Terms of Use Portal

PLEASE READ THE FOLLOWING TERMS OF USE WHICH RELATE TO AND GOVERN YOUR USE OF HTTPS://FORWARDPUSH.CONVERTCONTACTS.COM/ (PORTAL) OR ANY COMPONENT THEREOF.  BY ACCESSING, BROWSING, VIEWING, OR OTHERWISE USING THE PORTAL, YOU REPRESENT AND AFFIRM THAT YOU HAVE READ AND UNDERSTAND AND YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE AND WILL COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.  YOU FURTHER REPRESENT AND AFFIRM THAT YOU HAVE THE AUTHORITY AND DO HEREBY LEGALLY BIND YOURSELF OR THE BUSINESS ENTITY, IF ANY, FOR WHICH YOU SERVE IN THE CAPACITY OF AGENT, REPRESENTATIVE, INDEPENDENT CONTRACTOR, PARTNER, OWNER, MEMBER, MANAGER, DIRECTOR, SHAREHOLDER, OR EMPLOYEE TO THESE SAME TERMS OF USE, WITHOUT LIMITATION, RESTRICTION, OR QUALIFICATION.  THESE TERMS OF USE SHALL TAKE EFFECT IMMEDIATELY UPON FIRST TO OCCUR OF OPENING AN ACCOUNT WITH US OR YOUR FIRST USE OF OUR PORTAL. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT PROCEED ANY FURTHER AND DO NOT USE OUR PORTAL.

1. DEFINITIONS.
a. “Affiliates” mean any person or entity which directly or indirectly controls, is controlled by or is under common control with us, whether by ownership or otherwise.
b. “Agreements” mean, collectively, these Terms of Use, the Terms of Service and the applicable Scope of Work.
c. “Intellectual Property” means, collectively, Marks, inventions, techniques, methods, works of authorship, know-how, publicity rights, trade secrets, proprietary rights, and all other intellectual property rights related thereto.
d. “Linked Sites” are third party websites that are linked to the Portal and are accessible from the Portal.
e. “Marks” mean, whether registered or unregistered, all patents, trademarks, trade names, service marks, logos, company names, brand names, design marks, trade-dress, service or product names and descriptions, emblems, copyright notices; any pending applications for seeking registration or grant of rights; and any other intellectual property or proprietary notices.
f. “Materials” mean, collectively, all information, images, and content displayed, presented, or controlled, or otherwise included in or on the Portal, including but not limited to: Marks; images; photographs; text; software; pictures; graphics; video clips; audio clips; digital downloads; data; information, messages; any and all other information presented, displayed, or controlled by the Portal; other text, graphics, audio clips, video clips, digital downloads, photographs; data compilations together with the look and feel of the Portal and the user experience, including our color combinations; button shapes, sizes, icons, images, organization; and other graphical elements.
g. “Messaging” means, collectively, communications with you via SMS texts, in Portal messaging, push notifications, or email.
h. “Forward Push,” “us,” “we,” or “our” mean, collectively Forward Push and its Affiliates.
i. “Portal” means, collectively, our platform for tracking and reporting marketing campaigns, together with any future updates, changes or additions thereto.
j. “Privacy Policy” means our Privacy Policy, which is posted at https://forwardpush.com/privacy-policy as updated, revised or amended from time to time.
k. “Services” mean, collectively, our marketing services.
l. “Terms of Use” mean these Terms of Use, as updated, revised, or amended from time to time.
m. “Terms of Service” means the Terms of Service at https://forwardpush.com/terms-and-conditions-of-service, as updated, revised, or amended from time to time.
n. “Use” means utilizing the Portal or its components in any manner, including, without limitation, viewing the Portal, generating reports, downloading information from the Portal, and the like.
o. “User Content” means contributions that you or others make to the Site, which may include, among others, uploading your user profile.
p. “you” or “your,” means the person accessing or using our Portal. If the person accessing or using our Portal, acts on behalf of, or for the purposes of another person, including a business or other organization, “you” or “your” also mean that other person, including a business organization.

