Terms of Use

Version 1.0

Effective: September 21, 2022

Welcome to https://formsort.com (the “Website”)! 

These terms of use (the “Terms of Use”) are a binding contract between you and Formsort Inc. (“Formsort,” “we” and “us”).  These Terms of Use govern your access to, browsing, and use of the Website, any content (such as text, data, forms, information, software, graphics or photographs) that Formsort may make available through the website (collectively, “Materials”) and any services that Formsort may provide through the website (collectively, “Services”). 

Please read the Terms of Use carefully before using the Website. By accessing, browsing or using this Website, you acknowledge that you have read, understood and agree to be bound by these Terms of Use and to comply with all applicable laws and regulations. If you do not agree to these Terms of Use, you are not authorized to use this Website. 

Will these Terms of Use ever change?

Formsort may revise and update these Terms of Use from time to time in its sole discretion. All changes are effective immediately and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.

What about my privacy?

Formsort takes the privacy of its users very seriously. For the current Formsort Privacy Policy, please click here.

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 16; if you are a child under 16, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us personal information, please contact us at hello@formsort.com.

Accessing the Website and account security

Formsort reserves the right to withdraw or amend this Website, and any service or material on the Website, in its sole discretion without notice. Formsort will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, Formsort may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

To access the Website or some of the resources it offers, you may be required to sign up for an account, and select a password and user name or provide an email address (“Formsort User ID”). It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You may not select as your Formsort User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. 

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

Formsort has the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in its sole discretion for any or no reason, including if, in its opinion, you have violated any provision of these Terms of Use.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
  • To impersonate or attempt to impersonate Formsort, a Formsort employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing). 
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm Formsort or users of the Website, or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Run Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure).
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

Use of Software

To the extent that Formsort provides for the download of proprietary Formsort software or open source software from the Website (“Software”), such Software is protected by the applicable copyright, patent or other intellectual property rights of either Formsort or the third party licensor. Any use of the Software is subject to the terms of the applicable end-user license agreement. All evaluation Software is provided “AS IS” for evaluation and internal use only. You may not use evaluation Software for commercial, development or production purposes. In addition, evaluation Software may be time-disabled and may cease to operate after a period of time.

Trademarks

Formsort reserves all rights to its trademarks, service marks and logos, which together with the trademarks, service marks and logos of subsidiaries of Formsort will be collectively referred to as “Formsort Marks.” No employee or other representative of Formsort is authorized to grant permission to use Formsort Marks or to provide guidance in their use, unless licensed within a formal written agreement. Thus, any promise or other representation with respect to Formsort Marks by a Formsort employee in the absence of a formal written agreement cannot be relied upon. The Formsort Marks are highly valued intellectual property, and therefore Formsort will take the necessary steps to guard against dilution and the use of third-party marks which are confusingly similar to Formsort Marks or which are likely to cause confusion with Formsort Marks. Formsort does not object to the use of the Formsort Marks (other than logos) to refer specifically to the products of Formsort. However, a purely referential use or nominative fair use of the Formsort Marks must be in plain text. Qualified legal counsel should be consulted in order to distinguish a referential use from an infringing use. In the United States, registered Formsort Marks should be designated by the symbol “®”, while unregistered Formsort Marks should be identified by a “™” designation. The Formsort Marks must be used as adjectives, rather than as nouns or verbs.

Except where otherwise specified, the contents of the Website are subject to copyright. Copyright © 2022 Formsort Inc. All rights reserved. The contents of the Website are protected by copyright and intellectual property laws in the United States and other countries as well as by international treaties. You may not copy or distribute any portion of the Website, except as necessary to view the Website.

The Website may allow you to copy or download certain content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links to Stripe, which are subject to the Stripe End User Terms of Service. This may also include links to external sites. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Online Purchases and Other Terms and Conditions

All purchases through the Website or other transactions for the sale of services formed through the Website, or resulting from visits made by you, are governed by our Terms of Service, which are hereby incorporated into these Terms of Use.

Electronic Communications

When you visit the Website or send e-mails to Formsort, you are communicating with Formsort electronically. We may respond to you by e-mail or by posting notices on the Website. You agree that all such notices, disclosures and other communications that Formsort provides to you electronically satisfy any legal requirement that such communications be in writing.

Disclaimers

Information on the Website is not promised or guaranteed to be correct, current or complete, and the Website may contain technical inaccuracies or typographical errors. Formsort assumes no responsibility (and expressly disclaims responsibility) for updating the Website to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products or other matters described in the Website. Formsort provides no assurances that any reported problems will be resolved by Formsort, even if Formsort elects to provide information with the goal of addressing a problem.

ALL INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE WEBSITE ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” WITH NO WARRANTIES OR GUARANTEES OF ANY KIND. FORMSORT EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTIES, GUARANTEES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NONINFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FORMSORT MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.

Limitation of Liability

IN NO EVENT WILL FORMSORT BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF US$100.00, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, REVENUES OR SAVINGS, LOSS OR DAMAGE TO DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE OR ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES ACCESSED ON OR THROUGH THESE WEBSITES, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY AND EVEN IF FORMSORT HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to indemnify, defend and hold harmless Formsort, its parents, subsidiaries and other affiliated companies (and the respective officers, directors, employees or agents of any such entities) from and against any and all claims, liabilities, damages, losses, costs, expenses and fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account, computer or software’s) use of the Website or violation of these Terms of Use. Formsort reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Formsort’s defense of such claim, and in no event may you agree to any settlement affecting Formsort without Formsort’s written consent.

Choice of Law and Jurisdiction

These Terms of Use will be governed by the laws of the State of New York, U.S.A. without regard to its conflict of laws provisions. The federal and state courts sitting in New York County, New York, U.S.A. will have proper and exclusive jurisdiction and venue with respect to any disputes arising from or related to the subject matter of these Terms of Use.

Waiver and Severability

The failure of Formsort to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Formsort and you as reflected in the provision, and that the other provisions of these Terms of Use remain in full force and effect. 

Entire Agreement

These Terms of Use include the Formsort Terms of Service and Privacy Policy, and all other terms and conditions set forth on the Website which are all incorporated herein by reference. These Terms of Use, together with any additional terms to which you agree when using the Website and the Services, constitute the entire and exclusive and final statement of the agreement between you and Formsort regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Your Comments and Concerns

This website is operated by Formsort Inc, a New York corporation having its principal place of business at 169 Madison Ave #2206, New York, NY 10016.

All notices of copyright infringement claims should be sent to the copyright agent in the manner and by the means set out in the Copyright Dispute Policy.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to hello@formsort.com.

For security-related concerns or comments, please contact: security@formsort.com.