Our Terms of Use

These Terms of Service (hereinafter referred to as "Terms") are entered into between FORESTER INFORMATION TECHNOLOGY CORP. (hereinafter referred to as "we", "our" or "the Company") and you (hereinafter referred to as "User" or "you"), governing your access to and use of our official website (hereinafter referred to as "Website") and all related products, services, features and content provided by us (collectively referred to as "Services").

By accessing, browsing or using our Services, you acknowledge that you have carefully read, fully understood and unconditionally agreed to be bound by these Terms, as well as our Privacy Policy and any other supplementary rules or guidelines published on the Website from time to time. If you do not agree to any part of these Terms, you must immediately cease accessing or using our Services.

We reserve the right to revise, update or modify these Terms in accordance with changes in laws and regulations, business development and technological progress. Any revisions will take effect on the date of publication on the Website. Your continued use of the Services after the revisions take effect constitutes your acceptance of the revised Terms. We encourage you to review these Terms regularly for updates.

1. Scope of Services

1.1 We provide the following core Services to Users through the Website, subject to these Terms and applicable laws: (a) Information technology consulting services; (b) Technical support and maintenance services; (c) Provision of industry-related information and content; (d) Other value-added IT services as announced on the Website from time to time.

1.2 We strive to ensure that the Services are provided in a stable and secure manner, but we reserve the right to adjust, suspend or terminate part or all of the Services without prior notice due to technical upgrades, system maintenance, legal compliance requirements or other reasonable reasons. We will make reasonable efforts to notify Users of such adjustments through prominent announcements on the Website or via registered email, and will not be liable for any direct or indirect losses caused thereby, except as otherwise required by law.

1.3 The Services provided by us are only for your personal or legitimate business use. You shall not resell, lease, sublicense or otherwise transfer the Services to any third party without our prior written consent.

2. User Obligations and Responsibilities

2.1 When using our Services, you shall comply with applicable laws and regulations of the United States, the jurisdiction where you are located, as well as international conventions and norms. You shall not use the Services for any illegal, unethical or harmful purposes, including but not limited to: (a) Violating intellectual property rights, privacy rights, reputation rights or other legitimate rights and interests of the Company or third parties; (b) Uploading, transmitting or disseminating false, defamatory, harassing, obscene, violent or other illegal information; (c) Engaging in hacking, phishing, virus dissemination or other activities that damage network security and the Company's system; (d) Using the Services to engage in fraud, money laundering or other criminal activities; (e) Other acts that violate these Terms or disrupt the normal operation of the Services.

2.2 If you register an account to use our Services, you shall provide accurate, true, complete and up-to-date personal or corporate information. You are solely responsible for maintaining the confidentiality of your account and password, and shall be liable for all activities and consequences arising from the use of your account, whether authorized or not. If you discover any unauthorized use of your account or other security breaches, you must immediately notify us and take necessary measures to prevent further losses.

2.3 You shall use the Services in a reasonable manner, and shall not overload, damage or improperly use our servers, systems or network resources. You shall not bypass, tamper with or attempt to bypass the technical restrictions of the Services, nor shall you modify, decompile, reverse engineer or disassemble any software or code related to the Services.

2.4 You acknowledge that any content, data or information you upload, submit or transmit through the Services (hereinafter referred to as "User Content") is your sole responsibility. You guarantee that you have the legal right to possess, use and transmit such User Content, and that it does not infringe upon any third-party rights. We reserve the right to review, delete or block any User Content that violates these Terms or applicable laws without prior notice.

3. Intellectual Property Rights

3.1 All intellectual property rights in the Services, including but not limited to software, code, text, images, logos, trademarks, patents, copyrights and trade secrets, are owned by us or our authorized licensors. These intellectual property rights are protected by applicable intellectual property laws and international treaties. You shall not infringe upon any of our intellectual property rights without our explicit written authorization.

3.2 You grant us a non-exclusive, worldwide, royalty-free license to use, store, display, reproduce and distribute your User Content to the extent necessary to provide the Services to you. This license will terminate upon your deletion of the User Content or termination of your use of the Services, except for User Content that has been anonymized or de-identified and can no longer be associated with you.

