Statement of Rights

Our statement of rights is intended to create a shared understanding about how FirstForward and its members will respect each other's authority and responsibility when accessing the website.

The following applies to all member activity in FirstForward:

1. Our policies—including Community Standards, Member Agreement, FirstForward PRO, Vendor Agreement, Privacy Policy and Legal Notices—are in effect from the moment you create your member account.
2. You are responsible for protecting and regularly changing your account password used to access FirstForward. Do not share your account access with others.
3. The content on our website belongs to Envisage and members of FirstForward. You may not use or distribute posts, photos, comments or other member-created content outside of FirstForward without expressed permission from the owner of the content.
4. You must abide by U.S. and international copyright laws. Publish only text and images you know to be your own, for which you have obtained explicit permission from the owner of the content, or the use of which falls under fair use of copyrighted material. You are personally responsible for any violation of U.S and international copyright laws.
5. As a member of FirstForward, we will do our best to protect you from third-party claims of patent or copyright infringement about your authorized use of this site, provided you report such claims promptly and cooperate with our investigation. Should your actions violate our policies, however, your content may be removed, or your member account restricted or terminated. Envisage is not responsible for a third-party breach or violation of any kind; members should pursue the third-party for an injunction or damages.
6. At any time, you may request the deletion of content contributions you have made to the website, up to and including the termination of your member account. Once this request is fulfilled, we will not be able to restore your information. However, for legal defensibility of our members, we may retain copies of such data, including audit records of deletions.
7. Through our ongoing software development, Envisage will make every commercially reasonable effort to secure your data from loss and theft. Should your information be compromised, we are not held liable for damages suffered as a result.
8. This software belongs to Envisage. You may not reverse engineer or otherwise use the source code to build third-party products.
9. Envisage makes use of some open source software. The terms of those licenses apply.
10. With your permission, we may identify you as a member of the FirstForward community for marketing or communication purposes. You are under no obligation to grant this permission.

We may update our Statement of Rights from time to time. If a revision meaningfully alters your rights, we will use reasonable efforts to notify you of these changes. The modified version will be effective fourteen (14) days after we notify you, or upon your next authentication with FirstForward, whichever is earlier.

Community Standards

Our community standards guide is intended to create a shared understanding about how FirstForward members are expected to treat each other and our website. We expect courtesy and common sense that will help members avoid misuse and abuse of the website, as well as minimizing conflict with others.

The following applies to all actions taken through FirstForward:

1. Be courteous. Act professionally by treating your peers and our vendors with kindness and respect.
2. Represent yourself accurately. Do not impersonate someone else, fabricate training or experience records, or imply false associations with FirstForward, Envisage, other members, their organizations, or our vendors.
3. Know your audience. Post only content appropriate to our community of public safety professionals, and for which you own or have permission from the owner of content to distribute. Do not post racist, sexist or other discriminatory content, such as porn.
4. Assume positive intent. Every member of FirstForward represents an honorable profession and has joined our community to connect with peers who value their careers.
5. Embrace differences. Ask questions as a way to understand the diverse experiences of other first responders.
6. Respect "No." Do not harass other FirstForward members with excessive requests or comments. Communicate clearly when you wish an unwanted behavior to stop.
7. Respect the privacy of others. Avoid publishing sensitive information about yourself or others, particularly medical information regulated by HIPAA, without authority to do so and only publish others' training or experience records through the tools and integrations provided. Do not send unsolicited commercial messages or similar items that might be interpreted as spam.
8. Uphold the law. You will be held liable for content you publish on FirstForward that violates state, federal, or international laws, including classified information and intellectual property that is not your own. Envisage is not responsible for content published without permission, but shall use best efforts to remove such content.
9. FirstForward is a shared resource. Do not attempt to compromise the integrity or degrade the performance of our systems. This includes the use of automated systems to request more web pages than a human could read in the same period of time.
10. Use your best judgment. We reserve the right to remove content from FirstForward that is inconsistent with the spirit of our policies, even if it is not explicitly forbidden. Reported violations of our community standards are forwarded to our team for review.

