Website Terms of Use

These Website Terms of Use ("Website Terms") govern access to and use of the public websites, marketing pages, resource libraries, blogs, publicly available support articles, and other public online properties operated by InventoryWorx Software LLC d/b/a ForecastWorx ("ForecastWorx," "we," "us," or "our") that link to these Website Terms (collectively, the "Site"). By accessing or using the Site, you agree to be bound by these Website Terms. If you do not agree to these Website Terms, do not access or use the Site. If you are using the Site on behalf of a company or other legal entity, you represent and warrant that you have authority to bind that entity to these Website Terms, and in that case "you" and "your" refer to that entity. You further represent that you are at least eighteen (18) years old, or the age of majority in your jurisdiction, and legally capable of entering into a binding agreement.

We may update these Website Terms from time to time. Changes will become effective when posted to the Site unless a later effective date is stated. For material changes, ForecastWorx may also provide notice by a Site banner, pop-up, account notice, or email where reasonably practicable. Your continued use of the Site after updated Website Terms become effective constitutes acceptance of the revised Website Terms. If you do not agree to the revised Website Terms, you must stop using the Site.

You may use the Site only for lawful business-information, evaluation, and informational purposes related to ForecastWorx and its products and services. You may not:

ForecastWorx may suspend, restrict, or terminate access to all or part of the Site at any time, with or without notice, if ForecastWorx reasonably believes that a user has violated these Website Terms, applicable law, or is creating security, legal, or operational risk. ForecastWorx may also discontinue or modify any part of the Site at any time without liability.

These Website Terms govern only use of the public Site. Use of ForecastWorx hosted software, APIs, customer portals, and paid services is governed by a separate subscription agreement, order form, click-through agreement, or other written agreement, as applicable.

If you submit feedback, comments, suggestions, ideas, testimonials, reviews, requests, survey responses, or other content to ForecastWorx through the Site (collectively, "Submissions"), you represent and warrant that you own or otherwise control all rights necessary to provide such Submissions and to grant the rights described in these Website Terms. You further represent that your Submissions do not violate any law or infringe, misappropriate, or otherwise violate any third-party rights, including intellectual property, privacy, publicity, confidentiality, or contractual rights. By submitting Submissions, you grant ForecastWorx a worldwide, non-exclusive, royalty-free, fully paid-up, transferable, sublicensable license to host, store, reproduce, modify, adapt, publish, translate, distribute, display, perform, and otherwise use such Submissions for ForecastWorx's business purposes, including operating, promoting, and improving the Site and ForecastWorx's products and services. To the extent permitted by applicable law, you waive, and agree not to assert, any moral rights or similar rights you may have in your Submissions against ForecastWorx and its sublicensees. ForecastWorx may, but is not obligated to, monitor, review, remove, refuse, or disable access to Submissions at its discretion.

The Site and all text, graphics, user interfaces, visual interfaces, software, trademarks, logos, audio, video, documentation excerpts, white papers, downloadable materials, and other materials made available on the Site (collectively, "Site Content") are owned by or licensed to ForecastWorx and are protected by intellectual property and other applicable laws. Except for the limited right to access and use the Site under these Website Terms, no rights are granted to you by implication, estoppel, or otherwise. The Site may include software, libraries, or components made available under open-source or similar licenses. To the extent required by such licenses, those components are governed by their applicable license terms rather than these Website Terms.

"ForecastWorx," "InventoryWorx," and related names, logos, product names, slogans, and trade dress are trademarks or service marks of ForecastWorx or its licensors. You may not use them without prior written permission, except to make truthful, nominative references to ForecastWorx and its services.

Any templates, guides, brochures, case studies, reports, calculators, or other downloadable materials made available through the Site are provided for general informational purposes only unless explicitly stated otherwise. Additional terms may apply to particular downloads, promotions, contests, gated resources, or interactive features. Where additional terms apply, ForecastWorx will present them through the applicable download flow, registration page, click-through screen, or other reasonable notice mechanism, and those terms will govern to the extent of any conflict with these Website Terms for the specific offering.

By submitting contact information through the Site, you consent to receive transactional, administrative, service, and other non-marketing communications from ForecastWorx relating to your requests, account, downloads, events, or use of the Site. If you separately opt in to receive marketing communications, ForecastWorx may send you promotional emails or similar messages as permitted by applicable law. Marketing communications will include an unsubscribe mechanism or equivalent opt-out process where required by law. ForecastWorx will not send marketing text messages or SMS communications unless you provide any consent required by applicable law.

The Site may contain links to third-party websites, products, services, or content. ForecastWorx does not control and is not responsible for third-party sites or services, and inclusion of a link does not imply endorsement.

Your use of the Site is also subject to our Privacy Policy and, where applicable, our Cookie Notice.

Site Content may include product descriptions, roadmaps, feature references, industry commentary, best-practice content, or other informational materials. Such materials are provided for general informational purposes only and may change without notice. Nothing on the Site constitutes a binding promise to deliver any future functionality unless expressly stated in a signed writing.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL SITE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." FORECASTWORX DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. FORECASTWORX DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL CODE, OR THAT ANY DEFECTS WILL BE CORRECTED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FORECASTWORX WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THE SITE OR THESE WEBSITE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FORECASTWORX'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SITE OR THESE WEBSITE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100) IN THE AGGREGATE. NOTHING IN THESE WEBSITE TERMS EXCLUDES OR LIMITS LIABILITY FOR FRAUD, WILLFUL MISCONDUCT, GROSS NEGLIGENCE, DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, OR ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

You will defend, indemnify, and hold harmless ForecastWorx and its affiliates, and their respective officers, directors, employees, and agents, from and against any third-party claims, damages, liabilities, costs, and expenses, including reasonable attorneys' fees, arising from your misuse of the Site, your violation of these Website Terms, your Submissions, or your violation of applicable law.

You may not access or use the Site in violation of applicable export control, sanctions, or trade laws. Without limiting the foregoing, you represent and warrant that you are not located in, organized under the laws of, or ordinarily resident in a jurisdiction subject to comprehensive sanctions, and are not a denied or restricted party under applicable law.

If you believe that content on the Site infringes your copyright, you may submit a written notice to ForecastWorx's designated copyright contact containing information reasonably sufficient to identify the allegedly infringing material, your claimed rights, and the basis for your request. If ForecastWorx removes or disables access to content in response to an infringement notice, a party who believes the content was removed in error may submit a counter-notification containing information reasonably sufficient to identify the removed content and the basis for the objection, subject to applicable law. ForecastWorx's designated copyright contact is:

These Website Terms are governed by the laws of the State of Colorado, excluding its conflict-of-laws rules. Any legal action arising out of or relating to the Site or these Website Terms must be brought exclusively in the state or federal courts located in Colorado, and each party consents to that venue and jurisdiction. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THE SITE OR THESE WEBSITE TERMS.

If any provision of these Website Terms is held unenforceable, the remaining provisions will remain in effect. Failure to enforce any provision is not a waiver. These Website Terms constitute the entire agreement between you and ForecastWorx regarding the Site.