2. SCOPE. You should read these Terms of Use carefully before Using the Portal. By Using the Portal or any of its components, you accept that a binding contract between the you and Forward Push is created whereby you unequivocally agree to adhere to these Terms of Use, without limitation, restriction, or qualification. You and Forward Push stipulate that sufficient consideration exists and has been received to create that contract, and that it is therefore binding upon each of you and Forward Push. By your Use of the Portal, you make the material representation, upon which you wish Forward Push to rely, that you will fully adhere to all of the terms, conditions, obligations, and restrictions set forth in these Terms of Use in connection with your Use of the Portal. If you do not agree to the Terms of Use, you must not Use it. By your Use of the Portal, you stipulate that a violation of any of the terms and conditions in these Terms of Use may result in irreparable harm to Forward Push not compensable in money damages, such that, without limitation, injunctive relief will be a necessary and appropriate remedy. By your Use of the Portal or any component thereof, you stipulate that the Materials are owned by Forward Push and are the Intellectual Property of Forward Push. Your Use of the Portal or any component thereof is conditioned on your agreement to accept, abide by, and be governed by these Terms of Use. Your continued Use of the Portal is subject to your agreement to these Terms of Use. You agree to perform the obligations set forth in these Terms of Use that are required to allow Forward Push to deliver the Portal to you.

3. ACCESS TO PORTAL/LIMITED LICENSE.
a. The Portal, the Materials, and Intellectual Property may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Forward Push. Moreover, you agree not to download (other than page caching) or modify any portion of the Portal without Forward Push’s prior written approval, except as is expressly provided herein. Notwithstanding the foregoing, Forward Push grants you a limited, nontransferable, nonexclusive, revocable license to access and use the Portal in object code form only. You are also granted a limited license to print copies or download reports and any Materials posted on the Portal. Except as expressly provided herein, all Intellectual Property rights are reserved.
b. The use of the Materials or any portion of the Portal on any other website or in any environment of networked computers is strictly prohibited without Forward Push’s advance written consent, which may be withheld in our sole discretion.
c. With respect the license to Use the Portal as described herein, you agree to these License Restrictions:
i. You will not share with or assign, copy (except as expressly set forth herein), sublicense, transfer, lease, rent, sell, distribute, or otherwise provide to any third party (i) this license, (ii) the Portal; (iii) any Use of the Portal; or (iv) your rights under these Terms of Use.
ii. Other than as expressly set forth in these Terms of Use, you will not (i) modify, adapt, translate, duplicate, disassemble, decompile, reverse assemble, reverse compile, or reverse engineer, or take similar action with respect to the Portal or any component thereof for any purpose, or (ii) attempt to discover the underlying source code or algorithms of the Portal (unless enforcement of this restriction is prohibited by applicable law and then, only to the extent specifically permitted by applicable law, and then only upon providing us with reasonable advance written notice and opportunity to respond);
iii. For the purpose of designing, modifying, or developing software or services similar in purpose, scope, or function to the Software, you will not engage in competitive analysis, benchmarking, Use, evaluation or viewing of the Software or create any derivatives based upon the Software, whether for Customer’s internal use or for license or for resale; and
iv. You will not permit any party, whether acting directly or on behalf of you, to breach or violate any of these License Restrictions.
d. In connection with any violation or breach of this Section we may terminate your access to the Portal and your Forward Push Account without notice. Additionally, we have the right to commence legal action against you for damages and/or equitable relief in such instances.

4. YOUR USE OF THE PORTAL.
a. You are responsible for keeping your password and login information for the Portal secret so that only you can access your account. You agree to notify Forward Push immediately of any unauthorized use of your account.
b. If you are dissatisfied with any of these Terms of Use, or if the Portal is not as described, does not include expected functionality, fails to operate, fails to operate error free, is unavailable, or does not otherwise meet your needs or expectations, your sole and exclusive remedy is to stop accessing and using the Portal.

5. USER CONTENT. To the extent that there are opportunities for users to contribute to the Portal, we are not liable or responsible for any User Content or content from third parties. You will not provide illegal or prohibited User Content, including User Content containing, among other things, unlawful, fraudulent, threatening, abusive, libelous, defamatory, indecent, obscene, pornographic or otherwise objectionable materials. We may remove any User Content from the Site for any reason or no reason. If you discover this kind of material on the Portal, please notify us. We will investigate your claim and may then take the actions deemed appropriate. By posting User Content, you grant us ownership rights in such User Content and we have the right to publish such User Content