We may update our Community Standards from time to time. If a revision meaningfully alters your rights, we will use reasonable efforts to notify you of these changes. The modified version will be effective fourteen (14) days after we notify you, or upon your next authentication with FirstForward, whichever is earlier.

Member Agreement

Our member agreement is intended to create a shared understanding about how FirstForward facilitates the sale of goods and services, and to clarify each member’s rights and obligations when using our services. Whether you are an individual or represent an organization, our expectations are that we work together in the ways described below.

The following applies to all member activity within FirstForward:

1. Envisage is responsible for facilitating your access to training and equipment vendors. We do this by developing the software and maintaining the hardware needed to bring the Marketplace to you.
2. Access to the Marketplace requires that you create, maintain and protect your FirstForward member account. You are responsible for the activity and purchases made through your account.
3. You may customize your Marketplace experience by explicitly changing settings for your member account, as well as through your activity on FirstForward.
4. You may not otherwise alter or tamper with the functionality of our software to acquire vendor goods and services. Doing so may result in loss of your member account and access to FirstForward. If your actions justify, we will cooperate with law enforcement to prosecute.
5. The Marketplace allows you to purchase a license to access training content. Training content continues to be the property of the vendor.
6. Training is intended for the member to whom it is assigned. Except where explicitly allowed, you are not permitted to lend, lease, sell, modify or distribute Marketplace content.
7. Members are responsible for paying all fees to which they agreed at the point of purchase. When your purchase is not exempt, taxes are charged in accordance with the law.
8. Envisage verifies our vendors as part of their inclusion in the Marketplace, but we cannot control or guarantee the quality of your purchases. Warranty of any goods or services purchased on FirstForward is made only by the vendors providing those goods and services, not Envisage. Please consult and contribute to member reviews of vendors, services and products to improve the Marketplace experience.
9. Attempt to resolve any disputes first through civil discussion between you and the vendor. Refunds are available for members who have not yet viewed online courses, or accessed any course within an online course bundle subscription. Refunds will be automatically processed for classroom training courses which are cancelled by the vendor. However, Envisage and its vendors will not be responsible for any other costs or expenses related to a cancelled classroom training course, or for changes in a vendor's course bundle.
10. As members of the same community, we will all represent ourselves accurately and with appropriate legal authority when conducting a transaction. FirstForward reserves the right to verify your employment and/or credentials through your employer or third party, including consumer reporting agencies.

We may update our Member Agreement from time to time. If a revision meaningfully alters your rights, we will use reasonable efforts to notify you of these changes. The modified version will be effective fourteen (14) days after we notify you, or upon your next authentication with FirstForward, whichever is earlier.

FirstForward PRO

Our PRO Account Agreement is intended to create a shared understanding about the additional responsibilities that FirstForward and each FirstForward PRO member have towards each other.

The following applies to all members who purchase one or more subscriptions to FirstForward PRO:

1. All of our policies—including Statement of Rights, Community Standards, Member Agreement, Vendor Agreement, Privacy Policy and Legal Notices—remain in effect even if you upgrade an account to FirstForward PRO.
2. Purchasing a license for FirstForward PRO enables additional functionality on FirstForward.com for a one (1) year period. If new features are added to PRO after your purchase but before your license expires, you will have access to those features at no additional cost for the remainder of the initial license period.
3. Pricing is based upon the number of licenses purchased per year. Promotional discounts are subject to change at any time and may no longer be available upon renewal.

   Pricing Type	For Licenses 1 - 100	For Licenses 101+
   Regular Price	$20/yr	$18/yr

