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Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING ANY FRONTRUNNER ENTERPRISES LLC WEBSITE AND/OR THE FRONTRUNNER ENTERPRISES LLC MOBILE APPLICATION (TOGETHER, OR INDIVIDUALLY, THE “SERVICE”) WHICH ARE OWNED, OPERATED, AND MAINTAINED BY FRONTRUNNER ENTERPRISERS LLC. BY CLICKING “ACCEPTED AND AGREED TO,” CUSTOMER AGREES TO THESE TERMS AND CONDITIONS.

1. TERMS OF USE

FrontRunner Enterprises LLC (“FrontRunner”), licenses and permits you to use the FrontRunner Performance Management and Compensation Software (“FrontRunner System”). The FrontRunner System is hereinafter collectively referred to as the “System” under the terms and conditions set forth below.

These Terms of Service constitute an agreement (this “Agreement”) between FrontRunner Enterprises LLC and you (“Customer”), a visitor or user of the Service, including but not limited to any company and/or independent agent you represent (collectively, “you” and “your”). This Agreement is effective as of the date Customer clicks “Accepted and Agreed To” (the “Effective Date”). Customer’s use of and Provider’s provision of FRONTRUNNER are governed by this Agreement.

EACH PARTY ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS, AND THAT THE PERSON AGREEING ON ITS BEHALF HAS BEEN AUTHORIZED TO DO SO. THE PERSON EXECUTING THIS AGREEMENT ON CUSTOMER’S BEHALF REPRESENTS THAT HE OR SHE HAS THE AUTHORITY TO BIND CUSTOMER TO THESE TERMS AND CONDITIONS.

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 Service. By accessing or using the Service, you agree to comply with and be bound by these Terms. If you disagree with any part of these Terms, then you do not have our permission to access the Service and must immediately discontinue access and/or use.

2. LICENSE

Subject to the terms and conditions of this Agreement, FrontRunner grants you a limited, revocable, non-transferable and nonexclusive license to access and use the System in accordance with these Terms of Use. Your rights hereunder are not sub-licensable and are granted solely for your use. The license granted hereby does not include any right to any source code for any of the software in the System. We retain ownership of the Service, including, without limitation any instance of the Service or Customizable Content that you may download and install onto a device. You grant us the right to allow the Service to use processing and storage capabilities on any device that you use to access the Service, or onto which you install an instance of the Service.

3. THE SERVICE/SYSTEM

The FrontRunner System utilizes proprietary technology to allow multiple users, as well as authorized team members, to simultaneously track the following: hours worked, paid time off, activities, production, goals, and bonus/commission programs through a Software as a Service (SaaS) System. From time to time, FrontRunner may, but is under no obligation to, offer additional functionality, products or services to its website/service and may resell FrontRunner partner products and services. Those additional or resold products or services are subject to these same Terms of Use and are included in the definition of “System” in these Terms of Use.

This System’s proprietary materials, such as programming code, algorithms, calculations, mathematical formulas, text, photographs, video, graphics, music, sounds or other materials, as well as trademarks, service marks, and trade dress of FrontRunner (hereinafter, the “Proprietary Materials”). All Proprietary Materials on this System (as well as the organization and layout of the System and its output) are owned and copyrighted, licensed by, and used with permission by FrontRunner, its affiliates or its business partners. No reproduction, distribution, or transmission of the copyrighted materials of this System is permitted without the prior written permission of FrontRunner.

The Service and any content provided by us (excluding Content provided by users), including, without limitation all features, functionality, photographs, names, text, titles, phrases, trade names, service marks, logos, wallpaper, icons, characters, page headers, button icons, artwork, images, designs, graphics, pictures, illustrations, video, music, sound, “look and feel,” and all code and scripts in any format used to implement the Service (“Materials”) are and will remain the exclusive property of FrontRunner. The Materials may be protected by copyright, trademark, and other laws of both the United States and foreign countries, and may not be used in a manner outside of the scope of your proper and authorized use of the Service without our prior written consent.

