Terms of Service & Privacy Policy2018-11-05T21:47:47+00:00

 

Terms and Conditions of Service

1. About the Application

1.1. Welcome to Forca the (“Application”, “App”). The Application provides a platform for Health and Fitness Services (the “Services”).

1.2. The Application is offered by Flog Labs LLC. Access to and use of the Application, or any of its associated Products or Services, if provided by Flog Labs LLC. Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the Forca Mobile Application. Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Services. If you do not agree with the Terms, you must cease usage of the Application, or any of its Services, immediately.

1.3. Flog Labs LLC reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Flog Labs LLC updates the Terms, it will use reasonable endeavors to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

2.1. You accept the Terms by using or browsing the Application. You may also accept the Terms by clicking to accept or agree to the Terms where this options is made available to you by Flog Labs LLC in the user interface.

3. Content

3.1. Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”, “Communication Service”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

3.2. The App may contain galleries for blogs, chat areas, forums, comments and rankings, contests, communities, calendars, and/or other message or communication facilities designed to enable you and others to communicate with Forca, the App and other users of the App. Where the App seeks your submissions, you acknowledge that your submissions may be or become available to others. You agree to use the Content only for your personal use in connection with your personal information and enjoyment of the App. You agree only to post, send and receive messages and materials that are proper and related to the particular Content. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

      • Use the App or the Content for any purpose or make any other actions in violation of local, state, national, or international laws or regulations.
      • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
      • Take any action that imposes an unreasonable or disproportionately large load on the App’s infrastructure or otherwise in a manner that may adversely affect the performance of the App or restrict or inhibit any other user from using and enjoying the Communication Services or the App.
      • Use the app for unauthorized framing of or linking to, or access via automated devices, bots, agents, scraping, scripts, intelligent search or any similar means of access to the Content or any other materials or information available from the App.
      • Aggregate, copy, duplicate, publish or make available to third parties outside the App in any manner any of the content or any other materials or information available from the App.
      • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
      • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
      • Upload or download files that contain software or other material protected by intellectual property laws or other laws, unless you own or control the rights thereto or have received all necessary consents.
      • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
      • Use the app to make available unsolicited advertising or promotional materials, spam, pyramid schemes, chain letters, or similar forms of unauthorized advertising or solicitations.
      • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
      • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
      • Engage in any other action that, in the judgement of Forca, exposes it or any third party to potential liability or detriment of any type.

3.3. By posting Content on or through the Service, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights to terminate the account of anyone found to be infringing on a copyright.

3.4. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Services. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

3.5. Flog Labs LLC has the right but not the obligation to monitor and edit all Content provided by users.

3.6. You understand that by using the App, you may be exposed to User Materials that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or exposure to any User Materials posted by others. You further acknowledge and agree that you will not rely on any Content available on or through the App.

4. Your obligations as a Member

4.1. As part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

      • Email
      • First and Last Name
      • Preferences

4.2. You warrant that any information you give to Flog Labs LLC in the course of completing the registration process will always be accurate, correct and up to date.

4.3. Once you have completed the registration process, you will be a registered member of the Application (“Member”) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Services from the time you have completed the registration process.

4.4. You may not use the Services and may not accept the Terms if:

  • you are not of legal age to form a binding contract with Flog Labs LLC; or
  • you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are a resident or from which you use the Services.

4.5. As a Member, you agree to comply with the following:

  • you will use the Services only for purposes that are permitted by: (i) the Terms; and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
  • you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
  • any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Flog Labs LLC of any unauthorized use of your password or email address or any breach of security of which you have become aware;
  • access and use of the Application is limited, non-transferable and allows for the sole use of the Application by you for the purposes of Flog Labs LLC providing the Services;
  • you will not use the Services or the Application in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of Flog Labs LLC;
  • you will not use the Services or Application for any illegal and/or unauthorized use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Application;
  • you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Application without notice and may result in termination of the Services. Appropriate legal action will be taken by Flog Labs LLC for any illegal or unauthorized use of the Application; and
  • you acknowledge and agree that any automated use of the Application or its Services is prohibited.

4.6. You may not use a username of the name of another person or entity, or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a user name any name that is offensive, vulgar or obscene.

5. Auto-renewable Subscription to use the Services

5.1. In order to access One-on-One Features of the Services, you must first purchase an auto-renewable subscription through the Application (the “Subscription”) and pay the applicable fee for the selected Subscription (the “Subscription Fee”). Where the option is given to you, you may make payment of the Subscription Fee by way of In-App Purchase (“In-App Purchase”).

5.2. We reserve the right to vary the fees charged for your subscription-based Products from time to time. If fees are varied through the exercise of this right, then we will inform you of any such variation and provide you with one month’s notice of any such change.