4. When an organization purchases multiple PRO licenses, those licenses are assigned to individual member accounts as per-member PRO features are used, either by the individual member or by one of the organization’s administrators (such as assigning policy documents), within a license period.
5. Your organization's administrator can reassign PRO member licenses if a PRO member is removed from your organization on FirstForward. Any abuse of this feature to share access to a course bundle subscription, internal training library, or other PRO features will not be tolerated, and may result in suspension and/or termination of your organization’s account.
6. If you need to purchase additional PRO licenses for members of your organization after your initial purchase, the license fees stated above will be prorated based on the number of days remaining before your current license expires.
7. If, at the end of the license term, you choose to renew at the then-existing rate, all of your PRO member licenses will continue to be associated with such accounts. Your department's PRO data may not be available for export if your license lapses or expires.
8. PRO licenses may be cancelled by an organization administrator by contacting FirstForward, or by FirstForward in the event you do not adhere to site policies. Regardless of why licenses are cancelled, no portion of the license fee will be refunded.
9. The job listing features on FirstForward may only be used by individuals seeking employment or career information and by employers seeking employees. FirstForward shall not be responsible for any employment actions or decisions, for whatever reason, made by any entity using the job listing features.
10. FirstForward does not review job listings that are posted using PRO features, and is not involved in any transactions between employers and applicants. While FirstForward reserves the right to remove job listings or other materials from the site, it assumes no obligation to do so.
11. Classroom courses distributed by an organization using the Course Catalog PRO feature to its members with PRO licenses will not incur diploma fees, unless a third-party certification program requires such fees. However, any classroom courses you post on FirstForward will incur standard diploma fees for attendees outside of your organization, for members of your organization without PRO licenses, and for all attendees if the course does not utilize the Course Catalog feature or the course finishes after termination of your license.

We may update our PRO Account Agreement from time to time. If a revision meaningfully alters your rights, we will use reasonable efforts to notify you of these changes. The modified version will be effective fourteen (14) days after we notify you, or upon your next authentication with FirstForward, whichever is earlier.

Vendor Agreement

Our vendor agreement is intended to create a shared understanding of the responsibilities Envisage and vendors have toward each other. The rights and obligations described below will govern the interactions between us.

1. FirstForward will facilitate your access to customers by processing orders on the Marketplace, as well as by developing the software and maintaining the hardware necessary to support these transactions.
2. Access to the Marketplace requires that you create, maintain and protect your FirstForward vendor account. You are solely responsible for the activity made through your account. By using FirstForward, you agree to be bound by policies, notices and agreements posted on the site.

3. When your product sells in the Marketplace, Envisage collects the full amount paid by the customer (including the item price, applicable taxes, and transaction fees). The amount you receive depends on the type of product being sold:

   Online Courses and Online Course Subscriptions

   You receive 70% of that total price, less any applicable taxes and fees.

   Total price paid by the customer
   - Applicable taxes
   - Third-party transaction fees (2.9% + $0.30 per transaction)
     ____________________
   = Shared revenue (70% to you, 30% to Envisage)

   Classroom Courses

   You will receive 100% of the total price, less any applicable taxes and fees. Once the class is completed, you are required to upload the following information for each class: date of class completion, member's first and last name, member's email address, member's city and state of residence, member's POST or badge identification number, member's department, number of training hours, and category of training hours (if applicable). The collection of this data is a requirement. You are expected to take all reasonable measures to ensure that members provide this information completely and accurately.

   You must pay $2.50 plus $0.25 per training hour (based on course maximum)—not to exceed $15.00/member/class—for each class a member completes:

   Total price paid by the customer
   - Applicable taxes
   - Third-party transaction fees (2.9% + $0.30 per transaction)
   - Student Administration fees ($2.50 + $0.25/Training Hour per attendee. Maximum $15 per attendee.)
     ___________________
   = Revenue (100% to you)

