These User Agreements apply to Forward Flow, LLC Inc. online and mobile sites and apps on which these User Agreements are posted. Our User Agreement is a contract for the Forward Flow, LLC's use of Forward Flow, LLC’s offerings.
Our contact form allows Forward Flow, LLC's team to obtain your contact information for Forward Flow, LLC's team to contact the user about the purchase of Forward Flow, LLC's products or services. Our team will reach out to the user and discuss options including payment methods, subscription terms, and products purchased.
You agree that by clicking "Sign Up", "Get Started", or registering, accessing, or using Forward Flow, LLC's offerings, as defined below, you are entering into a legally binding agreement. If you do not agree to this Agreement, do NOT click "Sign Up", "Get Started" (or similar), and do not access or otherwise use any of Forward Flow, LLC's offerings.
We reserve the right, in Forward Flow, LLC's sole discretion, to modify or replace any of these User Agreements or change, suspend, limit, or discontinue the offerings (including, without limitation, the availability of any feature, database, or content) at any time. If Forward Flow, LLC's organization deems any modification or update to these User Agreements are material, Forward Flow, LLC's organization will post a notice on the Site or send the user notice by another appropriate means of electronic communication. It is your responsibility to check these User Agreements periodically for changes. Your continued use of the offerings following posting or notification of any changes to these User Agreements constitutes acceptance of those changes.
The following terms are defined for the purpose of this Agreement:
“Account” - means a registered Forward Flow, LLC user account.
“Add-Ons” - additional Forward Flow, LLC products and services that can be purchased from within the Forward Flow, LLC Platform.
“Agreement” - means these User Agreements and all materials referred to or linked to herein.
“Applicability” - means these User Agreements apply to all Forward Flow, LLC users of the offerings.
"Forward Flow, LLC", "Forward Flow, LLC's organization", "Forward Flow, LLC's team", or "Forward Flow, LLC's" - means Forward Flow, LLC Inc. and any subsidiary Sites.
"Forward Flow, LLC Marketplace" - refers to the section and pages within the Forward Flow, LLC CRM that provide an authorized Member with access to purchase Add-Ons or Third-Party offerings.
"CRM" or "Forward Flow, LLC CRM" - CRM stands for Customer Relationship Management. In the context of Forward Flow, LLC, "CRM" refers to the CRM built, operated, and maintained by Forward Flow, LLC and provided as part of offerings.
“Lead(s)” - means property buyers, sellers, and/or renters and their basic contact information. Potential customers for real estate professionals inquiring about real estate information. Leads may also refer to other contacts recorded in the Forward Flow, LLC platform for the benefit of the Member.
"Members", "Member Account", or "Users" - means registered Forward Flow, LLC users who are authorized to use the subscription service for your benefit and have unique Forward Flow, LLC user identifications and passwords for the subscription service.
"Member platform" - means a real estate Forward Flow, LLC website built and maintained by Forward Flow, LLC as part of offerings offered. Only Members who have purchased a Member platform will have access to one.
“Member Content” - any content provided by a Member for use within the Forward Flow, LLC offerings.
"MLS" - means multiple listing service (MLS), which is a database established by cooperating real estate brokers to provide data about properties for sale and or for rent. "Personal Information" - information that identifies an individual and is associated with a specific person.
“Platform” - means the Forward Flow, LLC user interface the user utilizes to access Forward Flow, LLC offerings.
“Real Estate platform” - a Forward Flow, LLC website utilized by real estate professionals for the purpose of engaging and servicing real estate Leads. In the context of Forward Flow, LLC, “Real Estate platform” refers to a Forward Flow, LLC website built, operated, and maintained by Forward Flow, LLC and provided as part of offerings.
“offerings” - Forward Flow, LLC’s products and services provided to authorized Member accounts.
“Sites” - are online and mobile sites and apps operated by Forward Flow, LLC Inc. along with Forward Flow, LLC's affiliates including Geographic Farming, LLC ("GeoFarm") and subsidiary sites including Forward Flow, LLC.me and Forward Flow, LLCroi.com.
“Subscription Agreement” - the contractual agreement between Forward Flow, LLC and Members that defines offerings to be provided, their cost, and the duration of the agreement.
“Subscription” - refers to the access provided by Forward Flow, LLC to Members based on the terms of the Subscription Agreement.
"Third-Party Sites", "Third-Party offerings", "Third Party Sites", or "Third Party offerings" - means third-party websites and services linked to within the offerings.
“Visitors” - means unregistered or non-registered Forward Flow, LLC users.
"You", "your", or "Customer" - means the person or entity using the offerings and identified in the applicable account record, billing statement, online subscription process, or contact form as the customer.
To utilize certain offerings, the user will be required to register for an account. You must provide accurate and complete information and keep your Account information updated.
You are solely responsible for the activity that occurs on your Account and for keeping your Account password secure. You may never use another person’s user account or registration information for the offerings. You must notify Forward Flow, LLC's team immediately of any change in your eligibility to use the offerings, any breach of security, or any unauthorized use of your Account. You should never publish, distribute, or post login information for your Account.
More information regarding the privacy of your account can be found in Forward Flow, LLC’s Data Protection Guidelines.
You must provide accurate and complete information when registering your Member Account and using the offerings, to which you are the sole and exclusive rights holder. You represent and warrant that:
you are at least eighteen (18) years of age and that you have the right, authority, and capacity to enter into, perform your obligations under, and abide by these User Agreements. If you are under the age of 18, you may not, under any circumstances or for any reason, use the offerings;
you are not (a) a resident of (nor will you use the offerings in) any country that the U.S. government has imposed embargo sanctions for use of the offerings, (b) named on the U.S. Treasury Department's list of Specially Designated Nationals or any other applicable trade sanctioning regulations;
you will fully comply with all applicable laws and agreements which govern your use of the offerings.
You acknowledge and agree that Forward Flow, LLC's organization shall determine the means, manner, and method for performing the offerings, including those regarding the hosting, transmission, publication and/or display of any Member platforms and/or Member Content (including the inclusion and presentation of any advertisements or other commercial content with respect thereto).
When accessing Forward Flow, LLC's offerings, you undertake and agree NOT to:
Copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble any of the Sites, the offerings (or any part thereof), any content offered by Forward Flow, LLC's team or Third Party offerings for use and display within Member platforms ("Licensed Content") except as expressly permitted under this Agreement;
Publish and/or make any use of the offerings or Licensed Content on any website, media, network or system other than those provided by Forward Flow, LLC's team, and/or frame, "deep link", "page scrape", mirror and/or create a browser or border environment around any of the offerings, Licensed Content and/or Member platform (or any part thereof);
Use any "robot", "spider" or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the offerings (or any of its data), or in any way reproduce or circumvent the navigational structure or presentation of any of the offerings to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the offerings;
Purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Forward Flow, LLC's name or Forward Flow, LLC's Marks and/or variations and misspellings thereof;
Impersonate any person or entity or provide false information on the offerings and/or Member platform, whether directly or indirectly, or otherwise disguise your identity or the origin of any message or transmittal you send to Forward Flow, LLC's team and/or any of Forward Flow, LLC's other Visitors or Members;
Falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that Forward Flow, LLC's organization or any third party endorses you, your Member platform, your business, your products or services, or any statement you make;
Reverse look-up, trace, or seek to trace another Member of offerings, or otherwise interfere with or violate any other Member's right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the offerings and/or Member platform without their express and informed consent;
Disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the offerings, Member platform, the account of another Member or any other systems or networks connected to the offerings, by hacking, password mining, or other illegitimate or prohibited means;
Probe, scan, or test the vulnerability of the offerings or any network connected to the offerings;
Upload to the offerings and/or Member platform or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
Take any action that may impose an unreasonable or disproportionately large load on the infrastructure of the offerings or Forward Flow, LLC's systems or networks connected to the offerings, or otherwise interfere with or disrupt the operation of any of the offerings, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
Interfere or attempt to interfere with the proper working of the offerings or any activities conducted in connection with the offerings;
Use any of the offerings and/or Member platform in connection with any form of spam, unsolicited mail, fraud, scam, phishing, "chain letters", "pyramid schemes" or similar conduct, or otherwise engage in unethical marketing or advertising;
Sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or offerings, except as expressly permitted by this Agreement;
Remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of Forward Flow, LLC's licensors, including copyright mark [©] or trademarks [® or ™] contained in or accompanying the offerings and/or Licensed Content;
Infringe any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity or violates any law or contractual duty;
Recruit, solicit, or encourage any other user to use third party services or websites that are competitive to Forward Flow, LLC's;
Copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations.