5.3. If you do not agree to this variation, you may cancel your subscription within 14 days of the changes coming into effect; you agree that this will be your only remedy with regards to a variation of our subscription charges. If you do not choose to cancel your subscription within 14 days of the change coming into effect, you will be deemed to have accepted the variation.

5.4. In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.

5.5. Payment will be charged to your iTunes Account at confirmation of purchase. Your Subscription will automatically renew unless auto-renew is turned off at least 24-hours before the end of the current period.

5.6. Your account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of renewal. Subscriptions may be managed by you, and auto-renewal may be turned off within your Account Settings after purchase.

5.7. Any unused portion of a free trial period, if offered, will be forfeited when you purchase Subscription, where applicable.

5.8. You must notify Forca of any change to your Payment Method. If you do not notify us of any such change, then Forca will assume that the details of your Payment Method remain correct and will continue to bill any fees or charges relating to your subscription to your nominated Payment Method.

5.9. Subscription fees will apply regardless of whether or not you use your subscription.

5.10. Subscriptions will rollover to a full-priced monthly membership at the end of all promotional trials, discounts, offers or coupons unless the subscription is canceled before the end of the promotional period. The following month’s fees will be charged to your nominated payment method. Rollover subscriptions will continue month to month until terminated.

6. Refund Policy

6.1. Flog Labs LLC will only provide you with a refund of the Subscription Fee in the event Flog Labs LLC is unable to continue to provide the Service or if the manager of Flog Labs LLC makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances.

7. Copyright and Intellectual Property

7.1. The Application, the Services and all of the related products of Flog Labs LLC are subject to copyright. The material on the Application is protected by copyright under the laws of the United States and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Application (including but not limited to text, graphics, logos, button icons, video images, audio clips, Application, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Flog Labs or its contributors.

7.2. All trademarks, service marks and trade names are owned, registered and/or licensed by Flog Labs LLC, who grants to you a worldwide, non-exclusive, royalty-free, revocable license while you are a Member to:

  • use the Application pursuant to the Terms;
  • copy and store the Application and the material contained in the Application in your device”s cache memory;
  • print pages from the Application for your own personal and non-commercial use.

Flog Labs LLC does not grant you any other rights whatsoever in relation to the Application or the Services. All other rights are expressly reserved by Flog Labs LLC.

7.3. Flog Labs LLC retains all rights, titles, and interest in and to the Application and all related Services. Nothing you do on or in relation to the Application will transfer any;

  • business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright, or
  • a right to use or exploit a business name, trade name, domain name, trademark or industrial design, or
  • a thing, system or process that is the subject of a patent, registered design or copyright (or an adaption or modification of such a thing, system or process), to you.

7.4. You may not, without the prior written permission of Flog Labs LLC and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Application which are freely available for reuse or are in the public domain.

8. Privacy

8.1. Flog Labs LLC takes your privacy seriously, and any information provided through your use of the Application and/or Services are subject to Flog Labs LLC Privacy Policy; which is available at http://forca.life/fitness/terms-and-conditions-of-service 

9. General Disclaimer

9.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law.

9.2.Subject to this clause, and to the extent permitted by law:

  • all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
  • Flog Labs LLC will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

9.3. Use of the Application and the Services is at your own risk. Everything on the Application and the Services are provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Flog Labs LL make any express or implied representation, or warranty about the Service or any products or Services (including the products or Services of Flog Labs LLC) referred to on the Application. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

  • failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful components, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorized access to records;
  • the accuracy, suitability or currency of any information on the Application, the Services, or any of its Services related products (including third party material and advertisements on the Application);
  • costs incurred as a result of you using the Application, the Service or any of the products of Flog Labs LLC; and
  • the Services or operation in respect to links which are provided for your convenience.

9.4. We strongly recommend that you consult with your doctor before beginning any dietary or exercise program particularly if you have a personal or family history of high blood pressure, heart disease, chest pain, smoking, high cholesterol, obesity, bone or joint problems or if you are pregnant.

9.5. Fitness

      • If you have any concerns or questions regarding your health, you should always contact your doctor. If you experience faintness, dizziness, pain or shortness of breath at any time you must stop the physical activity immediately and contact your doctor before resuming.
      • The content of our Store is not intended to replace or be a substitute for professional medical advice diagnosis or treatment. All content of our Site has been created for information purposes only.
      • You must be in good physical condition before using any of our Products whether tangible or intangible.
      • Before using our products you acknowledge and agree that by participating in physical activity there exists the possibility of physical injury. If you engage in any exercise in connection with any of our Products, you agree that you do so at your own risk. 

9.6. Subject to any rights granted by United States Consumer Law, you agree to discharge Forca of all liability for any and all claims and causes of injury including for any and all injury, loss or damage of whatsoever nature including; personal injury, data or loss of income to the extent permitted by the law of the State where negligent or otherwise.