6. USER CONDUCT. By Using the Portal, you make the material representations upon which you wish Forward Push to reasonably rely, that you will comply with the Conduct Rules set forth in this Section. In connection with any non-compliance with, violation of, or breach of this Conduct Rules by you, we will have no liability to and we may terminate your access to the Portal and your Forward Push Account without notice. Additionally, we have the right to sue you for damages in such instances.
a. You will not Use the Portal in an unauthorized manner, including, without limitation, violating Forward Push’s Intellectual Property rights or the Intellectual Property rights of any third party;
b. You will not Use the Portal in a way that violates any rules or requirements set forth in these Terms of Use or the Terms of Service in any portion of the Portal;
c. You will not Use the Portal in a manner that is harmful to Forward Push or any other person or entity;
d. You will not Use any information that you gained as a result of using the Portal to violate another person’s or entity’s privacy or personally identifiable information rights;
e. You will not Use any of Forward Push’s Marks as metatags on other websites or otherwise use Forward Push’s Marks for your own advertising or pecuniary gain, including without limitation utilization as Google AdWords;
f. You will not upload any virus, malware, or other program or agent to damage the Portal in any way;
g. You will not use any robot, spider or other intelligent agent software or device to access or monitor the Portal in any manner;
h. You will not Use the Portal, transmit to or through the Portal, or post User Content (i) for any unlawful purpose, or (ii)which consists of any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, indecent, obscene, pornographic, or otherwise objectionable information, images, or content;
i. You will not restrict any other user from Using the Portal, including without limitation, by way of “computer hacking” or other attacks, or otherwise altering the software or functionality of the Portal and its underlying programs;
j. You will not Use the Portal if you have been temporarily or indefinitely suspended from your Use of the Portal;
k. You will not transmit any material, nonpublic information about any person or entity without the proper authorization to do so;
l. You will not cover or obscure any Marks or advertisements located within our Portal;
m. You will not revise, modify, reverse engineer or in any way alter any portion of the Portal or its contents or underlying technology;
n. You will not “frame” or “mirror” any part of the Portal;
o. You will not utilize any device to enable it to circumvent the structure of the Portal;
p. You will not impersonate any other person and/or falsely state or otherwise misrepresent that you have an affiliation with any other person or entity, or otherwise mislead, deceive or defraud Forward Push or any other party;
q. You will not create a database utilizing any information found within the Portal or the Materials;
r. You understand that, subject to applicable Federal and State laws regulations to the contrary, Forward Push will not be required to provide any refunds, credits, benefits, or other compensation for any discontinued component of the Portal or discontinuance of the Portal itself;
s. You agree not to reproduce, duplicate, copy, sell, resell, modify or exploit for any commercial purposes any portion of the Portal, including, without limitation, access to the Portal or any of the Materials, Marks or Intellectual Property; and
t. You acknowledge and agree that your representations hereunder will survive termination of your Forward Push Services, licenses hereunder, or Use of the Portal.

7. INTELLECTUAL PROPERTY.
a. Our Intellectual Property is the sole property of Forward Push and its Affiliates or other representatives (as applicable) together with the goodwill associated therewith. Other than as expressly set forth herein, you are not authorized to use our Intellectual Property or any variations thereof. Other than as expressly set forth herein, Forward Push does not grant to you any express or implied ownership or other rights to any Intellectual Property and all such rights are retained by Forward Push and its Affiliates. You are liable for any and all damages of every kind resulting from any infringement by you of our Intellectual Property rights.
b. Forward Push or its suppliers is the sole owner of any derivatives, new versions, enhancements, updates, changes, etc. of our Intellectual Property, even if wholly or partially based upon your ideas, comments, suggestion, questions, requests, and the like.
c. You hereby represent and warrant that you have all necessary rights in and to User Content you provide to or through the Portal and that neither your provision of User Content nor the User Content itself will infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.

8. COPYRIGHTS AND MARKS; RESTRICTIONS ON USE.
a. The Materials on the Site and in the Portal are copyrighted by Forward Push, its Affiliates, and its third-party licensors, whether explicitly marked or not, under United States and international copyright laws and are subject to other intellectual property and proprietary rights and laws. Such Material is protected under United States and international copyright, trademark, unfair competition laws, and similar laws. Such Material may not be used, copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale or redistributed in any way without the prior written permission of Forward Push, with the sole exception that you may print copies of the Materials for your own personal, noncommercial use.
b. The Marks may not be used, copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale or redistributed in any way without the prior written permission of Forward Push, with the sole exception that you may print copies of the Marks for your personal, noncommercial use and provided that you: (1) maintain all copyright and other intellectual property notices together and intact with any information or content; and (2) do not modify or otherwise alter any information or content. You may not change or delete any author credit, trademark, Mark, legend, proprietary or copyright notice. You must follow and observe all additional copyright notices or other restrictions contained in any parts of the Portal.