4. Content must be listed at the best pricing available on any digital platform. In the event you opt to offer your content for free, no taxes or transaction fees will apply, but student administration fees will. You may check the status of sales online in real time. On or before the 15th day of each month, Envisage will initiate a transfer of available funds from the previous month to your payment account. Registration fees for classroom training events do not become available funds until after the class ends.
5. The Marketplace allows you to sell licenses to FirstForward members to access training content. You must have the necessary rights to publish the content you submit.
6. All parties shall retain their respective licenses and rights to intellectual property and confidential information, except that Envisage will have a non-exclusive right to transmit, display, distribute, exhibit, broadcast, rent, sell, license, and otherwise commercially utilize your products on the Marketplace according to these terms.
7. Envisage may include your name and content in its presentations, marketing materials, customer lists, and financial reports.
8. You understand that the Marketplace is connected to customers who are public safety professionals and that any product listed must be related to the professional practice of public safety. You are solely responsible for examining the content, accuracy, completeness, timeliness, copyright compliance, legality, and quality of your products. Envisage maintains the right to reject or remove any product it deems unfit for listing on the Marketplace.
9. Any online course you submit must conform to FirstForward's technical specifications for integration into the Marketplace. It must be SCORM-compliant, contain a thumbnail image to be displayed to customers, an accurate description of its content that does not mislead customers, and specification whether to limit the content to specific personnel (e.g., law enforcement only).
10. Warranty of any goods or services purchased on FirstForward is made only by the vendors providing those goods and services. To the extent permitted by applicable law, Envisage disclaims all express and implied warranties regarding the Marketplace.
11. If you need to cancel a classroom training event, you must notify Envisage more than seven days prior to the event's scheduled start date.
12. If you have at least two online courses in the Marketplace, you have the option to sell members a course bundle subscription to access multiple courses within your training catalog on FirstForward for a single annual price. You can make changes to your course bundles at any time, but pricing and deleted courses will not change on active course bundle subscriptions. You can turn off the course bundle subscription option at any time, but you must honor active course bundle subscriptions until they expire.

We may update our Vendor Agreement from time to time. If a revision meaningfully alters your rights, we will use reasonable efforts to notify you of these changes. The modified version will be effective fourteen (14) days after we notify you, or upon your next authentication with FirstForward, whichever is earlier.

Privacy Policy

Our privacy policy is intended to create a shared understanding about how Envisage protects, shares and uses data generated by each member. We want to work together to cultivate a safe and trusted online space that fosters peer connections and collaboration.

The following applies to all member activity in FirstForward:

1. Once granted, your access to the website as a member of FirstForward is yours to safeguard. Change your password frequently and do not share your account credentials. Ultimately, you are responsible for any actions taken using your member account.
2. Any permissible content you post or upload to FirstForward belongs to you. You retain control over its visibility, use by other members and when it should be removed from our website.
3. By sharing your content on our website, you grant Envisage the right to analyze and aggregate anonymized statistics about your website activity both to improve member experiences and to share with third parties.
4. FirstForward system administrators will always be able to access your account, for the purpose of troubleshooting technical problems and investigating policy violations or other claims against you. We will communicate with you when this happens.
5. We collect the following information: account and profile activity, exposure/incident records, contact information, newsfeed content, connections between members, Marketplace purchases and server logs containing IP addresses, browser types, email addresses and other web request data. If you respond to a job listing, you may be asked to provide the employing agency additional information. The disclosure, receipt, and security of that information is not governed by FirstForward's Privacy Policy. If you enter exposure/incident records directly into a system that integrates with FirstForward, only the copy of that information that synced to our site is covered by our policies.
6. When results of data analysis are communicated to others, your identity—including name, phone number, email address or other personal information—will not be referenced without your express permission. If you send an invitation to join FirstForward to another individual, please note that we may remind your invitees of your invitation on your behalf and send them other communications regarding FirstForward.
7. If you purchase or otherwise access a vendor course through FirstForward, we may share your name, contact details, employing agency, and corresponding training data with that vendor. If such training is certified by a third party, these details may also be shared with that organization. Your name, contact information, and submission details may also be shared with the employing agency if you respond to a job listing. All of these partners may maintain information about members under their own data and privacy policies. If you are affiliated with an organization or employer on FirstForward, information you share with them may be retained on FirstForward and made accessible to them in accordance with our Legal Notices, or might be stored elsewhere in accordance with their organizational data policies.
8. You may not mine FirstForward for information intended for resale as marketing data or contact lists, unless such tools are built into our software. Respect the privacy of other members.
9. FirstForward makes use of cookies and other techniques to manage your account access and experience while on the website. This includes visitors who have a “Do Not Track” setting enabled on their browsers.
10. We will make every effort to secure your data from loss and theft but cannot guarantee that our security protocols will never be overcome. Should your information be compromised, we will notify you of the data breach along with recommended actions to protect yourself.
11. We will only disclose your information to a third party as described in these policies, to comply with legal requirements, or in response to an emergency to prevent serious injury or death.
12. If FirstForward transfers ownership, the existing policies will be honored by the new stewards of this community.
13. FirstForward may contact you with news, updates, job listings, and special offers. You may edit your mailing preferences at any time within FirstForward.
14. FirstForward reserves the right to verify your employment and/or credentials through your employer or third party, including consumer reporting agencies.
15. Your information, including personal information, may be transferred to—and maintained on—computers/servers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction. If you are located outside the United States or Canada and choose to provide information to us, please note that we may store, transfer, or process your information, including personal information, in either or both of these countries. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