Use the offerings for any purpose that is prohibited by these User Agreements. You are responsible for all of your activity in connection with the offerings.
You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you may result in the immediate termination of your Member Account and/or any offerings provided to you, with or without further notice to you, and without any refund of amounts paid on account of any such offerings.
ACCEPTABLE EMAIL & COMMUNICATION POLICY. Forward Flow, LLC prohibits the use of any provided offerings being involved in or utilized for Unsolicited Commercial Email (“UCE” or “spam”). You understand and agree to the following:
Due to a zero-tolerance policy against spam, Forward Flow, LLC reserves the right to pause and/or disable email communication tools available in the provided offerings should it be determined that spam content is being sent.
Prior to importing an existing list of contacts/leads, you must ensure that those on the list are expecting to hear from you and your organization.
Regardless of origin/source, the Member is responsible to maintain records/evidence/proof that all individuals in their database have agreed or opted-in to receive communication from the Member or their organization. Forward Flow, LLC can request evidence showing that the Member is compliant with opt-in obligations at any time.
All email messages sent via the provided offerings must contain (a) a link for the use of recipients of email communication sent by Members to “unsubscribe” or “opt-out,” (b) a valid physical address for the sender, and (c) a subject line that does not mislead or misrepresent the content of the email or the intentions of the Member sending it. The “unsubscribe” action provided by the offerings is processed immediately.
When applicable, the ability to “re-subscribe” an individual via the provided offerings must only be done with clear records/evidence/proof indicating that the individual re-subscribed at their request.
The “feedback rate” (“complaint rate”) may not exceed the standards maintained by the provided offerings or the email provider tools utilized in the offerings to process (send/receive) email communication. Should the feedback rate exceed the established standards, Forward Flow, LLC reserves the right to pause, disable, or make technological adjustments that will affect email communication tools available to the Member in the provided offerings.
You are encouraged to consult with legal counsel to ensure compliance with local, state, and federal laws.
DO NOT CONTACT. Forward Flow, LLC prohibits the use of any provided offerings being involved in or utilized for call or text (SMS) communication that is not compliant with applicable state, federal, or international laws or regulations. You understand and agree to the following:
Your Compliance Obligations Regarding Telemarketing, Do-Not-Call, and other Laws and Regulations Applicable to Your Use of the offerings: YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES MAY BE SUBJECT TO ONE OR MORE STATE AND FEDERAL LAWS AND REGULATIONS GOVERNING TELEMARKETING ACTIVITIES, INCLUDING LAWS AND REGULATIONS ADMINISTERED BY THE FEDERAL COMMUNICATIONS COMMISSION AND THE FEDERAL TRADE COMMISSION, AS WELL AS STATE ATTORNEYS GENERAL AND OTHER STATE REGULATORS AND REGULATORS IN THE EUROPEAN UNION AND OTHER INTERNATIONAL BODIES. YOU REPRESENT AND WARRANT THAT YOU WILL BE IN COMPLIANCE WITH ALL SUCH LAWS AND REGULATIONS IN YOUR USE OF ANY PART OF THE SERVICES, AND YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE UNDERTAKEN INDEPENDENT EFFORTS TO CONFIRM YOUR COMPLIANCE WITH SUCH LAWS AND REGULATIONS AND HAVE NOT IN ANY WAY RELIED ON ANY COMMUNICATION BY US, WHETHER ORAL OR IN WRITING, REGARDING SUCH COMPLIANCE BY YOU.
You assume all liability and responsibility for operating the offerings according to applicable international, federal, state, provincial, or local laws, regulations, rules, and requirements and any other laws, regulations, rules, and requirements regarding data privacy, telemarketing, recording conversations, consumer protection, the use of automatic telephone dialing systems, text messaging, or e-mail. You are aware that such laws include rules, regulations, and limitations regarding commercial solicitations and/or the making of prerecorded, artificial voice, and autodialed telephonic messages or text messages to homes and businesses without the prior express and/or prior express written consent of the called party. You are aware that such laws also include rules, regulations, and limitations regarding commercial solicitations to homes and businesses that have opted into a state or federal do not call registry. You are also aware that such laws may require you to obtain a license or otherwise register with a government or regulatory body prior to operating the offerings. You acknowledge that you understand that the violation of any such laws may result in significant penalties and other sanctions. You further acknowledge and agree that you should consult with your own counsel, prior to using the offerings, to determine the extent of permissible solicitation activities. You agree to use this product in accordance with all legal requirements. Forward Flow, LLC will not be responsible for any illegal use of its services. You are responsible for all insurance, tax, and license requirements applicable to your use of the offerings.
Do Not Call compliance, including compliance with state DNC laws, is solely the responsibility of you, the Customer. Forward Flow, LLC is not responsible for any customer misuse, intentional or unintentional, of any data provided, including DNC data.
APPROVED ACCOUNT ACCESS. In order for Forward Flow, LLC to provide support for offerings, the Forward Flow, LLC Support Team and others employed within the Forward Flow, LLC organization can be granted permission to access your individual user account via your account preferences. You understand that for Forward Flow, LLC to be able to fully address your questions or concerns, access must be granted to Forward Flow, LLC. If access is not provided, Forward Flow, LLC will be unable to fully-diagnose any potential issues and is not liable for loss of functionality on your account where access enabled. If, for whatever reason, you are unable to grant Forward Flow, LLC permission to access your user account, please send written permission to override via email to the Forward Flow, LLC Support Team ().
Certain Forward Flow, LLC configurations within Forward Flow, LLC's offerings enable account owners and their designated admins with access to log into your individual user account as a member of their account for the purpose of providing support and participating in the configuration of your account. By utilizing Forward Flow, LLC’s offerings, you agree to allow this access if applicable to the configuration options available within your account.
We may, in Forward Flow, LLC's sole discretion, refuse to offer the offerings to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that your use of the offerings under these User Agreements is compliant with all laws, rules, and regulations applicable to you. The right to access the offerings is revoked where use of the offerings is prohibited or to the extent offering, sale or provision of the offerings conflicts with any applicable law, rule, or regulation. Further, unless otherwise mutually agreed in writing, the offerings are offered only for your use and not for the use or benefit of any third party; and in any event, each person receiving the benefit of the offerings must agree to and abide by these User Agreements as a condition to Forward Flow, LLC's obligations.