4. PAYMENTS, SUBSCRIPTIONS & CANCELLATION

FrontRunner accepts payment via a valid credit/debit card for recurring monthly subscriptions. Subscription fees are charged monthly on the day of the original purchase date for service starting that month or the following month. We use a third-party payment processor to process all payments made for the Service. More information about our current third-party payment processor is available at stripe.com. You agree to provide accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method so that we can process your payments through our third-party payment processor. By submitting such payment information, you automatically authorize us to charge all fees for your Subscription (“Fees”) incurred through your Account. Because we do not process your payments directly, we cannot guarantee the security of your payment information. However, we use encryption to transmit your payment information to our third-party processor and do not keep or store any copies of your payment information.

Unless terminated by you within a timely manner, you agree that recurring fees will be processed in accordance with this Agreement and you authorize FrontRunner to automatically bill your credit/debit card in accordance with this Agreement for the then-current subscription fees. The prices for renewals may be different than those paid for a prior subscription. FrontRunner shall not be responsible for any expenses you may incur as a result of over-drafting a bank account or exceeding a credit limit as a result of an automatic charge pursuant to this Agreement.

You agree to notify FrontRunner promptly of any changes to your credit/debit card account number, its expiration date and/or your billing address, and you agree to notify FrontRunner promptly if your credit/debit card expires or is canceled for any reason. In the event the credit/debit card information is deemed invalid and another automatic payment option for all recurring charges is not established prior to the charge date, access to the System for all users within said account will be suspended. If your account is suspended for non-payment, it will only be reactivated upon payment, in full, of all past due fees. Your subscription will not be activated or reactivated without prior payment.

Some or all parts of the Service are billed on a subscription basis (“Subscription(s)”).

Subscriptions may be purchased directly from the FrontRunner homepage available at: https://imafrontrunner.com (the “Homepage”). Current subscription rates are available via the Homepage.

In the event your Subscription is cancelled or terminated, we will cease billing you beginning with the following Billing Period. However, we will not refund any payments that we have already received, and we reserve the right to collect any payments owed at the time of any such cancellation or termination.

FrontRunner may terminate or suspend your Account and/or Subscription and prevent access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms.

All applicable sales, use, excise, ad valorem, property, withholding, or value-added taxes are included in the monthly subscription fee charged to each account.

We may, in our sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).

You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by us until the Free Trial has expired. On the last day of the Free Trial period, unless you have cancelled your Subscription no later than one (1) day before, you will be automatically charged the applicable Fees for the type of Subscription you have selected.

At any time and without notice, we reserve the right to (A) modify the terms and conditions of the Free Trial, or (B) cancel such Free Trial.

5. ACCOUNT, PASSWORD, & SECURITY

By creating an Account, you represent, warrant, and guarantee that you are or above the age of 18 years, and that all of the information you provide to us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your Account and Subscription (defined below).

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or Account. As part of the Service, you have the ability to grant access to others. YOU ACCEPT FULL RESPONSIBILITY FOR ANY ACTIONS OR INACTIONS BY PERSONS TO WHOM YOU GRANT ACCESS TO YOUR ACCOUNT, SUBSCRIPTION, AND ANY OTHER COMPONENT OR CONTENT OF THE SERVICE. FURTHERMORE, YOU AGREE TO ACCEPT RESPONSIBILITY FOR ANY AND ALL ACTIVITIES OR ACTIONS THAT OCCUR UNDER YOUR ACCOUNT AND/OR LOGIN CREDENTIALS. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account or the Service. If you do not notify us, we may be prevented from implementing measures to protect the integrity, availability, and confidentiality of the Service for you and other users.

From time-to-time FrontRunner authorized personal may log into the System under your account in order to maintain or improve service, including to assist you with technical or billing issues. You hereby acknowledge and consent to such access.

6. CUSTOMER DATA & PRIVACY

The System allows you to enter certain data for the purpose of obtaining various reports and information created by the System using various proprietary calculations and algorithms. You are solely responsible for the data you enter into the System and its accuracy. FrontRunner is not responsible for, nor guarantees, the integrity, quality, accuracy, truth, ownership or lawfulness of the data or any part thereof. You represent and warrant that:

  1. The entered data does not violate any person’s right of privacy or publicity, nor constitute an improper or unlawful use of any person’s name or likeness.
  2. The entered data does not violate or infringe any person’s intellectual property rights, copyrights, trademarks, service marks, trade names, restricted material, trade secrets or other proprietary rights.
  3. The entered data does not include any highly confidential information or other information protected under the applicable privacy policies of either party or any consumer privacy laws or violate any agreement with any third party.
  4. The entered data does not contain malicious code, including without limitation, worms, Trojan horses, viruses, cancelbots, time bombs, or other computer programs that might damage, intercept, interfere, or expropriate any program, system, other data, or personal information.
  5. The entered data follows the terms, conditions, and compliance practices of your respective company. This especially includes the handling of Personal Information (PI) and Sensitive Personal Information (SPI).