We may update our Privacy Policy from time to time. If a revision meaningfully alters your rights, we will use reasonable efforts to notify you of these changes. The modified version will be effective fourteen (14) days after we notify you, or upon your next authentication with FirstForward, whichever is earlier.

Legal Notices

FirstForward is a product of Envisage Technologies, LLC (“Envisage”). Our legal notices are intended to provide a framework for fair and efficient resolution of conflicts that may arise between Envisage, its customers, vendors, or third parties by clarifying the respective duties of each.

Warranties by Envisage
Envisage represents and warrants to you only that it has the right and authority to enter into and perform its obligations under its posted policies, notices, and agreements, and that it shall perform its obligations in a commercially reasonable manner. Envisage expressly disclaims the following:

• (i) the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement;

• (ii) that the Marketplace will meet your requirements, will always be available, accessible, uninterrupted, timely, secure, or operate without error;

• (iii) that customers, vendors, job applicants, or prospective employers will perform as promised;

• (iv) any implied warranty arising from course of dealing or usage of trade; and

• (v) any obligation, liability, right, claim, or remedy in tort, contract, or otherwise, whether or not arising from the negligence of Envisage.

Warranties by You
You represent and warrant that:

• (i) if you are a business, you are duly organized, validly existing, and in good standing under the laws of the country in which your business is registered;

• (ii) you have all requisite right, power and authority to enter into this agreement and fully discharge your obligations hereunder;

• (iii) any information provided or made available by you to FirstForward, or in response to a job listing, is at all times accurate and complete; and

• (iv) your affiliates accessing the Marketplace are duly authorized and legally bind you to this agreement and all transactions conducted under your account.

Key Definitions

• A “classroom course,” also known as in-person training, requires a member to physically attend a live training event in which they are face-to-face with the instructor(s).

• An “online course” requires a member to consume pre-recorded training content entirely by digital or electronic means on FirstForward.com.

Indemnification
You agree to indemnify, defend and hold Envisage, as well as its affiliates and agents, harmless from and against any and all claims, losses, damages, liabilities, judgments, penalties, fines, costs and expenses (including reasonable attorneys' fees), arising out of or in connection with any claim arising out of:

• (i) your use of FirstForward in an unauthorized manner, in violation of applicable restrictions, and/or in violation of applicable laws and regulations, including but not limited to those relating to labor and employment, equal employment opportunity, and employment eligibility requirements;

• (ii) your content, including but not limited to any claim involving infringement or misappropriation of third-party rights and/or the use, development, design, manufacture, production, advertising, promotion and/or marketing of your content;

• (iii) any action arising out of or related to a job listing, response to a job listing, or any communications and actions resulting therefrom;

• (iv) your violation of any term or condition of our policies, notices, and agreements, including without limitation, your representations and warranties; or

• (v) your negligence or willful misconduct.

