Privacy Policy of Forefront Cultures Inc

LEGAL NOTICE

 

Forefront Cultures Inc. operates this web site (“Site”) and all the information, communications, software, photos, scripting, video, text, music, graphics, sound, images and other materials and services found on this Site (collectively "Content") for the users of the Site, but only for the lawful purposes described below.

 

ACCEPTANCE OF TERMS; APPLICABLE LAW

 

By accessing, browsing and/or using this Site you agree to be bound by these terms (“Terms”) and to comply with all applicable laws and regulations.  You represent that you have the legal authority to accept these Terms on behalf of yourself or any party you represent.  If any provision of these Terms is held invalid by any law, rule, order or regulation of any government or by final determination of any court, such invalidity shall not affect the enforceability of any other provision of these Terms.

 

If you do not agree to these terms, you are not authorized to use this Site, and you are not allowed to use this Site.

 

Individual documents and Content on this Site may be subject to additional terms indicated in those documents and Content.

 

This Site is controlled and operated by Forefront Cultures Inc. from its offices within 192 31st, Lindenhurst, NY 11757.  By accessing this Site you agree that the laws of New York, without regard to the principles of conflicts of laws, shall apply to the matters relating to the use of this Site.  Forefront Cultures Inc. makes no representation that the Content on this Site is appropriate or available for use in other locations, and access to it from areas where its Content is illegal is prohibited.  You acknowledge that Forefront Cultures Inc. may, in its sole discretion, refuse or terminate access to this Site by you at any time.

 

RESTRICTIONS ON USE OF CONTENT

 

The Content is Copyright © Forefront Cultures Inc. 2020.  ALL RIGHTS RESERVED.  The Content is protected by copyright laws, international treaty provisions and all applicable national laws.  You may not reproduce (whether by linking, framing or any other method), transfer, distribute or store part or all of the Content in any form without the prior written consent of Forefront Cultures Inc. except in accordance with the following terms.  Forefront Cultures Inc. consents to you displaying, downloading or printing portions of the material from the different areas of this Site solely for your own non-commercial use.  You may not change or delete any proprietary notices from Content downloaded from this Site.

 

REVISIONS

 

Forefront Cultures Inc. may revise or withdraw the Content, in whole or in part, at any time without notice.  Forefront Cultures Inc. may revise these Terms from time to time by updating this posting.  By using this Site, you agree to be bound by any such revisions.

 

THIRD-PARTY LINKS

 

In an attempt to provide increased value to our visitors, Forefront Cultures Inc. may choose various third-party web sites to link to from this Site.  By linking to such third-party site, you shall review and agree to that site’s terms of use before using such site.  You also agree that even if the third party is affiliated with Forefront Cultures Inc., Forefront Cultures Inc. has no control over these linked sites and cannot assume any responsibility for material created or published by such third-party sites.  Any links to other sites are provided as merely a convenience to the users of this Site.

 

DISCLAIMER

 

Forefront Cultures Inc. is providing this Site and its contents on an "as is" and "as available" basis and makes no representations or warranties of any kind, whether express or implied, with respect to the availability, accuracy, reliability or Content of the Site or any other web sites linked to or from this Site. To the fullest extent permissible pursuant to applicable law, Forefront Cultures Inc. disclaims all such representations and warranties, express or implied, including, but not limited to, warranties of title or non-infringement or implied warranties of merchantability and fitness for a particular purpose. In addition, Forefront Cultures Inc. does not represent or warrant that this Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or the server that makes these pages available are free of viruses or other harmful components. Applicable law may not allow the exclusion of certain warranties, so the above exclusion may not apply to you.

 

LIMITATION OF LIABILITY

 

Forefront Cultures Inc. shall not be liable for any direct, indirect, incidental, special or consequential damages, lost profits, or for business interruption arising out of your access, use or inability to use this Site, or any errors or omissions in the Content, even if Forefront Cultures Inc. has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of certain limitations of liability, so the above limitation or exclusion may not apply to you.

 

 

 

 

 

DISPUTE RESOLUTION (the following is considered to be an Arbitration Agreement between us and you)

 

            Agreement to Arbitrate

 

You agree to arbitrate – rather than litigate in court – any and all claims or disputes between you and Forefront Cultures Inc. that arise out of, or in any way relate to, use of this Site. This provision does not prevent you from filing or joining a complaint with any federal, state, or local government agency that is authorized by law to seek relief against us on your behalf. Arbitration will be binding and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof.

 

You agree that an arbitrator may only award such relief as a court of competent jurisdiction could award, limited to the same extent as a court would limit relief pursuant to the terms of this Agreement. An arbitrator may award attorneys’ fees and costs if a court would be authorized to do so, and may issue injunctive or declaratory relief if that relief is required or authorized by the applicable law, but that injunctive or declaratory relief may not extend beyond you and your dealings with us. Discovery may be limited in arbitration, and procedures are more streamlined than in court. Notwithstanding the above, appropriate claims may be brought against each other in small claims court, if the claims fall within the small claims court’s jurisdiction, or any other federal, state, or local government agency authorized by law to hear your claims.