All information provided to FrontRunner is transmitted using SSL (Secure Socket Layer) encryption. SSL is a proven coding system that lets your browser automatically encrypt or scramble data before you send it to us. FrontRunner also protects account information by placing it in a secure location that is only accessible by appropriate FrontRunner personnel. Unfortunately, no data transmission over the internet, software system or website is 100% secure. We cannot guarantee that the System is failsafe or that information is not subject to the interception, alteration, or unauthorized access by third parties. While we take responsible precautions to safeguard the confidentiality of your data, we cannot guarantee the security of any data you provide to FrontRunner or enter into the System. Furthermore, FrontRunner may disclose your data and information as required by law, rule, regulation or court order. FrontRunner shall give you prompt notice of any such legal or governmental demand and reasonably cooperate with you in any effort to seek a protective order or otherwise to contest such required disclosure, at your expense. Please review the FrontRunner Privacy Policy as it governs the handling of such information. By accessing the System you are agreeing to the FrontRunner Privacy Policy.

You hereby grant FrontRunner a worldwide, transferable, nonexclusive, royalty-free license and right to use, modify, store, create derivative works of, and copy any data you provide to FrontRunner or enter into the System, in all media existing now or created in the future, as FrontRunner deems appropriate in its sole discretion. FrontRunner may sublicense the rights granted to it in this section to a third-party subcontractor where FrontRunner deems it necessary or advisable to facilitate FrontRunner’s services. FrontRunner reserves the right to excerpt data, compile data, aggregate data and make minor modifications to the data for technical or marketing reasons.

FrontRunner shall not: (A) access, process, or otherwise use Customer Data other than as necessary to facilitate the Service; or (B) give Customer Data access to any third party, except FrontRunner’s subcontractors that have a need for such access to facilitate the Service and are subject to a reasonable written agreement governing the use and security of Customer Data. Further, FrontRunner: (C) shall exercise reasonable efforts to prevent unauthorized disclosure or exposure of Customer Data; and (D) shall comply with all Privacy/Security Laws that are applicable both specifically to FrontRunner and generally to data processors in the jurisdictions in which FrontRunner does business and operates physical facilities.

Customer recognizes and agrees that FrontRunner may charge additional fees (without limitation) (A) or activities (if any) required by Privacy/Security Laws and (B) for activities Customer requests to help it comply with Privacy/Security Laws.

FrontRunner may permanently erase Customer Data if Customer’s account is delinquent, suspended, or terminated for 30 days or more, without limiting FrontRunner’s other rights or remedies.

7. USER GENERATED & CUSTOMIZABLE CONTENT

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

By providing Content on or through the Service, you represent and warrant that: (A) such 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 below, and (B) that the provision of such Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the Account and Subscription of anyone found to be infringing on a copyright.

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 Service. However, by posting Content using the Service you grant us an unlimited and worldwide right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service. Notwithstanding any Terms related to licensing herein, we may from time to time enter into alternative licensing arrangements with Subscribers in our sole discretion. The terms of any alternative licensing arrangements will prevail over these Terms, in the case of a conflict.

We have the right but not the obligation to monitor, edit, or remove any and all Content provided by you or any other party for any reason. We also have the right to use, copy, and share any Content provided by you to promote and/or test the integrity, availability, and confidentiality of the Service.

Content that you do not provide to us that is found on or through this Service is owned by us or is used with permission. You may not re-distribute or re-sale said Content, whether in whole or in part, for commercial purposes or for personal gain, without express, advance written permission from us.

You are solely responsible for the security and privacy of any information that you disclose, download, or copy using or from the Service.