Discrimination and Accessibility
The vendor will not discriminate (in regard to recruitment for, enrollment in, attendance at, participation in, or completion of a classroom course) against any individual on the basis of gender, religion, race, nationality, disability or sexual preference. When applicable, the vendor will organize and operate each classroom course in a manner that assures that:

• (i) the facility or facilities used provide adequate instructional space, restrooms, and common areas for the number of individuals expected to be involved in the activity;

• (ii) the facility or facilities used have adequate environmental controls to provide effective heating, air conditioning, and air handling, as necessary, and appropriate to maintain participant comfort and safety;

• (iii) the facility or facilities used provide adequate and appropriate access for individuals with disabilities;

• (iv) the facility is designed and configured to provide an effective instructional environment for the activity to be presented; and

• (v) the procedures used in and supervision of the activity are adequate and appropriate to provide a reasonable level of personal safety for all individuals involved in the activity.

Outstanding Balances
Envisage may obtain payment of any amounts owed to members or us by deducting from future payments owed to vendor, reversing any credits to vendor, charging vendor's credit card, or seeking such reimbursement from vendor by any other lawful means. You authorize us to use any or all of the foregoing methods to seek payment, including the debiting of your credit card and/or bank account.

Vendor Termination
Either party may terminate its future rights and obligations for any reason or no reason at all by closing your Marketplace account. Upon termination, each party remains liable for all fees, charges and any other obligations incurred through the date of termination. If a vendor account is closed or a course is deleted:

• (i) vendor's classroom course(s) scheduled to begin thereafter and/or online course(s) shall be automatically removed from the Marketplace, but all pre-existing classroom course registrations shall remain active;

• (ii) any license to an online course, or any course included in a course bundle subscription, purchased by a customer prior to vendor's termination or course removal shall remain accessible to those customers until such license expires; and

• (iii) Envisage may maintain copies of vendor's online courses, course registration data, sales data, and any information related thereto in its systems indefinitely for purposes of satisfying existing customer licenses, providing legally defensible records, and all other lawful purposes not inconsistent with FirstForward's terms and conditions.

Member Termination
Either party may terminate its future rights and obligations for any reason or no reason at all by closing your Marketplace account. Upon termination, each party remains liable for all fees, charges and any other obligations incurred through the date of termination. Upon the termination of your account, some of your information will be removed from our database. However, to maintain legally defensible records or otherwise support the website, certain records may be maintained after your identity is obfuscated. Furthermore, please note that, if you have acted on behalf of an organization to create records (e.g., courses, job postings, policy documents, exposure/incident records), or have otherwise shared information with that organization, the termination of your individual account may only obfuscate your identity from such records on FirstForward, and not necessarily remove the underlying records.

DMCA Notifications
If you are a copyright owner or an agent thereof and believe that any content on FirstForward infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C. 512(c)(3)) to our Designated Agent at:

• Gerry Roberts
  101 W. Kirkwood Ave., Suite 200
  Bloomington, IN 47404
  800-505-5467
  help@firstforward.com
  

Notice
All notices from you to Envisage shall be in writing and shall be deemed to be delivered when received by certified mail, postage prepaid, return receipt requested, or when sent by e-mail confirmed by call back. All notices shall be directed to:

• Envisage Technologies, LLC
  101 W. Kirkwood Ave. Suite 200
  Bloomington, IN 47404

or to such other addresses as FirstForward, from time to time, designates by notice to you.

Except as otherwise set forth herein, notices made by Envisage to you under this agreement that affect our customers generally (e.g., notices of updated fees, etc.) will be posted on FirstForward.com. Notices directed to you or your account specifically (e.g., notices of breach and/or termination) will be sent to the e-mail address you provide upon registration for the Marketplace or in any updated e-mail address you provide thereafter. It is your responsibility to keep your e-mail address current. You will be deemed to have received any e-mail sent to that address, upon FirstForward's sending of the e-mail, whether or not you actually receive or open it.

Best Pricing
If any other customer or vendor obtains aggregate pricing and/or rebate terms with respect to any product or vendor which is more favorable (taking into account all credits, discounts, rebates, adjustments, bonuses, allowances or any other incentives offered) than those terms provided to FirstForward at any time during the term of this agreement, vendor will retroactively adjust the pricing and/or rebate terms for each such product or service to conform to the more favorable terms and vendor shall promptly pay Envisage any amounts owing therefrom.

