibited by this Agreement.
2. You understand FORWARD__Space may, in its sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time and that FORWARD__Space reserves the right (without undertaking any duty) to use “geo-filtering” or other technologies to block access to certain jurisdictions, in its sole discretion, without notice.
3. You understand that your right to access the Services will be revoked where this Agreement or use of the Services is prohibited and, if that is the case, you agree not to use or access the Services in any way.
4. You agree that FORWARD__Space may terminate your use of the Services and prohibit you from accessing the Services, for any reason, or no reason, and with or without notice.
We do our best to keep the Services safe and operational, but we cannot guarantee it. We need your help to do that, which includes the following commitments.
1. You will not use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.
2. You will not harvest or scrape any content or materials from the Services.
3. You will not knowingly transmit false or misleading information through the Services.
4. You will not use the Services in any manner that: infringes (or results in the infringement of) FORWARD__Space’s or any third party’s intellectual property or other rights; is (or you reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; does not comply with all applicable laws, rules, or regulations, including obtaining all necessary permits, licenses, registrations, etc. In the case of any proposed or actual transaction, “applicable” refers to both your own location and to location(s) of all other parties to the transaction; or would cause FORWARD__Space to be in violation of any law or regulation, or to infringe any right of any third party.
5. You will not publish falsehoods or misrepresentations that may damage FORWARD__Space or any third party.
We are not responsible for third party sites and content
1. You understand the Services may contain (or you may receive from FORWARD__Space or third parties) links to other web sites (“Third Party Sites”) or content posted, owned or originating from third parties such as, by way of example only, pictures, designs, photographs, graphics, text, sound, recipes, video, information, software, applications and any other content (“Third Party Content”).
2. You understand and agree that FORWARD__Space is not responsible for, and does not control, Third Party Services, Third Party Sites and Third Party Content. You also understand and agree that FORWARD__Space is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such Third Party Services, Third Party Sites and Third Party Content.
3. You acknowledge and agree that FORWARD__Space 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 the use of, or reliance upon, any such content, goods or services available on or through any such Third Party Services, Third Party Site or Third Party Content.
Who Owns What and How You Can Use It
The copyright to all content the on the Services is owned by the provider of that content.
1. All content and data related to the Services are the property of FORWARD__Space and are protected under applicable copyright law, trademark law and other proprietary rights.
2. You may not copy, redistribute, use or publish any part of the Site or the Services, except as allowed by this Agreement.
3. You do not acquire ownership rights to any content, document or other materials viewed through the Site or the Services, except as otherwise set forth herein or the terms of an applicable written agreement between us.
You may not use trademarks appearing on the Services in an infringing manner
1. You agree that FORWARD__SPACE, UNITED BY THE BEATS, BEATS H^GH LIGHTS LOW, FORWARD-SPACE.COM, the FORWARD__Space logo, and the FORWARD__Space graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of FORWARD__Space or its affiliates (“Trademark Content”).
2. FORWARD__Space trademarks and trade dress may not be used in connection with any product or service that is not FORWARD__Space’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits FORWARD__Space.
3. All other trademarks not owned by FORWARD__Space or its affiliates that may appear on this Site or the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by FORWARD__Space or its affiliates.
You may use the FORWARD__Space Services for limited, noncommercial purposes
1. FORWARD__Space grants you a limited license to access and make personal use of the Services.
2. FORWARD__Space does not grant you the right to download (other than page caching) or modify the Services, or any portion of the Services.
3. You understand FORWARD__Space does not grant you the right to resell or make commercial use of the Site and the Services or their contents; make any derivative use of the Services or their contents; any downloading or copying of account information for the benefit of a third party, or merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
4. You understand the Services or any portion of the Services may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose.
5. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of FORWARD__Space and our affiliates without express written consent.
6. You may not use any meta tags or any other “hidden text” utilizing FORWARD__Space’s name or trademarks without the express written consent of FORWARD__Space. Any unauthorized use terminates the permission or license granted by FORWARD__Space.