The Service comes preloaded with certain customizable Content (which constitutes part of the Service), including, without limitation, preconfigured activities, word tracks, and goals (“Customizable Content”). Customizable Content is provided as an example only and must be customized for your particular circumstances. We are available to help you configure Customizable Content at support@imafrontrunner.com. However, we cannot guarantee the accuracy or completeness of any such customization by us. You are solely responsible to ensure that any customizations that we make on your behalf are correct and appropriate to your particular circumstances, including, without limitation, any compensation plan that you may use.

In order to customize your Customizable Content, you must grant access to your Account to a member of our customer service team. You are responsible for removing such access after such customization is complete. Typically customization is only required during an initial Account setup and configuration period.

8. CUSTOMER’S RESPONSIBILITIES & RESTRICTIONS

We reserve the right to contact you regarding sales and customer service inquiries lodged by you, your contact information, billing, payment, and as required by law. However, it is your responsibility to ensure that we have your current contact information.

You may not use any of our contact information for any unauthorized purpose, including, without limitation, marketing, or illegal activity.

When you create an Account, you represent, warrant, and guarantee that you are above the age of 18 years, and that all of the information you provide to us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your Account and Subscription.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or Account. As part of the Service, you have the ability to grant access to others. YOU ACCEPT FULL RESPONSIBILITY FOR ANY ACTIONS OR INACTIONS BY PERSONS TO WHOM YOU GRANT ACCESS TO YOUR ACCOUNT, SUBSCRIPTION, AND ANY OTHER COMPONENT OR CONTENT OF THE SERVICE. FURTHERMORE, YOU AGREE TO ACCEPT RESPONSIBILITY FOR ANY AND ALL ACTIVITIES OR ACTIONS THAT OCCUR UNDER YOUR ACCOUNT AND/OR LOGIN CREDENTIALS. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account or the Service. If you do not notify us, we may be prevented from implementing measures to protect the integrity, availability, and confidentiality of the Service for you and other users.

We may, in our sole discretion, provide customer support as a convenience to you. However, we reserve the right to cease providing or charge a reasonable fee for customer support, upon our determination that your use of our customer support services is excessive.

It is your responsibility to select and acquire your own devices and software that are compatible with the Service.

You shall take reasonable steps to prevent unauthorized access to the Service, including without limitation by protecting its passwords and other log-in information. You shall notify FrontRunner immediately of any known or suspected unauthorized use of the Service or breach of its security and shall use best efforts to stop said breach.

In its use of the Service, you shall comply with all applicable laws, including without limitation Privacy/Security laws.

The Service is controlled and operated in whole or in part by us from our offices within the United States of America, and is not intended to subject us to the laws or jurisdiction of any state, country, or territory other than that of the United States.

You are responsible for complying with the laws of the United States and the laws of the jurisdictions where you are located and from which you access the Service, including U.S. export and re-export laws and regulations regarding the transmission of technical data. The Service employs Secure Socket Layer and/or Transport Layer Security encryption during the payment process to promote the security of user payment information. You represent and warrant that you will not access or use the Service in violation of law, including, without limitation, the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You represent and warrant that you are in full compliance with the regulations and laws listed above in addition to any laws, rules, and regulations of any other applicable jurisdiction. The provisions of this “International Use” section shall survive termination or cancellation of your Account, Subscription, or these Terms.

Nothing in the Materials constitutes an offer or solicitation to buy or sell any product to anyone in any jurisdiction in which such an offer or solicitation is prohibited by law.

9. UNLAWFUL OR PROHIBITED USE

As a condition of your use of this System, you warrant to FrontRunner that you will not use this System for any purpose that is unlawful or prohibited by these terms, conditions and notices. If you violate any of these terms, your permission to use the System automatically terminates.

FrontRunner has the right to monitor your access to the System, your data, and your communications with FrontRunner and others through the System. FrontRunner reserves the right to remove any data that it determines, in its sole discretion, violates this Agreement. In order to cooperate with governmental requests, to protect the System, and to ensure the integrity and operation of the Systems, FrontRunner may access and disclose to others any information it considers necessary or appropriate, including, but not limited to, user contact details, IP addresses and traffic information, usage history and posted content.