 

            Class Action Waiver

 

You agree that all claims or disputes between us will be arbitrated individually, and that there will be no class, representative, or consolidated actions in arbitration. If you or we bring a claim in small claims court, the class action waiver will apply, and neither of the parties can bring a claim on a class or representative basis. Furthermore, neither you nor we may participate in a class or representative action as a class member if the class action asserts claims that would fall within the scope of this arbitration agreement if they were directly asserted by you or us. Notwithstanding the foregoing, this arbitration agreement shall not prohibit you or us from participating in any judgment or settlement in any litigation brought by a federal, state, or local government on behalf of you or us, excluding litigation brought by any party in its capacity as a private attorney general. We both agree that this class action waiver is an essential part of our arbitration agreement and that if this class action waiver is found to be unenforceable by any court or arbitrator then the entire arbitration agreement set forth in this section will not apply to any claim or dispute between you and us. This class action waiver may not be severed from our arbitration agreement.

 

            Informal Dispute Resolution

 

You and Forefront Cultures Inc. agree to try to resolve disputes informally before resorting to arbitration. If the dispute cannot be resolved by telephone, you agree to notify us of the dispute by sending a written description of your claim to Forefront Cultures Inc. at 192 31st, Lindenhurst, NY 11757, or via email at info@getforefront.co so that we can attempt to resolve it with you. If the dispute cannot be satisfactorily resolved within a reasonable time, then you may pursue the claim in arbitration. Neither you nor we may initiate arbitration without first providing the other notice of the claim and following the informal dispute resolution procedure provided in this paragraph.

 

            Arbitration Procedures

 

You and Forefront Cultures Inc. agree that this Agreement affects interstate commerce and that the Federal Arbitration Act applies. All arbitrations shall be conducted by the American Arbitration Association ("AAA"). The AAA’s rules are available on its website at www.adr.org or by calling 1-800-778-7879. If the claim asserted in arbitration is for less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply. If the claim asserted is for $75,000 or more, the Commercial Arbitration Rules will apply. If there is a conflict between the AAA’s rules and this dispute resolution agreement, this dispute resolution agreement shall control. To initiate arbitration, you must send a letter requesting arbitration and describing your claims to Forefront Cultures Inc. at 192 31st, Lindenhurst, NY 11757, or via email at info@getforefront.co. You must also comply with the AAA’s rules regarding initiation of arbitration. You will be responsible for your own attorneys’ fees and costs unless otherwise determined by the arbitrator pursuant to the terms of this agreement or applicable law.

 

INDEMNIFICATION

 

You agree to indemnify and hold Forefront Cultures Inc. and all of its respective officers, directors, employees and agents harmless from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, that arise out of your use of this Site in violation of these Term by you or any other person acting on your behalf, or your violation of any rights of another. We reserve the right to control the defense of any action for which we are entitled to indemnification hereunder. In such event, you agree to cooperate with us, at our expense, as we may reasonably request in connection with our defense of the applicable claim.

 

 

PRIVACY POLICY

 

This privacy policy (“Policy”) describes our privacy practices and sets out your obligations and ours with respect to your use of the this Site. By using this Site, you agree to abide by the terms of this Policy. If you do not agree with this Policy, you are not authorized to use this Site, and you are not allowed to use this Site.

 

            Personal Information

 

As used herein, personal information is information about you that is linked to you as an individual, such as your name, education, employment status, postal address, email address, phone number, credit card number and expiration date, as well as other non-public information that is associated with you. Personal information does not include technical information such as unique device identifiers, randomly assigned unique identifiers in cookies, mobile device name, timestamp, or IP addresses.

 

In order to provide you certain services through this Site, we may ask you for personal information when interacting on the Site, or that you voluntarily provide on certain other occasions, such as by entering the above-identified information via forms or in emails that may include your name, title and address, telephone number, email address, credit card number or other elements of personal information.

 

Forefront Cultures Inc. uses appropriate measures to prevent unauthorized access to and improper use of your personal information.

 

            Non-personal Information

 

Forefront Cultures Inc. may collect non-personally identifiable information about you in a number of ways including tracking your activities through your IP address or the most recently visited URLs. This information may be used on an aggregated basis to measure the number of visits, average time spent on this Site, pages viewed, and other technical data. We also may use it to monitor the use of this Site and to improve the overall quality and content of the online experience. We may also collect data about Site downloads and queries for targeted advertising purposes, including the possible interests of Site visitors and their demographics. Please note that we may provide this information to reputable third parties, but this information will include no personally identifiable information.

 

            How We May Use Your Information

 

Information that we collect and that you provide to us is used for our business purposes and the purpose for which you provided it, including, without limitation, to respond to your requests or correspondence, or to use our services.  We may also use the information to inform you about Forefront Cultures Inc.’s activities, services, and events.  Information may also be used to provide you with useful information and to enhance the Site.

