Terms of Use

Welcome to 4Cast!

This Agreement is a contract between you and 4Cast, LLC (“4Cast”) and governs your use of all 4Cast Services. Using the 4Cast Services means that you must accept all of the terms and conditions contained in this Agreement and the agreements on the 4Cast Site page including the Privacy Policy. You should read all of these terms carefully.

TERMS OF USE

4Cast through its application, website, content, products, and services (the "Services") enables users to develop, track and forecast project budgets.  4Cast, LLC (above and hereinafter “4Cast”) owns this application and website. Before you enter the 4Cast application or website (the "Site") or use any of the 4Cast services, you must carefully review the Terms and Conditions set out below (the "Terms"). In addition, specific pages on the Site may set out additional terms and conditions, all of which are incorporated by reference into these Terms. These Terms may be changed or updated at any time, but you can always find the most recent version here. In the case of inconsistencies between these Terms and information included in off-line materials (for example, promotional materials and mailers), these Terms will always control. You should periodically check this page to make sure you are up to date.

By entering and using the Site, you indicate that you accept these Terms and that you agree to be bound by them. Acceptance of these Terms creates a binding contract between you and 4Cast that you will use the Service only in a manner consistent with these Terms. This Terms of Use may be updated from time to time without notice to you.  The 4Cast application, website and any parts thereof including forums, folders, vendor contact forms, user profile information, folders, mobile apps, platform, posts, messages, photos and graphics are hereinafter referred to as our” Website”.

You understand and agree that our Website is provided "AS-IS" and that 4Cast assumes no responsibility for your ability to (or any costs or fees associated with your ability to) obtain access to our Website. Nor does 4Cast assume any liability for the failure to store or maintain any user communications or personal settings.  YOU FURTHER UNDERSTAND AND AGREE THAT 4CAST DOES NOT OFFER REFUNDS, EXCHANGES OR CREDITS OF ANY KIND.

1. Use of Website; Agreement.

In consideration of your visiting and using our Website, you represent that you are able to form a binding contract and that you are not barred from receiving services provided in this website under the laws of the United States or the applicable jurisdiction. You also agree to that any information you provide about yourself is accurate and complete information at the time provided. You agree to timely update any information provided to 4Cast to keep it accurate and complete. Failure to accurately and completely provide, and timely update, information about yourself is reasonable grounds for 4Cast to suspend or terminate your account and refuse you service in the future.

4Cast is concerned about the safety and privacy of all its users. Your use of the Service may be for personal purposes only. You will not (i) reproduce, duplicate, copy, sell, resell or exploit any part of the Service, or (ii) use or access the Service for any commercial purpose.

The information and materials on this website are intended for informational purposes only and are not intended to be treated as financial or tax advice. Neither the website nor the use of information from the website creates a joint venture, partnership or employment relationship.  

2. 4Cast Independent Contractor.  4Cast is an independent contractor for all purposes, and is not your agent or trustee. You are not providing services to 4Cast. By using this service, you acknowledge and agree that you are an independent contractor and that there is no partnership, joint venture or employment relationship with 4Cast. Neither party will hold itself out as an agent, subsidiary or affiliate of the other party or has any authority to bind the other party to third party obligations. Subject to the terms of this Agreement, we reserve the right to change our Fees upon thirty days’ advance notice. You must agree to the change in Fees to continue to use the Services.

3. Accounts; Billing. In order to use 4Cast, you must be at least 18 years old.  In order to set up a 4Cast Account “Account”), you authorize 4Cast to make any inquiries necessary to validate your identity.  Account registration requires you to submit to 4Cast certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or 4Cast's termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. 4Cast cannot and will not be liable for any loss or damage arising from your failure to comply with the Terms, including, without limitation, this Section 3. 

The price charge will be on a per project basis. “Project” will be defined as a planned set of interrelated tasks to be executed over a fixed period and within certain cost and other limitations. To view the specific details of your subscription plan, you can check the "Account” page, available after logging into the Service. You will receive a notice from us when your free trial ends and at that time can decide to begin paying for the service.  Any Content you entered during your free trial will be lost.  Only one free trial for a duration of 30 days will be made available to each customer. 

Once a paid subscription has been started, and unless cancelled, your Service subscription will be automatically renewed at the end of your subscription period. We will bill the subscription fee plus any applicable tax to you. Your membership will automatically renew for successive subscriptions, without prior notice to you, unless and until you cancel your membership, or we terminate it. You must cancel your membership before it renews in order to avoid billing of the next period's subscription fees to your payment method.

By using the Service, you are expressly agreeing that we are permitted to bill you a subscription fee, any applicable tax and any other charges you may incur in connection with your use of the Service. Additional charges may include service level changes you request. The subscription fee will be billed at the beginning of your subscription and on each renewal thereafter, unless and until you cancel your membership. We will automatically bill you each billing period on the calendar day corresponding to the commencement of your membership. Except and to the extent required by applicable law, all fees and charges are nonrefundable, and there are no refunds or credits for partially used periods, or where you have elected to downgrade service levels or otherwise remove any paid component or feature. We may change the fees and charges in effect or add new fees and charges from time to time. We will inform you of any increase or addition to existing fees and we may offer you a grace-period in which your fees will not increase for a certain period of time. If you do not accept the increase or addition to the existing fees, you may elect to terminate your account during the then current billing period and you shall not be liable for such fee increase after the applicable billing period; however, any later renewal of service will be subject to the increased fee structure. If your credit or debit card reaches its expiration date, your continued use of the Service constitutes your authorization for us to continue billing you, and you remain responsible for any uncollected amounts.