The System is offered through a secure website only. You may not attempt to access the System through fraudulent or deceptive means or the use of account information and passwords not authorized by FrontRunner. You may not attempt to circumvent the username and password requirements or any other security measures in effect on the System. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, or create derivative works from the System or sell any information, results, products or services obtained through or from the use of the System. If and when requested by FrontRunner, you agree to provide true, accurate and complete information. You agree not to impersonate or falsely represent your affiliation with any person or entity. Except with the express permission of FrontRunner, you agree not to access or attempt to access password protected, secure or non-public areas of the System. Unauthorized individuals attempting to access prohibited areas of this System may be subject to prosecution.

You may not without the prior written permission of FrontRunner (A) use any computer code, data mining software, “robot,” “bot,” “spider,” “scraper” or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to decompile, reverse engineer, monitor or copy any of the System, algorithms, formulas, data or content found on the System or accessed through the System; (B) attempt to unlock or bypass any initialization system or encryption technique within the System; (C) write or develop any other software program by using or which is based upon any Proprietary Materials; or (D) provide, disclose, divulge, or make the System available to, or permit use of the System by any third party, or any party for any unlicensed use. Your access and use of the software within the System is restricted to machine-readable, executable, object-code or bytecode form only

10. DISCLAIMER & WARRANTIES

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS,” “WHERE IS,” AND “AS AVAILABLE” BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. WE EXPRESSLY DISCLAIM ANY GUARANTEES OR WARRANTIES RELATED TO THE AVAILABILITY, INTEGRITY, SECURITY, AND/OR CONFIDENTIALITY OF THE SERVICE.

FRONTUNNER, ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT: (A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURELY, OR CONFIDENTIALLY, OR WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS IN ANY SERVICE WILL BE CORRECTED; (C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FRONTRUNNER OR THROUGH OR FROM THE USE OF THE SYSTEM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

FRONTRUNNER DOES NOT WARRANT THAT THE SYSTEM WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT IT WILL OPERATE WITH YOUR SOFTWARE, HARDWARE OR NETWORK CONFIGURATIONS.

FRONTRUNNER CANNOT AND DOES NOT WARRANT THAT THE SERVICE WILL BE PROVIDED FREE OF VIRUSES, WORMS, TROJAN HORSE PROGRAMS, RANSOMWARE OR OTHER MALWARE, OR DISABLING DEVICES OR OTHER CODE THAT MANIFESTS RESTRICTIVE, CONTAMINATING, OR DESTRUCTIVE PROPERTIES. YOU ARE RESPONSIBLE FOR IMPLEMENTING SAFEGUARDS TO PROTECT THE INTEGRITY, AVAILABILITY, AND CONFIDENTIALITY OF YOUR COMPUTER SYSTEMS, AND YOU ARE RESPONSIBLE FOR THE ENTIRE COST OF ANY INVESTIGATIONS, SERVICE, REPLACEMENT, AND REPAIRS OF AND TO YOUR COMPUTER SYSTEMS OR INFORMATION THAT MAY BE NECESSARY AS A RESULT OF YOUR USE OF THE SERVICE.

11. THIRD PARTY SERVICES

The System may include materials provided by third parties or hyperlinks to websites operated by parties other than FrontRunner or its affiliates. Such third-party software and hyperlinks are provided for your use and reference only. FrontRunner does not control such third-party services or websites, and is not responsible for their performance or content. Inclusion of hyperlinks by FrontRunner to third-party websites does not imply any endorsement of the material on such websites or any association with their operators, and you access and use such sites, including information, material, products and services therein, solely at your own risk. Furthermore, because the FrontRunner Privacy Policy is applicable only when you are on this System, once linked to another website, you should read that site’s privacy policy before disclosing any personal information.

You are solely responsible for ensuring compliance with any third-party requirements (for example, the requirements of any insurance company, financial services provider, or professional or industry organization). We do not have any official relationship with, or any certification or approval from, any third-party companies or professional or industry organizations. Therefore, neither the Service, nor any Customizable Content provided by us has received any approval for use in connection with any particular industry. Check with third parties relevant to your industry to discover what requirements they may have that related to your use of the Service, including, without limitation, sales, reporting, customer service, compensation calculations, and the use of standard language for customer interactions, etc.