NON-U.S. USERS. To facilitate Forward Flow, LLC's business practices, your Personal Data will be collected, transferred to, and stored by Forward Flow, LLC's team in the United States. The offerings are controlled and offered by Forward Flow, LLC's team from Forward Flow, LLC's facilities or contracted facilities and server providers in the United States. We make no representations that the offerings are appropriate or available for use in other locations. Those who access or use the offerings from other jurisdictions do so at their own risk and are responsible for ensuring compliance with local laws. By providing information in connection with the offerings, you consent to the transfer of your information to, and storage of your information in, the United States, the laws of which may not be as stringent as the laws of the country in which you reside. Please refer to Forward Flow, LLC’s Data Protection Guidelines for additional details.
FORWARDFLOW’S ADDITIONAL RIGHTS. We also reserve the right, without any obligation, to access, read, preserve, and disclose any information as Forward Flow, LLC's organization reasonably believes is necessary to:
satisfy any applicable law, regulation, legal process or governmental request;
enforce these User Agreements, including investigation of potential violations hereof;
detect, prevent, or otherwise address fraud, security or technical issues;
protect the rights, property or safety of Forward Flow, LLC's team, Forward Flow, LLC's users, and the public.
ACCESSIBILITY. Forward Flow, LLC is committed to ensuring Forward Flow, LLC's offerings are accessible for everyone including those with disabilities. We continue to make every effort to reach the Level AA standards that defined by the Web Content Accessibility Guidelines to improve accessibility for individuals with disabilities. Numerous improvements have been made, some are in progress, and others will continue to be addressed in the future. Forward Flow, LLC commits to continue improving website accessibility on an ongoing basis.
If you, as a Forward Flow, LLC user, need assistance in addressing accessibility requests from site visitors or would like to submit feedback and/or recommendations to make your website more accessible, please send an email to Forward Flow, LLC's Support Team (). We will do our best to produce accessible versions of content to address specific needs.
FORWARDFLOW CRM. Forward Flow, LLC will provide you with the number of Forward Flow, LLC CRM (“Forward Flow, LLC CRM”) instances that is defined in your Subscription Agreement with Forward Flow, LLC. With some Forward Flow, LLC packages, additional Forward Flow, LLC CRM instances can be purchased. The Forward Flow, LLC CRM includes features for capturing, tracking, managing, and nurturing Leads, managing agent activity, contacts, and workflows. Multiple users are assigned individual access to a single instance of the Forward Flow, LLC CRM for the purpose of collaboration.
FORWARDFLOW REAL ESTATE WEBSITES. Forward Flow, LLC will provide you with the number and type of Forward Flow, LLC Real Estate platforms that are defined in your Subscription Agreement with Forward Flow, LLC. Some Forward Flow, LLC packages do not include access to Forward Flow, LLC website features. Forward Flow, LLC Real Estate platforms include features for marketing to, registering, educating, and providing property information from enabled MLS providers to site visitors and Leads.
IDX WEBSITES. Forward Flow, LLC offers IDX platforms that integrate with your MLS provider(s) to provide listing data feeds. You are solely responsible for maintaining all compliance standards. Forward Flow, LLC does not assume any responsibility for inappropriate use of a Forward Flow, LLC IDX platform. Users can be granted admin access to edit websites owned by other users within their organization.
DOMAIN NAME. When building your real estate website on Forward Flow, LLC, you can choose to use a domain name that you already own or, alternatively, you can choose to select a new domain available or purchased through Forward Flow, LLC. Certain domain options require an additional charge subject to Forward Flow, LLC’s then current fee structure. Forward Flow, LLC reserves the right to refuse the use of any domain name that Forward Flow, LLC determines in its discretion is inappropriate, illegal, offensive, or in violation of another party's rights. When configuring your website on Forward Flow, LLC, your website content may exist only temporarily on a Forward Flow, LLC-specific domain during initial setup stages.
MLS IDX/VOW DATA INTEGRATIONS. Forward Flow, LLC will make reasonable efforts to integrate your Multiple Listing Service (MLS) IDX and/or VOW data feed(s) from your respective MLS Board(s) as disclosed during the website setup process and/or in writing to Forward Flow, LLC. Any changes to your MLS membership or brokerage must be submitted in writing to Forward Flow, LLC. You will indemnify, defend, and hold Forward Flow, LLC harmless from any failure by you to obtain or maintain the appropriate licenses for the MLS and/or IDX/VOW account to allow use by Forward Flow, LLC on the platform or, for any unauthorized use by you or users on your account of such MLS data or feeds.
Depending on the MLS(s) connected to your Forward Flow, LLC real estate website, you may be responsible to pay all third-party vendor set-up fees and monthly service fees charged by the MLS/IDX/VOW provider for Forward Flow, LLC to access and maintain MLS data on your Forward Flow, LLC website.
You shall also pay directly all charges from the MLS data provider including costs associated with MLS integration, and other marketing costs associated with the service. In certain geographic areas, Forward Flow, LLC may, at its option, configure multiple unique MLS feeds into a single platform. Multiple MLS feeds are subject to additional charges as determined by Forward Flow, LLC. Forward Flow, LLC will not be liable in the event that the MLS application process is unsuccessful or exceeds the initial timeline established by Forward Flow, LLC.
Forward Flow, LLC will not be liable in the event that the MLS application process is unsuccessful or exceeds the initial timeline established by Forward Flow, LLC.
MANUAL LISTINGS. Certain configurations of Forward Flow, LLC Real Estate platforms support the ability to upload manual listings that are not provided by an MLS/IDX/VOW provider (“Manual Listings”). These can sometimes be referred to as “pocket listings.” You are advised to consult your legal resources prior to publishing Manual Listings to your Forward Flow, LLC Real Estate platform to ensure that doing so does not conflict with your obligations with any memberships, associations, or legal entities that may prohibit their use. Forward Flow, LLC will not be held liable for you publishing Manual Listings that are not permitted in any scenario.
THIRD-PARTY DATA. In certain configurations within the offerings, Forward Flow, LLC Real Estate platforms display data for a geographic location designated in comprehensive plans, ordinances, or other local documents, commonly referred to as a neighborhood (collectively, a “Neighborhood,” or “Neighborhoods”). You acknowledge Neighborhoods are not subject to a generally accepted definition, but are subject to individual interpretation. Also, Neighborhoods as shown on the Member platform are not necessarily "subdivisions" and Neighborhoods are not available for every city in the U.S. You may find deviations between what is shown and what you might personally expect. Neighborhood data may also be unavailable outside of the United States.
You also acknowledge that data availability for certain aspects of pages on your Forward Flow, LLC Real Estate platform may vary depending on what is available from the third-party data source. Examples may include statistical data, pre-populated geographic descriptions and overviews, school data, and multiple other aspects of Forward Flow, LLC Real Estate platform webpages. This data is provided via third-party agreements and datasets and as such, the availability in some scenarios (location, dates, etc.) will vary.
BRANDING AND CONTENT. You warrant that all Branding and Content that you provide and/or implement on your Forward Flow, LLC real estate website will comply with all MLS rules and regulations and all applicable laws.
WEBSITE CUSTOMIZATIONS. As part of the offerings, Forward Flow, LLC provides a custom-built Content Management System (“CMS”) for the configuring of Forward Flow, LLC real estate websites. Certain features allow for authorized users to add custom code to their Real Estate platform for the purpose of tracking, linking to other web services, or changing the visible design. You accept any risks related to the presentation, availability, or functionality of your real estate website associated with the addition of any custom code by you or any third party who you have authorized to do so on your behalf.
