Please read this Agreement carefully before accessing or using Gauges. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access Gauges or use any services. If these terms and conditions are considered an offer by Fastest Forward, acceptance is expressly limited to these terms. Gauges is available only to individuals who are at least 13 years old.
If you create a site on Gauges, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the site. You must immediately notify Fastest Forward of any unauthorized uses of your account or any other breaches of security. Fastest Forward will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
If you operate a site, post links on Gauges, or otherwise make (or allow any third party to make) material available by means of Gauges (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
By submitting Content to Gauges for inclusion in your account, you grant Fastest Forward a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your site.
Without limiting any of those representations or warranties, Fastest Forward has the right (though not the obligation) to, in Fastest Forward’s sole discretion (i) refuse or remove any content that, in Fastest Forward’s reasonable opinion, violates any Fastest Forward policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of Gauges to any individual or entity for any reason, in Fastest Forward’s sole discretion. Fastest Forward will have no obligation to provide a refund of any amounts previously paid.
Tracking a site on Gauges requires a paid subscription. By selecting a paid subscription plan you agree to pay Fastest Forward the monthly or annual subscription fees indicated for that service (the payment terms for service are described below). Payments will be charged on the day you sign up for a subscription and will cover the use of that service for a monthly or annual period as indicated. Subscription fees are not refundable.
By signing up for a subscription plan you agree to pay Fastest Forward the monthly hosting fees indicated at http://gaug.es/ in exchange for the services listed therein. Applicable fees will be invoiced starting from the day your subscription is established and in advance of using such services. Fastest Forward reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Subscriptions can be canceled by you at anytime.
This Agreement does not transfer from Fastest Forward to you any Fastest Forward or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Fastest Forward. Fastest Forward, Gauges, the Gauges logo, and all other trademarks, service marks, graphics and logos used in connection with Gauges are trademarks or registered trademarks of Fastest Forward or Fastest Forward’s licensors. Other trademarks, service marks, graphics and logos used in connection with Gauges may be the trademarks of other third parties. Your use of Gauges grants you no right or license to reproduce or otherwise use any Fastest Forward or third-party trademarks.
Fastest Forward reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to Gauges following the posting of any changes to this Agreement constitutes acceptance of those changes. Fastest Forward may also, in the future, offer new services and/or features through Gauges (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Fastest Forward may terminate your access to all or any part of Gauges at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Gauges account (if you have one), you may simply discontinue using Gauges. Notwithstanding the foregoing, if you have a paid subscription account, such account can only be terminated by Fastest Forward if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Fastest Forward’s notice to you thereof; provided that, Fastest Forward can terminate Gauges immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Gauges is provided “as is”. Fastest Forward and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Fastest Forward nor its suppliers and licensors, makes any warranty that Gauges will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, Gauges at your own discretion and risk.
In no event will Fastest Forward, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Fastest Forward under this agreement during the twelve (12) month period prior to the cause of action. Fastest Forward shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless Fastest Forward, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of Gauges, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Fastest Forward and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Fastest Forward, or by the posting by Fastest Forward of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of Gauges will be governed by the laws of the state of Indiana, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Indianapolis, Indiana. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in South Bend, Indiana, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Fastest Forward may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.