10. No Medical Advice Provided

10.1. THE INFORMATION PROVIDED ON THIS APP AND IN ANY OTHER COMMUNICATIONS FROM OR PROVIDED THROUGH FORCA IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTH CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE APP. DO NO USE THE SERVICE FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, PLEASE CALL 911. YOUR USE OF INFORMATION PROVIDED ON THE SITE AND THROUGH THE SERVICE IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE OR PROVIDED OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE.

10.2. NO DOCTOR-PATIENT RELATIONSHIP, OR OTHER HEALTH CARE PROFESSIONAL-PATIENT RELATIONSHIP IS CREATED BY USING INFORMATION PROVIDED BY OR THROUGH THE USE OF THE APP OR THROUGH ANY OTHER COMMUNICATIONS FROM FORCA. IN NO EVENT SHALL FORCA BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE TO ANY INFORMATION ON THE APP.

11. Competitors

11.1. If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Flog Labs LLC. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, Flog Labs LLC will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.

12. Limitation of liability

12.1. Flog Labs LLC”s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

12.2. You expressly understand and agree that Flog Labs LLC, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however, caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

13. Termination of Contract

13.1. The Terms will continue to apply until terminated by either you or by Flog Labs LLC as set out below.

13.2. If you want to terminate the Terms, you may do so by:

  • not renewing the Subscription prior to the end of the Subscription Period;
  • providing Flog Labs LLC with seven days” notice of your intention to terminate; and
  • closing your accounts for all of the services which you use, where Flog Labs LLC has made this option available to you
  • the Services or operation in respect to links which are provided for your convenience.

Your notice should be sent, in writing, to Flog Labs LLC via the “Contact Us” link on our homepage.

13.3. Flog Labs LLC may at any time, terminate the Terms with you if:

  • you do not renew the Subscription at the end of the Subscription Period;
  • you have breached any provision of the Terms or intend to breach any provision;
  • Flog Labs LLC is required to do so by law;
  • the provision of the Services to you by Flog Labs LLC is, in the opinion of Flog Labs LLC, no longer commercially viable.

13.4. Subject to local applicable laws, Flog Labs LLC reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Application or the Services without notice if you breach any provisions of the Terms or any applicable law or if your conduct impacts Flog Labs LLC”s name or reputation or violates the rights of those of another party.

14. Indemnity

14.1. You agree to indemnify Flog Labs LLC, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

  • all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
  • any direct or indirect consequences of you accessing, using or transacting on the Application or attempt to do so; and/or
  • any breach of the Terms.

15. Dispute Resolution

15.1. Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sough).

15.2. Notice: A party to the Terms claiming a dispute (“Dispute”) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

15.3. resolution: On receipt of that notice (“Notice”) by that other party, the parties to the Terms (“Parties”) must:

  • within 30 days of the Notice endeavor in good faith to resolve the dispute expeditiously by negotiation or such other means upon which they may mutually agree;
  • if for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon the selection of a mediator or request that an appropriate mediator be appointed;
  • the Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
  • the mediation will be held in Harris County, Texas, United States.

15.4. Confidential: All communication concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

15.5. Termination of Mediation: If three months have elapsed after the start of a mediation of the dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation, and the mediator must do so.

16. Venue and Jurisdiction

16.1. There Services offered by Flog Labs LLC is intended to be viewed by residents of the United States. In the event of any dispute arising out of or in relation to the Application, you agree that the exclusive venue for resolving any dispute shall be in the courts of Harris County, Texas, United States.

17. Governing Law

17.1 These Terms shall be governed and construed in accordance with the laws of Texas, United States, with regard to its conflict of law provisions.

17.2. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

18. Independent Legal Advice

18.1. Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

19. Severance

19.1 If any party to these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that party shall be served, and the rest of the Terms shall remain in force.

 

1. Privacy Policy

1.1. Our Privacy Policy explains our practices relating to the collection, use and disclosure of information, including information, which we may collect from time to time. Forca is committed to ensuring that your information is stored safely and responsibly. We are committed to complying with privacy laws, which apply to us.

1.2. By visiting this App and purchasing products of the Company, you acknowledge and agree to this our Privacy Policy, our Terms and Conditions, and Disclaimers.

2. Contacting Us

2.1. You may contact us at any time for details regarding this policy. For any questions concerning your account or your personal information or cookies, please contact [email protected]

3. Collection of Information

3.1. We will collect personal information which you provide to us including your name, address, postal address, email address, details of the products you have purchased, any additional information you provide to us through the use of our App, customer number and telephone number.

3.2. This information is collected in a number of ways including through the account creation process, online forms, order placement when you interact with our customer service or participate in marketing or surveys. We also collect information when you chose to make comments, account settings, preferences, ratings and so on.