If, upon your approval, Forward Flow, LLC has added custom code to your website, you accept that any configurations made are done without warranty and can be affected by changes made via the CMS at a later point and may require adjusting. New product releases published by Forward Flow, LLC within the offerings and related to your website may affect customizations that you have implemented.
WEB, MOBILE, AND TABLET APPS. Forward Flow, LLC offerings can be accessed via desktop or laptop computers using the Forward Flow, LLC Web App (using a supported browser) or via mobile phone or tablet devices using multiple native mobile and tablet apps available to download on Android and Apple app stores (collectively, “Supported Devices”). You acknowledge and understand that features available to utilize Forward Flow, LLC offerings will vary between Supported Devices and that not all features available on one device will always be available on another (e.g. tablet vs. cell phones).
FORWARDFLOW LENDER CRM. The Forward Flow, LLC Lender CRM (“Lender CRM”) is a version of Forward Flow, LLC’s offerings configured for the use by a mortgage lender as the intended user. Lender CRM access can be established via the Platform but is not available to all packages. You understand that The Lender CRM is not the same as the Forward Flow, LLC CRM and therefore there will be functionality differences between them.
LOCATION. You accept that there may be limitations to functionality within provided offerings due to unavailable data or support for specific locations.
UPDATES AND EARLY ACCESS. Forward Flow, LLC reserves the right to update, modify, and upgrade the Platform and offerings in its sole discretion during the term of this Agreement. Such modifications or updates may include new or modified functionality or removal of functions.
We may make certain features available to some users before they are published to all users (“Early Access Features”, “Beta Features”, “Whitelist Features”). Early Access Features are occasionally provided for the purpose of testing functionality, documenting feedback and engagement, and ensuring an ideal launch takes place for those features. Should you request to participate or be selected directly by Forward Flow, LLC for Early Access Features, you understand that Forward Flow, LLC reserves the right to update, modify, or remove access at any time. You also understand that when using these features, you may experience outages, unavailability, or system bugs and are encouraged to report such cases to Forward Flow, LLC Support () for the improvement of said features. Forward Flow, LLC provides no warranty and will not be liable for the unavailability, loss of business, or other negative results due to the use of Early Access Features.
ADD-ON PRODUCTS AND SERVICES. Forward Flow, LLC offers optional add-on products and services that can be added to your Subscription (collectively, “Add-Ons”) directly via the Platform and in the Forward Flow, LLC Marketplace. These services will be added to your subscription only when included in the package you are purchasing or when added via the Forward Flow, LLC Marketplace. These Add-Ons may require the payment of additional charges by you in order to access their functions and features. You will be billed according to the terms of each product or service displayed to you at the time of purchase.
Forward Flow, LLC offers optional lead generation marketing and management services that may be selected by you. These marketing functions such as lead generation, Listing Blast and management services, etc. made available by Forward Flow, LLC on the Platform may require the payment of additional charges by you. You will be billed accordingly in order for such functionality to be used. The Lead(s) captured is/are the result of your paid campaigns that collected contact information for potential customer(s) who showed interest in buying, renting, or selling homes by engaging with the advertising campaigns that Forward Flow, LLC activated on your behalf. For lead generation, Forward Flow, LLC will create and develop your online advertising campaign on the Facebook Ads Platform, Google Ads Platform, and/or other marketing channels, help you with your image/video design, generate keyword combinations, etc. for your website and listings, and curate specific ad copy based on your business and location. Forward Flow, LLC will also manage your online advertising campaign by assessing your ad position, audience, scheduling, bidding, etc.
LEAD GENERATION ADS. Lead generation digital marketing ad campaigns are configured and managed by the Forward Flow, LLC Digital Marketing Team on multiple search and social media platforms with the objective of capturing Lead(s) who have shown interest in the real estate market (“Lead Generation”).
Listing Blast. The Listing Blast are self-purchased Facebook ads and are created by you via your own CRM. These ads are designed to promote a real estate property within the real estate/home marketing category and are not designed to capture Lead(s) as a primary objective. Currently, Forward Flow, LLC’s Listing Blast are only available on Facebook while Instagram is available only by manual request.
BOOST ADS. Forward Flow, LLC Social Studio Pro includes optional Boost Ads services that may be selected by you to promote your Facebook post as a paid promotion.
DIRECT MAIL SERVICES. Direct mail services are available for lead generation and marketing. Forward Flow, LLC may change the direct mail services offered at its sole discretion from time to time. Forward Flow, LLC may offer a la carte direct mail services and products that will be billed at Forward Flow, LLC's then current rates for such products and services. You will be responsible for any increase in the cost of postage by the United States Postal Service (the "USPS") for direct mail services and the fees charged by Forward Flow, LLC for such services shall be adjusted by the amount of any increase as of the effective date of the increase. You understand and acknowledge that there is an expected amount of "kickback" with direct mail services and that ten percent or more of the mailings may be undeliverable. Forward Flow, LLC shall have no responsibility for returns from the USPS and you shall not be entitled to any refund or credit for returns. Direct Mail offerings are not available in Canada.
You acknowledge that the Leads are not guaranteed to be qualified or engaged customers and the information that Forward Flow, LLC’s Marketing offerings collects is based on individual user behavior and subject to collecting said information. We suggest the Members contact the leads as soon as possible to obtain the most effective results. Forward Flow, LLC shall not be responsible for any results arising therefrom, including (but not limited to) whether you can turn the Lead into a valuable customer.
By purchasing and utilizing Forward Flow, LLC’s Marketing offerings on a specific advertising platform such as the , , , , and/or Tiktok Platform, you acknowledge and accept the Terms of Service of the corresponding advertising platform provider(s).
When utilizing Listing Blast directly to market your real estate listings or Boost Ads via the Forward Flow, LLC Platform on Facebook and related services, you must ensure that any images, videos, and/or other content for these ads are related to real estate and appropriate for all appropriate audiences. If the images, videos, and/or other content that you upload are considered to be related to alcohol, adult content, and or anything not firmly considered to be part of the real estate/home category, they may be removed. Forward Flow, LLC reserves the right to (but is not responsible for) editing any posts that may not utilize images, video, and/or other content not appropriate to the platform providers’ terms for the real estate/home category.
If you promote the product(s) with the incorrect category that Facebook Ads Platforms disapproved for Housing, your ads might be edited or deleted by Forward Flow, LLC without your permission and you will not be issued a refund.
It is your responsibility to ensure that you have the necessary permission to promote or create marketing material with listings from your MLS/VOW/IDX. Certain listing data organizations implement specific rules on what can and cannot be marketed. You understand that you must learn and abide by these rules prior to using any marketing features within Forward Flow, LLC. Forward Flow, LLC will not be liable for the misuse of any listing data.
AD BUDGET AND MANAGEMENT FEES. You will provide a monetary advertising budget ("Ad Budget"), and hereby appoint and authorize Forward Flow, LLC as an agent to procure advertising on your behalf utilizing this Ad Budget. In addition to the Ad Budget, you will pay Forward Flow, LLC a management fee (“Management Fee”) to be determined by Forward Flow, LLC based upon the type of marketing service and Ad Budget. Forward Flow, LLC reserves the right to raise or lower the Management Fee at any time. Forward Flow, LLC will notify you of such a change which will go into effect as of the next billing cycle. Minimum Ad Budget amounts may be required in order to run different types of Lead Generation campaigns and these amounts are subject to change at any time at the discretion of Forward Flow, LLC. The Management Fee and Ad Budget are both non-transferable and non-refundable.