7. You are granted a limited, revocable, and nonexclusive right to create a hyperlink, or at FORWARD__Space’s sole discretion other items such as widgets, buttons, or other web page elements to the home page of FORWARD__Space so long as the link does not portray FORWARD__Space, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
8. You may not use any FORWARD__Space logo or other proprietary graphic or trademark as part of the link without express written permission.
Legal Conditions
FORWARD__Space liability is limited
1. FORWARD__Space is not responsible for any Third Party Services, Third Party Sites, Third Party Content, or any other content posted on the Services, whether caused by FORWARD__Space, third parties or by any of the equipment or programming associated with or utilized in the Site and the Services.
2. FORWARD__Space assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of communications.
3. FORWARD__Space is not responsible for any problems or technical malfunction of any telephone network or lines, cellular data provider or network, computer online systems, servers or providers, computer equipment, software, failure of email on account of technical problems or traffic congestion on the Services, including injury or damage to any other person’s computer and/or mobile device.
4. FORWARD__Space is not responsible for any failures, defects or delays in delivery caused by your provision of incorrect information, your failure to comply with instructions for use of the Services; or an event which is outside of FORWARD__Space’s reasonable control.
5. Neither FORWARD__Space nor any of its affiliates, advertisers, promoters or distribution partners shall be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Site or the Services, whether online or offline.
General Disclaimer and Limitation of Liability
WE TRY TO KEEP THE SITE AND SERVICES UP, BUG-FREE AND SAFE, BUT YOU USE THEM AT YOUR OWN RISK. EXCEPT FOR THE EXPRESS WARRANTIES STATED HEREIN, THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS, AND FORWARD__SPACE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, COMPATIBILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY, OR COMPLETENESS OF THE SERVICES OR ANY INFORMATION OR CONTENT CONTAINED THEREIN AND FORWARD__SPACE FURTHER DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SITE OR SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (B) THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (C) ANY DATA WILL BE ACCURATE OR RELIABLE; (D) ERRORS OR DEFECTS WILL BE CORRECTED; OR (E) THE SERVERS, NETWORKS, AND OTHER SYSTEMS THAT MAKE THE SITE OR SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR FEATURES. SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET, ELECTRONIC COMMUNICATIONS, AND OTHER SERVICES. FORWARD__SPACE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED BY THE FORWARD__SPACE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT WILL FORWARD__SPACE OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS HAVE ANY LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION, OR SERVICES. WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US THROUGH THE SITE OR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. FORWARD__SPACE’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM ARISING, BUT IN NO CASE WILL OUR LIABILITY TO YOU EXCEED $1,000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO US FOR THE SERVICES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM US, REGARDLESS OF THE CAUSE OF ACTION.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
You agree to indemnify FORWARD__Space
You agree to indemnify, defend, and hold harmless FORWARD__Space, its contractors, licensors, subsidiaries and affiliates and their respective partners, directors, officers, employees and agents from and against any and all claims and expenses, including any and all losses, costs, liabilities, and attorneys’ fees, arising out of or in connection with: (1) your use of the Services, including but not limited to any injuries or damages to personal property; (2) your violation of any law or the rights of any third party, or (3) your breach of this Agreement and/or any breach of your representations and warranties set forth herein.
You agree that New York law applies to this Agreement
Subject to the arbitration clauses included below, if there is any dispute arising out of the Site and the Services, by using the Services, you expressly agree that any such dispute shall be governed by the laws of the State of New York, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of New York, in New York County, for the resolution of any such dispute.
Your general representation and warranty
You represent and warrant that you will use the Services in accordance with the Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside).
Other Terms
1. You and FORWARD__Space agree that any cause of action arising out of or related to the Site or the Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
2. You agree that, except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by arbitrators appointed in accordance with such rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Site or the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND FORWARD__SPACE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
3. You agree any arbitration shall take place in New York County in the State of New York and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
4. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.
5. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
6. FORWARD__Space may assign its rights under this Agreement without condition.
7. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. The headings of the paragraphs of this Agreement are inserted for convenience only and shall not be deemed to constitute part of this Agreement or to affect the construction thereof.