 

We will not, without your permission, provide personal information to third parties, except: (i) with whom we cooperate with in order to facilitate our services; (ii) to parties who perform a service for us, such as sending you mail or email, web hosting, credit card processing, and other services; (iii) when we believe that such disclosure is required by law; (iv) to enforce this Policy or the Terms; (v) to protect the rights, property, security or safety of Forefront Cultures Inc., Site users, or the public; (vi) to respond to an emergency; or (vii) as otherwise stated in this Policy.  Information provided to third parties is limited to the information needed to perform their functions and to perform our services. 

 

Forefront Cultures Inc. does not sell or share donor lists.

 

Forefront Cultures Inc. may email users of this Site information regarding important developments affecting Forefront Cultures Inc..  We may also email users on occasion regarding the Site.  Such emails may be sent to users of the Site even if they have not requested to receive any communication from us.

 

Forefront Cultures Inc. may use certain tracking data to, for example, compile statistical, demographic or aggregated information about visitors to the Site generally, or for load balancing metrics, or to create reports on user demographics and the traffic patterns of the Site.  The reports that are generated from tracking may be used to, for example, improve the Site.

 

            Use of this Site by Children; Children’s Privacy

 

This Site is not intended for use by anyone under the age of 13, and we do not knowingly collect information from anyone under 13 years of age without the consent of a parent or guardian.  If you are under 13, you are not authorized to and are not allowed to provide us with any personally identifying information about yourself (such as your name, your email address or your phone number).  If we become aware that we have collected any personally identifying information from a user under the age of 13, we will remove such information from our records as soon as possible.

 

With authorization from a parent or guardian, we use pictures, digital images and video of children on the Site, as well as in brochures and promotional materials.  A parent or guardian may revoke such authorization and ask that images of their child be deleted from the Site by contacting us at 192 31st, Lindenhurst, NY 11757, or via email at info@getforefront.co.

 

            Transfer of Information to Third Parties Upon a Sale or Change of Control

 

Forefront Cultures Inc. retains the right to transfer or assign all information pursuant to a merger, purchase or other transaction relating to Forefront Cultures Inc. or our assets if the assignee or purchaser agrees to abide by the terms of this Policy.

 

            Accuracy of Collected Information

 

Forefront Cultures Inc. may, on its own initiative, correct or erase any personal data which is incomplete, inaccurate, or outdated for the purposes for which it is used.  You always have the right to have the personal information you have provided corrected, and you are encouraged to ensure that your contact information and any other information you have provided is accurate, complete and up-to-date by contacting Forefront Cultures Inc. at 192 31st, Lindenhurst, NY 11757, or via email at info@getforefront.co.

 

            Electronic data collection technologies that may be used

 

                        Cookies

 

When you access this Site, our server may attach a small text file to your hard disk - a cookie.  By showing how and when our guests use this Site, this information helps us to improve this Site.  Cookies are safe and cannot be executed as code or be used to deliver a virus.  Personal information is not gathered from cookies, or stored on them.  If you do not wish to receive cookies, or want to be notified of when they are placed, you can set your web browser to do so, if your browser so permits.  If you set your browser to refuse cookies, it is possible that some aspects of this Site may not function properly.

 

                        Local shared objects

 

            Local shared objects (e.g., "Flash" cookies) are associated with non-browser software like Flash Player.  Local shared objects can be used like cookies to distinguish your device from others, but will not be deleted or blocked using browser cookie controls.  You can visit adobe.com for guidance on how to delete and block Flash cookies.

 

                        HTML5 local storage

 

Browsers can use HTML5 local storage to distinguish your device from others as well as remember data that may be important for the functioning of the website.  Typically HTML5 local storage is only deleted if all Internet history, cache, and cookies are deleted.  You should check your browser software for how to delete HTML5 local storage in your particular case.

 

                        Web beacons

 

Web beacons are image files that are used by third-party advertisers, analytics companies, and others.  Web beacons are embedded in web pages you visit and cause your browser to share its IP address with the third-party source of the beacon, together with any cookies associated with that third-party.  Web beacons can be used with or without cookies.  Blocking cookies will not stop your IP address from being shared through the use of beacons.

 

 

                        E-tags

 

E-tags are used to prevent duplicative downloading of content to your browser, which can enhance browser performance.  E-tags use unique identifiers for content that can also be used to distinguish your browser in certain instances from others.  Typically e-tags are only deleted if all Internet history, cache, and cookies are deleted.  You should check your browser software for how to delete e-tags in your particular case.

 

            Revisions to this Policy

 

Forefront Cultures Inc. may revise this Policy, in whole or in part, at any time without notice.  Forefront Cultures Inc. may revise this Policy from time to time by updating this posting.  By using this Site, you agree to be bound by any such revisions to the revised Policy.