MARKETING SERVICES RENEWAL. Forward Flow, LLC renews your order on the first day of each month ("Billing Cycle"), and charges you the Ad Budget and the Management Fee. You may change, pause, or cancel the order before the next Billing Cycle by notifying Forward Flow, LLC Support or your Forward Flow, LLC Digital Marketing Analyst at least seven (7) business days prior to the next Billing Cycle. Otherwise, Forward Flow, LLC will continue to use the same settings to operate and optimize your advertising without further notice.
PRORATION. In certain scenarios, Forward Flow, LLC will process your Billing Cycle using a prorated billing method for the initial bill if starting a campaign in a month that has already begun. This is calculated by taking the total monthly Ad Budget, dividing it by the total days in the current month, and then multiplying this by the number of days remaining in the current month ("Proration"). By prorating, this will allow for a similar daily amount to be billed (and therefore utilized for advertising) within the current month Billing Cycle and future month Billing Cycles. Future billing will resume on the first of every month at the full amount and will not be prorated. The Management Fee will not be prorated and will always be billed at the amount defined in this Agreement.
ADS OPERATING DURATION. For Lead Generation ads, Forward Flow, LLC offers ongoing subscription plans. If you require a specific plan duration, you may contact your Digital Marketing Analyst for professional advice and to discuss the details or the duration. Forward Flow, LLC will continue your subscription until you request a change or to cancel, unless otherwise specified. When you successfully subscribe to Lead Generation Ads, Forward Flow, LLC will assume that you are aware of and accept the duration of ads as defined herein.
CANCELLATION AND REFUNDS. When you request that your Forward Flow, LLC Marketing offerings to be canceled, Forward Flow, LLC will not refund the remaining account budget nor stop your ads. Instead, the Ad Budget will be utilized to continue to run your ads until it is depleted. If the ad spending exceeds the budget subsequent to cancellation, you will not be responsible for paying any overspending cost or the Management Fee related specifically to what was overspent.
By accessing and using the Forward Flow, LLC AI Assistant (“AI Assistant”), you understand and agree to all related terms and conditions outlined below and in related parts of this entire Agreement.
Free Trial. On certain occasions, Forward Flow, LLC will offer the AI Assistant to be available to users on a free trial basis. The duration of the free trial will be specified upon initiating its functionality for your account. Your continued use of the AI Assistant upon completion of the free trial indicates your approval to process recurring billing for the following billing dates.
The AI Assistant will be available in different packages (“AI Packages”) whose functionality will vary depending on the option selected and purchased.
Forward Flow, LLC services will incur charges for all calls, texts, group texts, MMS, and other related services. Users must maintain a minimum credit of $50, with automatic reloads triggered when the balance reaches a designated threshold. Detailed pricing information is available on Forward Flow, LLC’s pricing sheet. No bundled call or text packages are offered; all usage is billed as per the platform’s standard rates.
• Forward Flow, LLC offers a pay-as-you-go model for calls and texts. Specific features may have associated costs or limitations based on their technical requirements. Billing is based on call duration and the number of texts sent, as outlined in the pricing sheet.
• No predefined call or text packages are available. Users are charged for usage according to the applicable rates.
• Account owners, designated admins, and team members can monitor usage within the platform. Monthly reports summarize the total number of calls and texts processed.
• If a detailed statement is required or if you need assistance with upgrading or modifying services, contact Forward Flow, LLC Support at support@forward-flow.com.
• A virtual number is required for call and text services. Forward Flow, LLC offers virtual numbers for personal use (“Personal Virtual Number”) or shared account use (“Company Virtual Number”), with additional monthly fees as applicable.
• To port an existing number, contact Forward Flow, LLC Support. While Forward Flow, LLC will make reasonable efforts to facilitate porting, timelines and outcomes are not guaranteed.
• Usage limits are in place to ensure compliance with telecom standards and prevent virtual numbers from being flagged as spam or fraudulent.
• Unlimited call or text plans, where available, may incur overage fees, as outlined in the pricing details. Users are responsible for ensuring their usage adheres to platform guidelines to avoid additional costs or potential disruptions.
• Forward Flow, LLC utilizes Call/Text Vendors to route communications through major telecom networks. While Forward Flow, LLC ensures prompt routing to the network, final delivery depends on the carriers and network constraints, and delivery times cannot be guaranteed.
• Communications that cannot be delivered within their designated “lifetime” may be discarded by carriers without notice. Forward Flow, LLC assumes no liability for undelivered communications or related damages.
• Forward Flow, LLC reserves the right to terminate services immediately if misuse, including fraudulent activity, is suspected. In such cases, Forward Flow, LLC may notify relevant law enforcement agencies, Call/Text Vendors, or other parties as necessary.
• offerings may also be terminated without cause upon 30 days’ notice. Forward Flow, LLC is not liable for damages resulting from termination or discontinuation of services.
• Users must comply with all applicable laws, including but not limited to the Telephone Consumer Protection Act (TCPA), Telemarketing Sales Rule, and CAN-SPAM Act.
• Non-compliance may result in substantial fines, for which Forward Flow, LLC assumes no liability. Legal compliance is the sole responsibility of the user. Telecom regulations evolve; consult a legal expert or compliance provider for guidance.
This streamlined document emphasizes Forward Flow, LLC’s pay-as-you-go model, eliminates mention of bundled packages, and maintains clarity on compliance, termination rights, and usage responsibilities. Let me know if additional changes are required!
RESPONSIBLE USE. You agree to abide by the following responsible use requirements in connection with your access to and use of any call package or text package licensed within the Forward Flow, LLC platform or Forward Flow, LLC Marketplace:
You shall familiarize yourself with all laws, rules, and regulations governing your calling and texting.
You shall follow all laws, rules, and regulations governing your calling or texting.
You shall provide legal contact information in any outbound campaign within the initial greeting message and, if the calls are monitored or recorded, to provide adequate notification within the initial greeting message.
You shall provide your own sound files for all outbound campaigns.
You shall responsibly dial each campaign with courtesy and in compliance with all applicable laws, rules and regulations.
You shall not send any calls to life-line services, such as hospitals, fire, police, 911, or utility related telephone numbers.
You shall not send any sales outbound broadcasts to recipients that have not consented to receiving such a broadcast.
You shall use opt-out features made available to you via Forward Flow, LLC.
By accessing training or coaching content provided by Forward Flow, LLC and made available to enroll in such programs via the Forward Flow, LLC Marketplace (collectively, “Premium Coaching/Training”), you agree to not sublicense or otherwise distribute access or content from this Premium Coaching/Training.
AI-GENERATED CONTENT. If available in your access to offerings, AI-generated content must be used according to the following terms:
Accuracy and Compliance: The accuracy and reliability of the generated content cannot be guaranteed. Users are responsible for verifying the accuracy of the generated materials and ensuring compliance with applicable laws, regulations, and industry standards.
User Conduct: Users shall not use the feature to generate content that infringes upon the rights of others, including intellectual property rights, privacy rights, or defamatory content. Any such use may result in termination of user access.
Data Privacy: User data collected during the use of the feature is subject to Forward Flow, LLC's privacy policy, which outlines how we handle and protect user data. By using the feature, users consent to the collection, use, and sharing of their data in accordance with Forward Flow, LLC's privacy policy.
Disclaimer of Liability: Forward Flow, LLC shall not be liable for any damages or losses arising from the use of the generated content. Users assume all risks associated with their use of the feature.