Last updated: June 5, 2020
FORWARD__Space
Virtual Hub Membership Terms
By purchasing a FORWARD__Space virtual hub membership (the “FSVH Membership”), you agree to the following terms and conditions (“Membership Terms”), which supplement and form a part of the FORWARD__Space Terms of Service (“Terms of Service”). Capitalized terms not defined here have the meaning given to them in the Terms of Service.
FSVH Membership
1. During the term of your FSVH Membership, you will have access to all of FORWARD__Space’s available classes, content, and features on the FSVH Platform, subject to any restrictions applicable to the type of FSVH Membership you have purchased.
2. FORWARD__Space will provide information on our then-current FSVH Membership requirements on the FSVH Platform. FSVH Membership features and prices are subject to change upon notice to you.
3. The FSVH Membership and use of the FSVH Platform is offered to you for your personal and non-commercial use only, and not for the benefit of any third party.
4. You are responsible for all activity under your FSVH Account.
FSVH Account Registration
1. To purchase a FSVH Membership, you must create a FSVH Account, as further described in our Terms of Service. All information that you provide must be accurate, including your name, address, credit, debit or charge card numbers and expiration dates, and any other payment information. You are responsible for keeping such information up-to-date and must promptly update your FSVH Account with any changes.
2. You must promptly notify us if your payment method is no longer valid (e.g., due to loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your username or password.
3. FORWARD__Space’s use and disclosure of your information is governed by our Privacy Policy.
Billing; Payment
1. When you first purchase a FSVH Membership, you will agree to a specific price and plan for a period of either one month or one year (as applicable, the “Membership Period”). Any changes in the FSVH Membership pricing will take effect at the start of the next Membership Period following the date of the price change.
2. You will be asked to provide a payment method, such as a credit, charge or debit card number (“Payment Method”), that we accept in order to activate your FSVH Membership, along with other payment information. You represent and warrant that you have the legal right to use all Payment Methods that you provide to us. Your authorizations in this section also apply to our payment processors and any other companies that act as billing agents for us.
3. Your Payment Method will be charged at the beginning of each Membership Period. You agree to pay the then-current fee for the applicable FSVH Membership plan (plus any applicable taxes and other charges).
4. All FSVH Membership payments are non-refundable after the Trial Period (as defined below), except where required by law.
5. You hereby authorize us to charge your specified Payment Method in advance on a monthly or yearly basis, as applicable, for your FSVH Membership(s) and/or to place a hold on your payment method with respect to any unpaid charges for your FSVH Membership(s) during the Membership Period. You authorize us to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your Payment Method until such amounts are paid in full.
6. You agree to provide updated Payment Method information upon request or if the Payment Method information you previously provided is no longer valid. You acknowledge and agree that FORWARD__Space will not have any liability whatsoever for any insufficient funds or other charges incurred by you as a result of attempts to charge, and/or place holds on, your Payment Method in accordance with these Membership Terms.
7. You agree to pay us, through our payment processors, all charges at the prices then in effect for your FSVH Membership in accordance with the applicable payment terms presented to you at the time of purchase. We reserve the right to correct, or to instruct our payment processors to correct, any errors or mistakes, even if payment has already been requested or received.
8. If you believe you have been billed in error for a FSVH Membership, please notify us within 60 days of the billing date by emailing us at listening@forward-space.com. FORWARD__Space will not issue refunds or credits after the expiration of this 60-day period, except where required by applicable law.
Auto-Renewal; Cancellation
1. All FSVH Memberships will automatically renew on a monthly or yearly basis, depending on the Membership Period you have selected, at the then-current rate for your FSVH Membership plan until cancelled in accordance with these Membership Terms.
2. Your failure to terminate, or continued use of, your FSVH Membership reaffirms that we are authorized to charge you for that FSVH Membership.
3. You agree that your FSVH Account will be subject to this automatic renewal feature upon the expiration of the Membership Period, unless you cancel your FSVH Membership prior to the end of the then-current Membership Period.
4. You can cancel your FSVH Membership at any time. To cancel, sign into your FSVH Account on the FSVH Platform and follow the instructions for cancellation.