9. ELECTRONIC DELIVERY. You agree and consent to the electronic submission of all communications, confirmations, consents, acknowledgements, agreements, amendments, documents, policies, notices, information, data, and disclosures that we provide one another in connection with your Use of the Portal and your use of our Services. You agree to the electronic submission of any and all Portal or Service information. All communications, including notices, will be deemed effective upon the proper initiation of such electronic submission.

10. NOTICES TO FORWARD PUSH. All notices or other communications to Forward Push, if any, that are required to be given under these Terms of Use must be in writing and delivered according to the requirements in the Terms of Service.

11. INDEMNIFICATION. You agree to indemnify, hold harmless and defend Forward Push with respect to any claim, demand, cause of action, debt, liability, damages, costs or expenses, including reasonable attorney’s fees and expenses of Forward Push’s selected attorneys, arising from any third-party claim against Forward Push relating to (i) your violation of law, ii) your infringement of any Intellectual Property or similar proprietary rights of any person or entity; (iii) any noncompliance with or violation of the Conduct Rules or License Restrictions; (iv) any User Content provided by you; (v) your improper or illegal Use of the Portal; (vi) any act or omission or willful misconduct by you or your representatives; (vii) any breach of any of your representations, warranties, or covenants made herein; and (viii) any failure by you to comply with these Terms of Use.

12. ATTORNEYS’ FEES. If we undertake any action to enforce these Terms of Use, we will be entitled to recover from you, and you agree to pay, any and all attorneys’ fees and any cost of litigation, in addition to any other relief at law or in equity to which we may be entitled. In such event, we will be entitled to recover all costs including both actual pre-judgment and post-judgment attorney’s fees and costs, involved directly or indirectly in our enforcement efforts, whether or not we do so through institution of formal legal proceedings.

13. PRIVACY. By Using the Portal, you consent to our collection and use of information as described in our Privacy Policy. Your continued Use of the Portal is your continuing consent to our collection and use of information and is governed by the terms of the Privacy Policy.

14. DISCLAIMERS.
a. You explicitly agree that your Use of the Portal or the Materials is at your own and sole risk. You also understand and agree that any Materials or other data, content, or information downloaded or otherwise obtained through your Use of the Portal are obtained at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from such download. You understand that Forward Push cannot and does not guarantee or warrant that the Materials available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. Forward Push makes no commitment to update the information found on or in the Portal or Materials. No warranty and/or representation will extend to any third person.
b. Except as specifically and expressly set forth in these terms, the Portal and Materials are provided “AS IS,” “AS AVAILABLE,” AND WITH ALL FAULTS, without warranty of any kind and Forward Push disclaims that the functions contained in the Portal or that which is contained in the Materials will: meet your requirements, needs, or expectations; be reliable, accurate, secure, complete, or whole; operate defect or error free or in a timely or reliable way. We do not warrant or covenant that any defects or errors associated with the Portal will be corrected. Except as specifically and expressly set forth in these terms, there are no other warranties, conditions, or representations, whether express or implied by statute, operation of law, trade usage, course of performance or dealing or otherwise, including, without limitation, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, fitness for a particular use, non-infringement, title, accuracy, quality of information, quiet enjoyment, or completeness; all such warranties being specifically and fully disclaimed by Forward Push. We further disclaim any liability to you for any third-party charges, including, but not limited to, data usage, or telecom charges for devices using the Portal. We do not warrant that Portal will work on your device, with your operating systems, or with any other software installed on your device. Other written or oral representations or affirmations of fact, including but not limited to, statements from Forward Push or any other source regarding the performance or features of the Portal or Services that are not contained in these Terms of Use, will not in any way be binding on Forward Push, create any obligation or warranty, and are hereby expressly disclaimed. Some jurisdictions do not allow the elimination of certain warranties, so some of the above exclusions may not apply to you.
c. We are not responsible for the conduct of other users, whether online or offline. Under no circumstances will Forward Push be responsible for any loss or damage, including, without limitation personal injury or death, resulting from the Use of the Portal by other users or the conduct of any other users or third parties, whether online or offline.
d. The performance of the Portal can vary due to several factors, including without limitation: specific device limitations and capabilities; network limitations, and capabilities; device multi-tasking; device memory; “lock” time, availability, and accuracy; device settings; internet availability; messaging opt outs; and Portal availability, operability, or errors. Forward Push makes no representations or warranties with respect to the performance, operability, or availability of the Portal.
e. Your sole and exclusive remedy for any breach by us of any term or condition set forth in these Terms of Use is to cease to Use the Portal.