Termination and Modification: Forward Flow, LLC reserves the right to modify or terminate the feature at any time, without prior notice. In the event of termination, user access to the feature may be discontinued. Refunds, if applicable, will be governed by Forward Flow, LLC's refund policy.
All Forward Flow, LLC clients will have access to contact the Forward Flow, LLC Support Team via phone (1-719-639-3932), email (), and chat (only available via the web app platform). Users will also have access to Forward Flow, LLC’s Help Center, videos, and user guides. Forward Flow, LLC may change the support services offered at its sole discretion from time to time and may offer certain support/training services at additional fees.
The use of certain offerings may be subject to payment of particular fees, as determined by us in our sole discretion ("Fees"). We will provide notice of such Fees then in effect in relation to such offerings prior to charging any amount to your payment method on file. If you wish to receive or use such offerings, you are required to pay all applicable Fees in advance or, as required by specific offerings, in arrears. We reserve the right to change our Fees at any time, upon notice to you if such change may affect your existing subscriptions, except where a term agreement has been made between you and us.
CURRENCY. All Fees are in U.S. Dollars, except as specifically stated otherwise in writing by us. All Fees shall be paid in U.S. Dollars.
TAXES. To the extent permitted by law (and unless specified otherwise by us in writing), all Fees are exclusive of all taxes (including value added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities ("Taxes"), and you shall be responsible for payment of all applicable Taxes relating to your use of the offerings, or to any payments or purchases made by you. If we are obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction.
ACCOUNT ACTIVATION FEE. An “Account Activation Fee” is due at the time of account setup and is non-refundable. This fee is used to cover a variety of services including (but not limited to) account setup and creation, training and help resources, and support.
MLS FEE. When not already included in your platform fee, you as the client may be responsible to pay an “MLS Fee” to us used for managing MLS documentation, processing applications, and cover MLS vendor fees. Multiple MLS feeds are subject to additional charges as determined by us at the then current pricing structure and as communicated to you at the time of addition.
CONTRACT DURATION. You hereby agree to abide by the duration of the contract stated in your Subscription Agreement. Renewal and Cancellation policies are outlined separately below.
PAYMENT COLLECTIONS. As part of registering or submitting information to receive offerings, you also authorize us (either directly or through our affiliates, subsidiaries, or other third parties) to request and collect payment (or otherwise charge, refund, or take any other billing actions) from your payment provider or your designated banking account, and to make any inquiries we or our subsidiaries or affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company). When you receive a charge on your payment method for your Forward Flow, LLC Subscription, it will show as being from Forward Flow, LLC Inc.
INVOICING. Should you require an invoice or credit memo, we and/or our subsidiary or affiliated companies can assist you by issuing an Invoice for any payment of Fees or refund made to or by us ("Invoice"). Each Invoice will be issued in electronic form and based on the country stated in your billing address and will be made available to you via your Member Account and/or by email. For the purpose of issuing the Invoice, you may be required to furnish certain personal information in order to comply with local laws. Please note that the Invoice presented in your Member Account may be inadequate with your local law requirements, and in such case, may be used for pro forma purposes only.
AUTOMATIC RENEWAL. To ensure that you do not experience any interruption or loss of services due to the lapse of any particular subscription period, the offerings operate with automatic renewal, on a recurring-fees basis (except where explicitly stated otherwise by us in writing). We will automatically renew the applicable offerings according to the scenario listed here based on your Subscription Agreement type which will be one of the following:
Monthly Agreement. Your offerings will be automatically renewed for another calendar month after the current month has ended. You will be automatically charged the applicable Fees using the payment method you have on file with us. At the end of each term, this Agreement shall automatically renew unless terminated by either party in writing before the next Billing Cycle prior to the expiration of the then-current term.
Contract Agreement. Regardless of the initial contract duration, your offerings will be auto-renewed for a one-year period at 12:00.01 a.m. on the day after the contract end date unless terminated by either party in writing at least ninety (90) calendar days prior to the contract end date.
You will be automatically charged the applicable Fees using the payment method you have on file with us. At the end of each term, this Agreement shall automatically renew unless terminated by either party in writing before the next Billing Cycle prior to the expiration of the then-current term. If you received a discount or other promotional offer, we shall have the right to automatically and without notice renew your subscription to such offerings at the full applicable Fee.
Notwithstanding anything to the contrary in the foregoing, you are and shall be solely responsible for verifying and ensuring the successful renewal of the offerings you use (whether or not such offerings are subject to automatic subscription renewals).
In the event of a failed payment, we may use automated communication tools, including AI-powered calls, text messages, and emails, to notify you and attempt to resolve the issue. These communications are intended to provide timely reminders, offer assistance in resolving payment failures, and facilitate the collection of overdue amounts.
By using our services, you acknowledge and consent to the use of these automated tools for the purpose of addressing failed payments.
CANCELLATION AND FAILURE TO COMPLY. Failure to comply with any material term of this Agreement or failure to pay any Fee when due under this Agreement may result in suspension of access (until full payment is made) or cancellation of your Member Account (or certain features thereof) and the provision of any related offerings or Third Party offerings to you.
You may discontinue use and request to cancel your Member Account or any offerings at any time by contacting the Forward Flow, LLC Support Team (). You shall be solely responsible for the discontinuation of any offerings purchased by you. Purchased offerings, including those purchased on or through the offerings and Add-Ons, are non-refundable. There will be no refunds or credits for Account Activation Fees, partial months of service, upgrading/downgrading, or unused months. You may cancel your Account and offerings according to the terms that correspond to the contract length agreed upon in your Subscription Agreement. These terms are as follows:
Monthly Agreement. You may request to cancel at any time. You will be billed one more full monthly fee prior to Cancellation and then your account and the accounts of any other users on it will be scheduled for deactivation on the last day of the month following the current month regardless of when Cancelled.
Contract Agreement. When canceling an agreement with a defined contract duration, you will be required to pay the remaining contract value upon cancellation. If fees were paid in advance (prepaid) in accordance with a contract, no refunds will be made available by us. Such Contract Agreement may be terminated by either party without cause when written notice is provided at least ninety (90) calendar days prior to the contract end date.
You shall be solely responsible with respect to the discontinuation of any offerings previously purchased by you, including due to a cancellation, failure to pay the applicable recurring Fees including due to failure of your payment method on file to accept the recurring charge, or due to any offerings not being subject to automatic subscription renewals. You acknowledge and agree that you shall not have any claims against us in relation to the discontinuation of any offerings or Third Party offerings, for whatever reason.
CHARGEBACKS. If, at any time, you contact your bank or credit card company and decline, chargeback or otherwise reject the charge of any payable Fees (collectively, a "Chargeback"), this will constitute a breach of your payment obligations hereunder, your use of the offerings may be automatically terminated, your Member Account may be blocked and any data contained in such Member Account may be subject to cancellation and Capacity Loss (as defined in this Agreement). If you have any questions or concerns regarding a payment made to us, we encourage you to first contact our Support Team at before filing a Chargeback with your financial institution.
SERVICE PROVIDER PAYMENT. You acknowledge and agree that we may, as an accommodation and convenience to you, accept payment of the charges provided for herein from your mortgage lender(s) or other service provider(s) (each a "Service Provider"). Notwithstanding such accommodation, you expressly agree that you shall remain solely liable for prompt payment of all charges and expenses and that we shall have the right to cease providing such accommodation and to bill you directly at any time upon prior notice. You are solely responsible for enlisting the services of a Service Provider and for all use of the Platform by such Service Provider under your account. You represent and warrant that you and any such Service Provider shall be in compliance and shall continue to comply with all applicable laws related to your payment and shared services arrangement with the Service Provider. We shall have no liability for any and all arrangements between you and the Service Provider which impact the progress or results of our services to you. We shall have no responsibility for any agreements, arrangements, or liabilities that occur between you and the Service Provider.