These Terms and Conditions govern your interactions with us and shall not be construed as giving rights or obligations to third parties.

12. ASSIGNMENT

We may transfer or assign any of our rights and obligations under these Terms; however, you may not transfer or assign any of your rights or obligations under these Terms or your Subscription without our express, written consent.

FrontRunner, its contributors, affiliates and/or its suppliers may make improvements or changes in the information, services, products, and other materials on the System, in whole or in part, at any time without notice. The System may become unavailable at any time, with or without notice. FrontRunner may discontinue offering or supporting the System altogether at any time, with or without notice. FrontRunner may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement on our website or other portal. Accordingly, you agree to review this Agreement periodically, and your continued access or use of this System shall be deemed your acceptance of the modified Agreement.

13. INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS FRONTRUNNER, ITS CONTRIBUTERS, AFFILIATES, LICENSEES, SUPPLIERS, AND THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, PARTNERS, AND SHAREHOLDERS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES), RESULTING FROM OR ARISING OUT OF: (A) ANY USE OR ACCESS OF THE SERVICE, BY YOU OR ANY PERSON USING YOUR ACCOUNT OR LOGIN CREDENTIALS; OR (B) A BREACH OF THESE TERMS, OR (C) CONTENT (INCLUDING CUSTOMIZABLE CONTENT) OF THE SERVICE OR POSTED VIA THE SERVICE.

14. LIMITATION OF LIABILITY

IN NO EVENT SHALL FRONTRUNNER, NOR ITS EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, PARTNERS, SHAREHOLDERS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  1. YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE;
  2. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY TRANSACTIONS ENTERED INTO OR RESULTS PROVIDED BY THE SYSTEM;
  3. ANY OTHER MATTER RELATING TO THE SYSTEM OR THE SERVICES, INCLUDING SYSTEM CONTENT OR CALCULATIONS OR FORMULAE OR ALGORITHMS OR INFORMATION CONTAINED WITHIN THE SYSTEM;
  4. MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO RECORDS, PROGRAMS OR SERVICES;
  5. ANY CONDUCT OR CONTENT OF ANY THIRD PARTY VIA THE SERVICE;
  6. ANY CONTENT OBTAINED FROM THE SERVICE; AND
  7. UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

15. MISCELLANEOUS

This Agreement and the resolution of any dispute related to this Agreement or the System shall be governed by and construed in accordance with the laws of KENTUCKY, without giving effect to any principles of conflicts of law. Failure by FrontRunner or its affiliates to insist upon strict enforcement of any provision of this Agreement shall not be construed as a waiver of any provision or right. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the System or your rights under this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Any legal action or proceeding between FrontRunner, and/or its contributors or affiliates and you related to this Agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the State of Kentucky, County of Fayette. No waiver of any breach of any provision of the Agreement will constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver will be effective unless made in writing and signed by an authorized representative of the waiving party. If any provision of the Agreement is, for any reason, held to be invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, the remaining provisions will remain in full force and effect. If any provision of the Agreement is, for any reason, determined by a court of competent jurisdiction to be excessively broad or unreasonable as to scope or subject, the provision will be enforced to the extent necessary to be reasonable under the circumstances and consistent with applicable law while reflecting as closely as possible the intent of the parties as expressed herein. The headings, subheadings, and other captions in the Agreement are for convenience and reference only and will not be used in interpreting, construing, or enforcing any of the terms of the Agreement. You and FrontRunner are independent contractors under the Agreement, and nothing herein will be construed to create a partnership, joint venture, franchise or agency or fiduciary relationship between you and FrontRunner

16. NO WAIVER & SURVIVAL

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.

All provisions of the Terms which by their nature should reasonably survive termination shall survive termination, including, without limitation, provisions related to international use, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

17. CHANGES

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days’ notice, to your email address that we currently have on file, prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service and must immediately discontinue access and/or use.

18. CONTACT US

All notices required or permitted under this Agreement shall be in writing and shall be sent by Postal Service Certified Mail with a copy via e-mail to the address set forth below. If you have any questions about the Service or the Terms, please contact us at
support@imafrontrunner.com.
FrontRunner Enterprises LLC
501 Darby Creek Rd, Suite 13
Lexington, KY 40509