15. LIMITATION OF LIABILITY.
a. We assume no responsibility, and will not be liable for, any damages to, or viruses that may infect your computer equipment, mobile device, or other property on account of your access to, installing, using, or browsing in the Portal or your downloading of any Materials. We assume no responsibility for and are not liable for: (a) data charges in connection with the use of the Portal, or (b) any failure, delay or inability to use any component of the Portal.
b. Except where specifically required by law, (a) in no event will Forward Push be liable for any indirect, consequential, incidental, special or punitive damages, or any lost profits, revenue, data, or data use of any kind and (b) the maximum aggregate liability of Forward Push will be limited us $10.00 in the aggregate, in either case whether the claim is based in contract, tort, strict liability, or otherwise, and arising out of or related to the agreements or the use of the Portal and Materials, even if we are advised of the possibility of such damages.
c. In our sole discretion, in addition to any other rights or remedies available to Forward Push and without any liability whatsoever, Forward Push at any time and without notice may suspend, restrict, or terminate your access to any component of the Portal.
d. Some states do not allow limitations of liability, so the foregoing limitations may not apply to you.

16. RELEASE. By using the Portal and/or the Materials, you hereby release, remise and forever discharge and give up any and all claims which you may have against Forward Push, which now or hereafter arise from, relate to or are connected with the use of the Portal, Services, and Materials. You further waive, release and give up any and all claims and defenses arising from or relating to any act, event or omission. This includes, without limitation, any claim which could be asserted now or in the future under (i) the common law; (ii) any of the Forward Push policies, practices, or procedures; and/or (iii) any federal and/or state statutes or regulations.

17. AUTHORIZED PERMISSION FOR USE. You will be considered an entity if the individual accessing the Portal is doing so on behalf of an entity or is utilizing that entity’s computer system in connection with a task (either paid or unpaid) for that entity. If you are an entity, the person using the Portal on its behalf hereby makes the material representation upon which you wish Forward Push to rely that you are authorized to bind that entity to the Terms of Use, as well as any other obligations imposed or undertaken through Use of the Portal.

18. FORWARD PUSH TERMINATION.
a. Without limiting other rights or remedies set forth in these Terms of Use, the Terms of Service, or as otherwise available by law or in equity, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your access to the Portal, in whole or in part: (a) if you breach the Agreements; (b) if we are unable to verify or authenticate any information you provide to us, should we elect to engage in such verification; (c) if we otherwise determine, in our sole discretion, that termination is appropriate. If we terminate your access to the Portal, we are also terminating the license granted hereunder.
b. If we believe that the User Content you provided has violated or is inconsistent with these Terms of Use or violated the rights of Forward Push, another user, or the law, you agree that monetary damages may not provide a sufficient remedy to Forward Push for violations of these Terms of Use and you consent to injunctive or other equitable relief for such violations. Forward Push may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity. Forward Push is not required to provide any refund to you if you are terminated as a User because you have violated these Terms of Use.

19. APPLICABLE LAW, JURISDICTION AND DISPUTE RESOLUTION. You agree that these Terms of Use and all disputes arising thereunder, related hereto, or related to the Use of the Portal or Materials will be governed by the dispute resolution provisions in the Terms of Service.

20. FURTHER ASSURANCES. You covenant and agree to perform further all acts and execute all supplementary instruments or documents which may be requested by Forward Push to carry out the provisions and effectuate the intent of these Terms of Use.

21. ASSIGNMENT. We may freely assign our rights in and to and delegate our obligations under these Terms of Use. You acknowledge that you may not assign, transfer or sell its rights under these Terms of Use without Forward Push ‘s express written consent, which may be withheld for any reason or no reason. Any purported assignment without Forward Push’s consent will be deemed null and void.

