By using the Fail Forward site ("service"), you are agreeing to be bound by the following terms and conditions ("terms of service").

nevisdata, LLC ("company") reserves the right to update and change these terms of service without notice.

Violation of any of the terms below may result in the termination of your account.

Account terms

You are responsible for maintaining the security of your account and password. The company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

You are responsible for all content posted and activity that occurs under your account.

You may not use the service for any illegal purpose or to violate any laws in your jurisdiction (including but not limited to copyright laws).

You must provide your legal full name, a valid email address, and any other information requested in order to complete the optional paid membership signup process.

Your login may only be used by one person — a single login shared by multiple people is not permitted. You may create separate logins for as many people as you'd like.

You must be a human. Accounts registered by "bots" or other automated methods are not permitted.

Payment, refunds, upgrading and downgrading terms

The service is offered for free with an option to sign up for more features with a free trial. Once that trial is up, you will only be able to continue using that plan's features by paying in advance for additional usage. If you fail to pay for additional usage, your account will be downgraded until payment is made.

For any upgrade or downgrade in plan level, the new rate will be charged at the next billing cycle. There will be no prorating for downgrades in between billing cycles.

Downgrading your service may cause the loss of features or capacity of your account. The company does not accept any liability for such loss.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.

Refunds are processed according to our fair refund policy.

Cancellation and termination

You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Settings link in the global navigation bar at the top of the screen. The Settings screen provides a simple no-questions-asked cancellation link.

All of your content will be immediately inaccessible from the service upon cancellation. Within 30 days, all this content will be permanently deleted from all backups and logs. This information cannot be recovered once it has been permanently deleted.

If you cancel the service before the end of your current paid month, your cancellation will take effect immediately, and you will not be charged again. But there will not be any prorating of unused time in the last billing cycle.

The company, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the service for any reason at any time. Such termination of the service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. The company reserves the right to refuse service to anyone for any reason at any time.

Modifications to the service and prices

The company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the service with or without notice.

Prices of all services are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the company's site or the service itself.

The company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the service.

Copyright Policy

Company respects the intellectual property of others and asks that users of our Site do the same. In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Site who are repeat infringers of intellectual property rights, including copyrights.

If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, please submit a written notification pursuant to 17 U.S.C. § 512(c) to our designated Copyright Agent with the following information:

1. Your physical or electronic signature;
2. Identification of the copyrighted work(s) that you claim to have been infringed;
3. Identification of the material on our services that you claim is infringing and that you request us to remove;
4. Sufficient information to permit us to locate such material;
5. Your address, telephone number, and e-mail address;
6. A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
7. A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification subjects the complaining party to liability for damages, costs, and attorney’s fees incurred by us.

Designated Agent: nevisdata, LLC Legal Department
Address: 131 Continental Dr, Suite 305, Newark, DE 19713
Phone: (302) 219-0259
Email: dmca@nevisdata.com

Dispute Resolution and Arbitration

By using this service, you agree to resolve any disputes through binding arbitration on an individual basis. You waive your right to bring claims in a class action or jury trial. Before initiating arbitration, you agree to attempt to resolve the dispute informally by contacting us at info@nevisdata.com. If unresolved, arbitration shall be conducted by JAMS in accordance with its rules, with location and process mutually agreed upon or as required by law.

You may opt out of this arbitration agreement within 30 days of your first use of the service by sending a written notice to:

nevisdata, LLC,
131 Continental Dr,
Suite 305,
Newark, Delaware 19713

General conditions

Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.

Technical support is only provided via email.

You understand that the company uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the service.

You must not modify, adapt or hack the service.

You must not modify another website so as to falsely imply that it is associated with the service or the company.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service, or access to the service without the express written permission by the company.

We may, but have no obligation to, remove content and accounts that we determine in our sole discretion are unlawful or violates any party's intellectual property or these terms of service.

Verbal, physical, written or other abuse (including threats of abuse or retribution) of any service customer, company employee or officer will result in immediate account termination.

You understand that the technical processing and transmission of the service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

The company does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the service will be corrected.

You expressly understand and agree that the company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.

The failure of the company to exercise or enforce any right or provision of the terms of service shall not constitute a waiver of such right or provision. The terms of service constitutes the entire agreement between you and the company and govern your use of the service, superseding any prior agreements between you and the company (including, but not limited to, any prior versions of the terms of service).

Questions about the terms of service should be sent to info@nevisdata.com.

Any new features that augment or enhance the current service, including the release of new tools and resources, shall be subject to the terms of service. Continued use of the service after any such changes shall constitute your consent to such changes.