Agency
Nothing in the posted job listings, policies, notices, or agreements creates any partnership, joint venture, agency, franchise, sales representative, employment relationship, or similar arrangement between you and Envisage. Neither you nor Envisage has the right or power to act for or on behalf of the other or to bind the other in any respect not expressly granted herein.

Taxes
You agree to be responsible for and pay all sales, use, service, income or other taxes of any governmental authority (other than taxes on Envisage's net income), however levied, including interest and penalties thereon, if any, arising from or relating to sales of content on the Marketplace. Envisage is not responsible for collecting, reporting, or remitting any sales, use, or similar taxes arising from any transaction, except to the extent Envisage expressly agrees to collect taxes or other transaction-based charges.

Limits on Liability
Neither Envisage nor its affiliates will be liable to you if Envisage does not proceed with a transaction, disbursement, or adjustment that would exceed any limit established by us or our affiliates for a security reason. Neither Envisage nor its affiliates shall be liable to you 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 losses in connection with this agreement, including, without limitation, any such damages resulting from:

• (i) the use or the inability to use the services;

• (ii) the cost of procurement of substitute services; or

• (iii) unauthorized access to or alteration of vendor's content.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some or all of the above exclusions or limitations may not apply to you, and you may have additional rights.

Audit
Throughout the term of this agreement and for up to three calendar years thereafter, a vendor shall have the right, at its own expense and on thirty days advance written notice to Envisage, to have its auditors examine records for the sole purpose of certifying the accuracy of reports, determining the amount of payments due to it and/or verifying sales of its content, during the term of this agreement, to FirstForward's members.

Envisage shall have the right to cause such inspection and audit of its records by each vendor to occur not more than once during any twelve-month period. In the event such auditing of the records indicates any underpayment to vendor, Envisage shall pay vendor the additional amount due pursuant to the audit. Vendor shall pay all costs and expenses of Envisage associated with such audit.

Severability
If any provision of FirstForward's posted policies, notices, or agreements are determined to be illegal or unenforceable, then such provision(s) will be enforced to the maximum extent possible and the other provisions will remain fully effective and enforceable.

Waiver
The failure by Envisage to enforce any provision of its posted policies, notices, and agreements shall in no way be construed to be a present or future waiver of such provision nor in any way affect its right to enforce such provision thereafter. All waivers by Envisage must be in writing to be effective.

Completeness
The posted policies, notices, and agreements on FirstForward supersede and cancel all prior and contemporaneous agreements, claims, representations, and understandings of the parties in connection with the subject matter thereof and services provided herein. Accounts migrated to FirstForward from a third party platform due to merger, sale, or acquisition shall be governed by solely these terms of service thereafter to the greatest extent permitted by law.

Governing Law
By using the Marketplace, you agree that the law of the State of Indiana, without regard to principles of conflicts of laws, will govern our posted policies, notices, and agreements and any dispute of any sort that might arise between you and Envisage.

Arbitration/Dispute Resolution
If at any time there is any dispute between you and Envisage relating to a posted policy, notice, or agreement, both parties agree to submit such dispute or disagreement to confidential, binding arbitration in Indiana, pursuant to the then-applicable rules of the American Arbitration Association. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of our policies, notices, and agreements as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to:

Envisage Technologies, LLC
101 W. Kirkwood Ave. Suite 200
Bloomington, IN 47404

Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in Monroe County, Indiana or another mutually agreed location. Each party agrees that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

The arbitrator's award in any such proceeding shall be final and binding, and a judgment upon such award may be enforced by any court of competent jurisdiction. The parties irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over each of the parties by the federal and/or state courts in the State of Indiana necessary to enforce such award pursuant to the arbitration. The parties hereby irrevocably waive any and all objections which any party may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts in the State of Indiana and to the laying of venue of any such suit, action or proceeding brought in any such federal or state court in the State of Indiana.

Modification of Terms
We may update these legal notices time to time. If a revision meaningfully alters your rights, we will use reasonable efforts to notify you of these changes. The modified version will be effective fourteen (14) days after we notify you, or upon your next authentication with FirstForward, whichever is earlier.