Should we fail to receive payment from the Service Provider, you will pay the full amount due. Both you and the Service Provider will be notified via email. You will be able to re-invite the Service Provider and the Service Provider will not be charged for the previous payment failure. Upon the Service Provider’s confirmation and receipt of updated payment information, the Service Provider’s next payment will be charged when you are next billed by us.
The agreed percentage cost allocation you and the Service Provider must be in accordance with all applicable laws and regulations including any relevant obligations that might apply to either you or the Service Provider. Note that for Section 8 of the Real Estate Settlement Procedures Act, 12 USC § 2607, (“RESPA”), compliance by you and the Service Provider regarding a cost allocation percentage should be based upon relative benefits and value to be received by each party from the Service during co-marketing.
CHARGES FOR NEW FEATURES. Features of the Forward Flow, LLC CRM and Forward Flow, LLC Real Estate platform and other offerings may change from time to time and we reserve the right to charge for new features that may be included in future CRM releases. We may change, suspend, or terminate any of the offerings (or any features thereof, or prices thereof), at any time and in any manner. Such changes may become effective upon notice to you (and in any event, not in a retroactive manner - except as required otherwise by law). If any such changes involve the payment of additional Fees, we will provide you with a notice of such Fees prior to enabling such specific changes. If you fail or refuse to pay such Fees, we may cancel your Member Account, continue to support your then-current offerings without enabling such changes, or provide you with alternative offerings.
PAYMENT FOR TECH RESOURCES. In certain scenarios, and only with prior written agreement by both you and us, we may commit to developing temporary technology solutions (“Manual Tech Solutions”) to address your individual requests to perform actions such as transfer or copy website content, apply mass actions to records within the offerings, or accomplish other miscellaneous tasks as needs may arise. These scenarios are treated as individual requests and addressed on a case-by-case basis. We reserve the right to (a) deny requests regardless of the circumstances, (b) charge a customization fee to you for building and implementing a one-off solution, and (c) provide and adjust timelines for any agreed-upon work based on resource availability.
You represent and warrant that you own all rights in and to any content provided by you, including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works, listing/rental/sales information, and any other materials ("Content," and for such Content provided by you, "Member Content"), or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the Member Content, as necessary to legally use, publish, transfer, or license any and all rights and interests in and to such Member Content, whether publicly posted or privately transmitted.
The following standards apply to any and all Member Content. You must ensure that all Member Content posted by you complies with all applicable laws and regulations. Without limiting the foregoing, you must not post Member Content that:
infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity or violates any law or contractual duty;
is unlawful, threatening, discriminatory, hateful, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, or profane;
promotes bigotry, racism, hatred, or harm against any individual or group; or is
otherwise inappropriate as determined by us in our sole discretion;
contains software viruses or any other disabling computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment, or to damage or obtain unauthorized access to any system, data, password, or other information of ours or of any third party;
impersonates, bullies, stalks, or intimidates any person or entity, including any of our employees or representatives, or falsifies or misrepresents yourself or your personal information; or
includes any confidential information, violates the rights of others (including, without limitation, the rights of publicity and privacy and rights under a contract), or otherwise contains any material that could give rise to any civil or criminal liability under applicable laws or regulations, or that otherwise may be in conflict with these User Agreements.
MEMBER CONTENT LICENSE GRANT. As between us and you, you shall own all intellectual property pertaining to your Member Content.
By submitting Member Content through the offerings, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable, and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the Member Content in connection with the offerings and our (including successors’ and assigns’) businesses, including, without limitation, for promoting and redistributing part or all of the offerings (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your Account or the offerings. You also hereby do and shall grant each user of the offerings a non-exclusive, perpetual license to access your Member Content through the offerings. For clarity, the foregoing license grants to us and our users do not affect your other ownership or license rights in your Member Content, including the right to grant additional licenses to your Member Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including, without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
INTELLECTUAL PROPERTY RIGHTS. You acknowledge and agree that all right, title, and interest in and to the offerings, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, the "look and feel" of the offerings, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, "Intellectual Property"), and any derivations thereof, are owned by or licensed to us.
The names, logos, product and service names, designs, slogans, and other trademarks associated with the offerings are ours and those of our licensors. You must not use any of the foregoing without our written permission prior to use. All other names, logos, product and service names, designs, slogans, and other trademarks used in connection with the offerings are the trademarks of their respective owners.
COPYRIGHTS. The offerings may contain Content specifically provided by us, our partners, or our users, and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the offerings.
Subject to your full compliance with this Agreement and timely payment of all applicable Fees, we hereby grant you, upon creating your Member Account and for as long as we provide you with the offerings, a non-exclusive, non-transferable, non-sub-licensable, fully revocable, limited license to use the offerings and Licensed Content, for the purpose of accessing and using the offerings and generating and displaying your Member platform, solely as expressly permitted under the terms of this Agreement, and solely within the offerings. Any use of the offerings not expressly permitted by these User Agreements is a breach of these User Agreements and may violate copyright, trademark, or other laws.
LEAD OWNERSHIP. All Lead data belongs to you as the user and will not be shared with or be accessible to us except for authorized support purpose. Your Lead data will remain only in your instance of the platform and will only be transferred when a manual account transfer to another Forward Flow, LLC instance has been requested and approved by you. We will never distribute or share your Lead data unless requested to do so.
Forward Flow, LLC Account Owners decide whether Hidden Leads are appropriate for the users in their account. They can delegate the ability to hide leads using their Permission Settings. All leads designated within an account database as Hidden Leads will only be visible to the user who has added them, and any other users they have assigned to that lead.
ACCOUNT TRANSFER PROCESS. An individual user on a Forward Flow, LLC account may coordinate with us to create a new and independent Forward Flow, LLC account at any time. Any Personal Leads, private email, text templates, or other settings that belong to that user can be transferred from the source account to the destination account without the need for additional approval from the account owner. However, if the user also desires to transfer other account-level content that is not Hidden or Personal and belonging only to their individual login, approval must be obtained by the source account owner prior to transfer taking place. This process can be coordinated with the Forward Flow, LLC Support Team.
TRANSLATION SERVICES. Certain built-in Forward Flow, LLC offerings allow for the translation of Member Content and default Forward Flow, LLC content within the Forward Flow, LLC CRM and Forward Flow, LLC Real Estate platforms. This content can be translated by automated integrations managed by us or by manual input by you as the user. By utilizing these translation tools and services, you agree that we are not liable for translation accuracy or loss of business due to original or translated content.
If your Member Account or any offerings or Third Party offerings related to your Member Account are canceled, such Cancellation may cause or result in the loss of certain content, features, or capacity of your Member Account, including any Member Content, visitor or user data or other usage data retained therein, and including any domain name reservation or registration that was included in such offerings (collectively, "Capacity Loss"). You agree, understand and acknowledge that we shall have no liability or responsibility for any Capacity Loss.
Within ninety (90) calendar days after the date of termination of the offerings and payment in full of all outstanding fees, we will, after submission of a written request by you, provide you with access to download all exportable data (“CRM Data”) from your instance of the Forward Flow, LLC CRM. We shall have no obligation to maintain or provide any CRM Data and we reserve the right to delete CRM Data ninety (90) calendar days after the date of termination of the offerings.