3.3 Any feedback, suggestions or ideas you provide to us regarding the Services (hereinafter referred to as "Feedback") shall become our exclusive property. We may use, modify, develop and commercialize such Feedback without any obligation to compensate you or obtain additional consent from you.

4. Disclaimer of Warranties

4.1 THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO EXPRESS OR IMPLIED WARRANTIES REGARDING THE SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND RELIABILITY. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

4.2 We do not guarantee the accuracy, completeness, timeliness or validity of any information, content or data provided through the Services. You shall independently judge and assume the risks arising from the use of such information.

4.3 The Website may contain links to third-party websites or services. These links are provided for your convenience only, and we do not control or endorse such third-party websites or services. We shall not be liable for any losses or damages arising from your access to or use of third-party websites or services. You are advised to review the terms of service and privacy policies of third parties before using their services.

4.4 We shall not be liable for any losses or damages caused by force majeure, third-party attacks, network failures, system malfunctions or other factors beyond our reasonable control.

5. Limitation of Liability

5.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITIES OR DAMAGES ARISING FROM PERSONAL INJURY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

5.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DIRECT DAMAGES ARISING FROM THE SERVICES OR THESE TERMS SHALL NOT EXCEED $100 USD OR THE AMOUNT YOU HAVE PAID TO US FOR THE SERVICES IN THE PAST TWELVE MONTHS, WHICHEVER IS HIGHER.

5.3 The above limitations of liability shall not apply to damages caused by our intentional misconduct, gross negligence, fraud or violation of applicable laws.

6. Termination

6.1 These Terms shall take effect upon your first access to or use of the Services and shall remain in effect until terminated by either party.

6.2 You may terminate these Terms and cease using the Services at any time by deleting your account and discontinuing all access to the Website. Termination by you shall not affect any rights or obligations that have already arisen before termination.

6.3 We may terminate these Terms, suspend or terminate your access to the Services immediately without prior notice if: (a) You violate any provision of these Terms or our Privacy Policy; (b) You engage in illegal activities or conduct harmful to the Company's interests; (c) We are required to do so by applicable laws or regulatory authorities; (d) The Services are discontinued or significantly adjusted due to business reasons.

6.4 Upon termination of these Terms, we will cease providing Services to you, but may retain your personal information in accordance with our Privacy Policy and applicable laws. You shall be liable for all losses caused to us or third parties due to your breach of these Terms before termination.

7. Dispute Resolution and Governing Law

7.1 These Terms shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of laws principles.

7.2 Any dispute, claim or controversy arising out of or in connection with these Terms or the Services shall first be resolved through good-faith negotiation between you and us. If the negotiation fails, such dispute shall be submitted to the competent court located in Queens County, New York, United States for exclusive jurisdiction.

7.3 For EEA residents, nothing in this section shall preclude you from exercising your right to lodge a complaint with the data protection authority of your resident member state, or from resolving disputes through alternative dispute resolution mechanisms as provided by applicable law.

8. Miscellaneous

8.1 If any provision of these Terms is deemed invalid, illegal or unenforceable by a court of competent jurisdiction, such provision shall be deemed severable from these Terms, and the remaining provisions shall remain in full force and effect.

8.2 Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

8.3 These Terms, together with our Privacy Policy and any supplementary rules, constitute the entire agreement between you and us regarding the Services, superseding all prior oral or written agreements, understandings and arrangements.

8.4 We may assign these Terms and our rights and obligations hereunder to any third party in connection with a merger, acquisition, asset sale or other business transfer. You may not assign these Terms without our prior written consent.

9. Contact Us

If you have any questions, comments or disputes regarding these Terms, please contact us through the following methods:

Company Name: FORESTER INFORMATION TECHNOLOGY CORP.

Contact Email: [email protected]

Mailing Address: 7344 Austin St APT 5V, Forest Hills, NY 11375 US