3.3. We may also collect data from other sources, which may not always be obvious such as through the use of “cookies.” We may also gather information from both online and offline data providers. This information could include Internet browsing behavior, demographic data or interest-based data.

3.4. Where you provide us with information about a third party, you must have the consent of that third party before providing us with that information. By providing us with information regarding a third party, you warrant that you have their permission to provide that information to us.

3.5. We do no collect and we are not responsible for the collection or security of payment details.

3.6. Payment information is processed and stored using a third party company. This company can be contacted at www.apple.com.  Before entering your personal details we suggest that you read and become familiar with the privacy policy for any third party company.

4. Why do we collect this information?

4.1. The personal information you provide will be used to ensure Products are delivered to you and to provide offers, information and our Products to you. We also use this information to improve and enhance our services and marketing efforts.

4.2. You have the right to inspect your personal information. You always have the right to request that Forca delete or correct the information held about you. If you wish to alter, access or remove or complain about a breach of the APP, please contact us at [email protected].

4.3. When you browse our store, we also automatically receive your computer’s Internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system. We may also collect data regarding device IDs or identifiers, connection information, device software, statistics of page views, ad data, referral URLs and IP data.

4.4. We use this data to determine your general geographic location so that we may provide location specific content to you.

4.5. We may use your information to assist in responding to complaints and queries.

4.6. We may also investigate any possible breach of our Conditions including fraud or illegal activities, with the use of your personal information.

4.7. Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates. If we ask for your personal information for a secondary purpose such as marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no. If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us at [email protected].

4.8. Your personal information will not be shared, sold, rented or disclosed other than as described in this Privacy Policy.

5. Disclosure

5.1. We may collect, hold, use and disclose your information for purposes which are within reasonable expectations or where permitted by law, enforce applicable terms of use or protect against infringements to the rights, property of Forca, our other Customers and the public.

5.2. We may share your information with companies and employees within the Forca group including for customer support, service improvement, development, processing, and storage or providing access to our Products.

5.3. We may disclose personal information collected for purposes which are incidental to the sale and promotion of Products to you.

5.4. We use the companies, contractors or agents to provide services to you including delivery, marketing, communications, legal services, debt collection, administration services, customer services, information technology providers, credit and or other Payment Methods to conducts transactions. The third parties to whom we disclose personal information may be located within or outside the United States.

6. Third-Party Services

6.1. In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.

6.2. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.

6.3. In particular, remember that certain providers may be located in or have facilities that are located outside of the United States on foreign servers. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

6.4. As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.

6.5. Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

7. Third Party Websites

7.1. When you click on links, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements and terms and conditions prior to finalizing any transaction.

8. Security

8.1. To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

8.2. We will sue our best endeavors to ensure that safety of your personal information. However, we cannot guarantee that our systems will not be compromised or interfered with by any third party. You acknowledge that by providing us with your personal information, you do so at your own risk.

9. Cookies

9.1. Forca uses cookies in accordance with the Electronic Communication Act. A cookie is a small text file stored on your computer that contains information that helps the website to identify and track the visitor. Cookies do no harm to your computer, consist only of text, cannot contain viruses and occupies virtually no space on your hard drive. There are two types of cookies: “Session Cookies” and cookies that are saved permanently on your computer.

9.2. The first type of cookie commonly used is “Session Cookie” is never stored permanently on your computer and disappears when you close your browser.

9.3. The second type of cookie saves a file permanently on your computer. This type of cookie is used to track how visitors move around on the website. This is only used to offer visitors better services and support. The text files can be deleted. On this website, we use this type of cookie to keep track of your shopping cart and to keep statistics of our visitors. The information stored on your computer is only a unique number, without any connection to personal information.

10. Cookies

10.1. To opt-out of cookies, you can alter the settings on your Internet browser to accept or reject a website from using cookies. This may affect the functionality of the website.

10.2. Some third parties may use cookies and other technologies. We recommend that you read their privacy policies or policies relating to the use of cookies and technology.

11. Marketing

11.1. Forca has implemented remarketing, Google display, network impression reporting, DoubleClick manager integration, and Google analytics demographic and interests reporting. Using the Ads setting in Google you may opt out of Google analytics for display advertising and customize Google display network ads.

11.2. Forca reserves the right to use remarketing with Google analytics to advertise online. Third-party vendors, including Google, may show you our ads on sites across the Internet. Forca and third-party vendors, including Google, use first-party cookies (such as Google analytics cookie) and third-party cookies (such as DoubleClick cookie) together to inform, optimize, and serve ads based on users past visits to our website.

12. Changes to this Privacy Policy

12.1. We reserve the right to modify this Privacy Policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect how we use it, and under what circumstances, if any, we use and/or disclose it.

12.2. If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

13. Questions and Contact Information

13.1. If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at [email protected]