If CRM Data is deleted from your account either intentionally or unintentionally by an authorized admin user within your account, we shall have no obligation to restore this data to its previous state. In addition, where we may make attempts to assist in restoring deleted or lost CRM Data, no specific timeline for this process will be guaranteed.
The offerings may enable you to engage and procure certain third party services and tools for enhancing your Member platform and your overall user experience, including domain registrars from which you may purchase a domain name for your Member platform, third party applications and widgets offered via the Site(s), third party Licensed Content, media distribution services, third party designers who may assist you with your Member platform, etc. (collectively, "Third Party offerings"). We shall have no liability or responsibility for any Third Party offerings. We reserve the right, at any time and in our sole discretion, to suspend, disable access to or remove from your Member Account, Member platform(s) and/or the offerings, any Third-Party offerings without any liability to you or to any of your visitors or users.
Our offerings may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that we shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
We are pledged to the letter and spirit of United States policy for the achievement of equal housing opportunity. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, or national origin. We endeavor to treat all parties fairly and honestly and to support equal housing opportunities. We encourage our users to do so as well.
We respect the intellectual property rights of others, and act in accordance with our interpretation of the Digital Millennium Copyright Act ("DMCA"). If you believe that your work has been copied or was otherwise used in a way that constitutes copyright infringement, you may notify Customer Support of such infringement by phone at 1 (719) 639-3932 or by email using support@forward-flow.com
If we receive notice regarding a copyright infringement related to your Member Account or Member platform, we may cancel your Member Account, take your Member platform down or remove any Content in our sole discretion, with or without prior notice to you. In such a case, you may file an appropriate counter-notice in accordance with Section 512 of the .
We may terminate your access to all or any part of the offerings at any time, with or without cause, with or without notice, and effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your Account, you may do so according to the terms outlined in this Agreement by following the instructions outlined on the Site or through the offerings. All provisions of these User Agreements which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability, and arbitration.
For information about Forward Flow, LLC’s data protection practices, please read our Data Protection Guidelines which is hereby incorporated into this Agreement. This policy explains how we treat your personal information when you access and utilize Forward Flow, LLC’s offerings.
These User Agreements incorporate the Forward Flow, LLC Data Processing Agreement (“DPA”), when the GDPR applies to your use of Forward Flow, LLC’s offerings to process Customer Data (as defined in the DPA). The DPA is effective as of 25 May 2018 and replaces and supersedes any previously agreed data processing addendum between you and us relating to the Directive 95/46/EC.
These User Agreements incorporate the UK GDPR Addendum when the UK GDPR applies to your use of Forward Flow, LLC’s offerings to process UK Customer Data (as defined in the UK GDPR Addendum).
These User Agreements incorporate the Standard Contractual Clauses between controllers and processors approved by the European Commission Implementing Decision (EU) 2021/914 of 4 June 2021 (the “SCCs”). The SCCs will only apply when: (i) the GDPR applies to your use of Forward Flow, LLC’s offerings to process Customer Data; and (ii) Customer Data is transferred either directly or via onward transfer, to a country outside of the European Economic Area not recognized by the European Commission as providing an adequate level of protection for personal data subject to GDPR (together a “Data Transfer”). When you are a controller (as defined in the GDPR), the Controller-to-Processor Clauses will apply to a Data Transfer.
These User Agreements incorporate the Forward Flow, LLC Inc. CCPA Terms, when the CCPA applies to your use of the Forward Flow, LLC Inc. offerings to process Personal Information (as defined in the Data Protection Guidelines).
You agree to indemnify, defend, and hold harmless Forward Flow, LLC, their affiliates, and their respective directors, officers, employees, and agents from any and all third-party claims, actions, demands, investigations, expenses (including reasonable attorney’s fees and costs), losses or liabilities incurred by or asserted against Forward Flow, LLC or any of its indemnitees due to or arising out of: (a) your access to or use of the offerings; (b) your breach of these User Agreements; (c) your violation of any law, rule, or regulation applicable to you; (d) any dispute between you and any third party; (e) any User Materials you upload to, or otherwise make available through, the offerings; (f) your willful misconduct; and (g) any other party’s access to or use of the offerings (i) using your account and password or (ii) resulting from your failure to maintain appropriate security protocols related to your account with us. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in that case, you agree to cooperate with our defense of that claim.
We provide the Sites and the offerings on an "as is," "where is," "with all faults", and "as available" basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, and non-infringement. We specifically do not represent or warrant that the Sites or offerings (or any part, feature or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your visitors or users) contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your visitors or users or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Notwithstanding anything to the contrary contained herein, under no circumstances may we be considered as a "publisher" of any Member Content, and we do not in any way endorse any Member Content or assume any liability for any Member Content uploaded, posted, published and/or made available by any Member or any other party on and/or through the offerings. You acknowledge that (1) there are risks in using the offerings and/or connecting and/or dealing with any Third-Party offerings in connection with offerings, (2) we cannot and do not guarantee any specific outcomes from such use and/or interactions, and (3) you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions.
We shall have no liability or responsibility of any kind or nature whatsoever for compliance with RESPA including, but not limited to, Section 8 of RESPA or any regulations adopted under RESPA with respect to any joint use agreement, marketing service agreement or other similar agreement or arrangement whereby two or more Users share the cost of and right to access and use the Sites and offerings. Each User that enters into any joint use agreement, marketing service agreement or other similar agreement, specifically acknowledges and agrees that such User is responsible for compliance with RESPA and the regulations adopted thereunder. Each User further acknowledges that, in accessing and using the Sites and Service on a shared basis, such User is not relying upon any representations or warranties made by us or any of our affiliates that such shared use complies with RESPA and we expressly disclaim any and all such representations or warranties.
LIABILITY LIMITS. In no event shall we, our affiliates and each of our and their respective employees, contractors, directors, suppliers, licensors, and representatives, be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to the services for any lost profits, data loss, cost of procurement of substitute goods, accommodations, rights or services, or special, indirect, incidental, punitive, compensatory, or consequential damages of any kind whatsoever, substitute goods or services (however arising), or for any direct damages in excess of (in the aggregate) the lesser of (a) fees paid to us for the particular services during the immediately previous three (3) month period or (b) $100.00.
ACKNOWLEDGEMENT. You specifically acknowledge that we shall not be liable for (i) user Content, (ii) the defamatory, offensive, or illegal conduct of any third party, or (iii) the condition, legality, or suitability of any property, and that the risk of harm or damage from the foregoing rests solely and entirely with you.
RELEASES. You shall and hereby do release us from all liability for you having acquired or not acquired housing through the offerings. You hereby release us and our directors, officers, employees, agents, subsidiaries, Affiliates, successors, predecessors, assigns, heirs, service providers, insurers, investors, attorneys, advisors, and suppliers from all claims, demands, and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to Content accessed through the offerings, or any interactions with others arising out of or related thereto, and you expressly waive the provisions of any local law, which provides in substance: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him might have materially affected his settlement with the debtor,” and all similar code provisions in any jurisdiction.
We shall have no liability or responsibility of any kind or nature whatsoever for compliance with RESPA, any other section of RESPA or any regulations adopted thereunder with respect to any joint use agreement, marketing service agreement or other similar agreement or arrangement whereby two or more Users share the cost of and right to access and use the Sites and offerings. Each User that enters into any joint use agreement, marketing service agreement or other similar agreement, specifically acknowledges and agrees that such User