5. If you cancel your FSVH Membership during the Membership Period, unless you cancel during the Trial Period in accordance with the terms set forth below, you will continue to have access to the FSVH Platform through the end of your Membership Period and will not be eligible for a prorated refund of any portion of the FSVH Membership fee paid for the then-current Membership Period.
6. FORWARD__Space may immediately terminate or suspend your FSVH Account, and all or a portion of your FSVH Membership, without notice or refund if: (a) your payment is overdue (provided that we will use reasonable efforts to notify you of the overdue payment before we terminate or suspend); (b) you provide false or inaccurate information; (c) you violate these Membership Terms, the Terms of Service, or any other FORWARD__Space rules or agreements; (d) you engage in conduct that is a violation of any applicable law (including, without limitation, intellectual property laws); or (e) if you engage in conduct that is threatening, abusive or harassing to FORWARD__Space employees, agents, or other FORWARD__Space users, including, for example, making threats to physically harm or damage property.
7. If FORWARD__Space terminates or suspends your FSVH Membership, your license to use any software or content provided in connection with the FSVH Membership is also terminated or suspended (as applicable). If your FSVH Membership is terminated, FORWARD__Space has the right to immediately delete all data, files, and other information related to your FSVH Account without further notice to you. Should you wish to resume your FSVH Membership after any suspension, you must first pay all past due unpaid charges and other fees.
Trial Period; Other Offers
1. Your first FSVH Membership may start with a free trial. Any free trial or other promotion is only active within the specified time frame of the trial or promotion (“Trial Period”). You may be required to have a valid Payment Method on file on your FSVH Account to initiate a free trial or promotion. If you do not cancel your FSVH Membership before the Trial Period ends, your FSVH Account will be converted to the FSVH Membership you selected at the beginning of the Trial Period and your Payment Method will be changed in accordance with these Membership Terms.
2. FORWARD__Space may offer additional promotions or discounts related to FSVH Memberships from time to time. Please read the details of those offers carefully, as any additional terms presented to you during the signup process will form part of these Membership Terms.
3. Unless specified in writing, all discount offers that require a payment are non-refundable.
Restrictions
You may not, for any reason whatsoever:
1. Copy, redistribute, reproduce, “rip,” record, sell, decompile, reverse engineer, disassemble, transfer, perform or display to the public, broadcast, or making available to the public any part of the FSVH Platform, or otherwise making any use of the FSVH Platform which is not expressly permitted under the Terms of Service, these Membership Terms, or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the FSVH Platform or any part of it;
2. Take any measures to interfere with or damage the FSVH Platform;
3. Attempt to access, scrape or search the FSVH Platform or download any content from the FSVH Platform, including through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools, plugins, add-ons or the like);
4. Use the FSVH Platform, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Membership Terms or permitted expressly in writing by FORWARD__Space;
5. Alter, replicate, store, distribute or create derivatives from the content available on the FSVH Platform, except as expressly permitted in writing by FORWARD__Space;
6. Violate any applicable law, rule, or regulation in connection with your use of the FSVH Platform; or
7. Encourage or enable any other individual to do any of the foregoing.
Disclaimers
1. You agree that FORWARD__Space is not responsible or liable for any loss, damage, or injury of any kind directly or indirectly incurred arising out of your use of the FSVH Platform, including but not limited to property damage, personal injury, or death.
2. To the extent that a third party may have access to or view content through your FSVH Membership, you are solely responsible for informing such party of all disclaimers and warnings in these Membership Terms and the Terms of Service.
3. FORWARD__Space will make reasonable efforts to keep the FSVH Platform operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. FORWARD__Space reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the FSVH Platform and FSVH Membership, with advance notice where possible, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the FSVH Platform or any function or feature thereof. You understand and agree that FORWARD__Space will make reasonable efforts, although it has no obligation to maintain, support, upgrade, or update the FSVH Platform, or to provide all or any specific content through the FSVH Platform. FORWARD__Space may, from time to time, remove any such content from the FSVH Platform without notice.
4. These Membership Terms are governed by the laws of the State of New York, without regard to principles of conflicts of law. You expressly agree that any such dispute arising from these Membership Terms are governed by the arbitration terms set forth in the Terms of Service.