22. SEVERABILITY. If any portion of these Terms of Use is ruled invalid or otherwise unenforceable, it will be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion will be construed as narrowly as possible in order to give effect to as much of the Terms of Use as possible.

23. LINKED SITES. You acknowledge and agree that Forward Push has no responsibility for the accuracy or availability of information provided Linked Sites. Links to Linked Sites are provided as a convenience to you, and do not constitute an endorsement by or association with Forward Push of such sites or the content, products, advertising or other materials presented on such sites. Forward Push does not author, edit or monitor any Linked Sites. You acknowledge and agree that Forward Push is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on such Linked Sites. If you access a Linked Site, you do so at your own risk.

24. NO THIRD-PARTY BENEFICIARIES. These Terms of Use are not intended to be for the benefit of and will not be enforceable by any unaffiliated third party, except as may be specifically provided herein. Nothing herein, express or implied, is intended to or will confer on any third party any rights (including third-party beneficiary rights), remedies, obligations or liabilities under or by reason of these Terms of Use or otherwise set forth in the Portal, except as may be specifically provided herein. These Terms of Use will not provide third parties with any remedy, claim, liability, reimbursement, cause of action or other right in excess of those existing without reference to the terms herein. No third party will have any right, independent of any right that exists irrespective of these Terms of Use, to bring any suit at law or equity for any matter governed by or subject to the provisions herein.

25. PROHIBITED BY LAW. If any aspect of the Portal or these Terms of Use is prohibited by law in your jurisdiction, you agree not to Use the Portal. It is solely your responsibility to determine whether it is allowed by law to participate in the Portal. Without limitation, you release Forward Push from all liability that could arise from your prohibited participation in the Portal or acceptance of these Terms of Use. You will indemnify, defend and hold Forward Push harmless for any and all damages relating to a violation of this Section.

26. INTERNATIONAL USE. In light of the international scope of the Internet, you agree to comply with all local laws, rules and regulations, including but not limited to those applicable to online conduct and acceptable Internet content. Without limitation, you acknowledge and agree that you will comply with all applicable laws and regulations regarding the transmission of technical data from the United States or the country in which you may reside. Without limiting the foregoing, you are responsible for compliance with all import/export laws and regulations of the United States and any other country with jurisdiction.

27. MISCELLANEOUS.
a. Nothing contained in or displayed on the Portal or contained in these Terms of Use constitutes or is intended to constitute legal advice by us or any of our Forward Push or any of our officers, managers, employees, representatives, attorneys, or agents.
b. Forward Push’s failure to enforce any term, provision or condition of these Terms of Use, including the breach or default thereof, by conduct, course of dealing or otherwise, in one or more instances will not be deemed a waiver. To the extent that a provision of these Terms of Use is deemed unenforceable, the balance of it will remain in full force and effect.
c. We may amend, update, modify, replace, or revise these Terms of Use, the Terms of Service, the Privacy Policy, and any other portion of the Portal referenced herein at any time by posting such on our website. All such amendments, updates, modifications, replacements, versions, or revisions are effective immediately upon posting on our website. All references in these Terms of Use, terms of Service, the Privacy Policy, and any other Portal matters are references to the same as they are amended, updated, modified, replaced, or revised.
d. These Terms of Use may not be changed or amended unless such change or amendment is made in a writing executed by us.
e. You acknowledge that you have not accepted or agreed to these Terms of Use in reliance on any representations or other promises of Forward Push which are not specifically and expressly included herein.
f. The headings in these Terms are for convenience and have no force and effect.
g. You acknowledge and agree that these Terms of Use, the Terms of Service and the Privacy Policy constitute the entire agreement of the parties relating to the subject matter, and any prior agreements, understandings, representatives and commitments concerning such subject matter, whether oral or written, are superseded and terminated in their entirety and are of no further force or effect.
h. By your Use of the Portal, you represent that you have had the opportunity to review these Terms of Use with counsel of your choosing. You further acknowledge that you have thoroughly read these Terms of Use; understand that you are giving up certain legal rights that may otherwise exist and are taking on certain obligations and responsibilities; have asked any questions you desire to clarify the meaning these Terms of Use; and believe it is in your interest to nevertheless proceed with Using the Portal.
i. The provisions of these Terms of Use that by their sense and context are intended to survive termination (whether by you cancelling a Service, ceasing to Use the Portal, or by termination by Forward Push) will so survive termination.