If you change your service level (downgrade it), you may cause the loss of Content or features for your account. 4Cast does not accept any liability for such loss. You may cancel your subscription to the Service at any time, and cancellation will be effective immediately. Except and to the extent required by applicable, WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL SUBSCRIPTION PERIODS OR ANY FEATURE OF COMPONENT THAT YOU HAVE PAID FOR BUT NOT USED.

In certain situations, you may have viewer or editor access to Projects (“Non-Administrator “) but you are not paying for these Projects; the “Administrator” User will be responsible for payments. As Non Administrator, you agree and will be governed by all Terms of this Agreement, including the Privacy Policy incorporated herein.

4. Taxes.

In connection with your purchase and/or use of the Service you may be subject to taxes, including, without limitation, sales and use taxes, by any authority which has jurisdiction to impose such taxes. You agree that the obligation and payment of any such taxes shall be your sole and absolute responsibility, and you agree, that unless otherwise required by applicable law, to indemnify 4Cast LLC pursuant to Section 15 to the extent that 4Cast LLC incurs any obligations or other liabilities in connection with such taxes.

5. Privacy Policy.

Information and Content provided by you are subject to our Privacy Policy. This policy, as updated from time to time, may be found at Privacy Policy.

6.  Trademarks and Copyrights; No Duplication of Any or All of Website.

Certain names, logos, and/or phrases in our Website may constitute trademarks and/or copyrights of 4Cast or its clients. The mark "budget4Cast" and the contents of this Website are the sole property of 4Cast, LLC. Reproduction in whole or in part is strictly prohibited without the expressly written permission of 4Cast.

All of the writing in our Website is the copyrighted property of 4Cast, LLC and is protected as such. None of the material may be reproduced without our prior written permission. This copyright extends from original material, to the material contained in the books for sale, to the raw compilations of posts in our folders, to any edited and filtered compilations of posts that we may sell and distribute. The right to download and store or output the materials found on 4Cast is granted for viewing use only. Materials may not be reproduced in any form. Any reproduction or editing by any means mechanical or electronic without the explicit written permission of 4Cast is expressly prohibited.

4Cast and 4Cast's staff are not and will not be responsible for any misleading, false, or otherwise injurious information and advice communicated in our Website or for any results obtained from the use of such information or advice. 4Cast will not be liable for any loss or damage suffered by a user through the user's reliance on information and advice gained in this Website.

7. Network Access and Devices.

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. 4Cast does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

 8. No responsibility for third party links.

4Cast may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that 4Cast is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that 4Cast 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 site or resource.

9.  Content; General rules re Use of Site; Aggregate and Anonymous Content

You understand that all information, code, data, files, text, images or other materials (collectively "Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not 4Cast, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. 4Cast does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, objectionable or illegal in your jurisdiction. Under no circumstances will 4Cast be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You agree to follow the following general rules in using the Website:

  • No strong, vulgar, obscene, or otherwise harmful language.
  • No racially, ethnically or otherwise, objectionable language.
  • No harassing, intimidating, stalking, or threatening other community members.
  • No libelous, defamatory, or otherwise tortuous language.
  • No online vandalism. This includes using abusive language and repeatedly hitting the return key in the chat room, or otherwise acting in a manner that negatively impacts the ability to engage in real time exchanges.
  • No impersonating any person, including, but not limited to, other community members or employees of 4Cast.
  • No posting, distributing, transmitting, or promoting illegal content.
  • No invasion of another's privacy.
  • No actions that are harmful to minors.
  • No manipulation or forging of identifiers in order to disguise the origin of any information posted on 4Cast site or otherwise provided to 4Cast or its employees.
  • No posting, providing, transmitting, or otherwise making available any information (such as inside, proprietary or confidential information) that you do not have a right to make available due to contract, fiduciary duty, or operation of law.
  • No use of any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any Site Content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any Site Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site
  • No posting, providing, transmitting, or otherwise making available any junk mail or spam.
  • No posting, uploading, emailing, or otherwise transmitting any material that contains any malicious computer code (including spyware, worms, Trojan horses, viruses, etc.).
  • No posting, providing, transmitting, or otherwise making available any information which violates regulations promulgated by the Securities and Exchange Commission, or that of any securities exchange, such as the New York Stock Exchange.
  • No collecting, storing, or posting of personal data about or of other community members.

4Cast does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service and Content you enter into your accounts and projects you grant 4Cast the following worldwide, royalty-free and non-exclusive license(s): the perpetual, irrevocable, assignable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. Such Content will be anonymized and aggregated and identified by general geographic location. Such Content will not be identified personally or by project.

4Cast and its vendors, suppliers and partners shall have a worldwide, perpetual, irrevocable, royalty-free right to use aggregated and/or anonymous Content in connection with our and our vendor’s, supplier’s and partner’s business operations including, without limitation, combining such Content with other similar Content from you and other users.

10. Use of Member Information Prohibited.

Content from www.budget4cast.com, including but not limited to any member profile information such as member names, email addresses, member contact information, or member-personalized information, may not be taken from the website and used for any purpose. Names, email addresses and other contact information from member profile information or the pages and postings on this site may not be used by outside vendors or other third parties for purposes of solicitation. Unsolicited emails to our members or to vendors may constitute misrepresentation, misappropriation of 4Cast's business name and reputation, unfair competition, and may also violate laws that prohibit unsolicited email, for which 4Cast shall be entitled to take appropriate legal action including seeking injunctive relief, an accounting of profits, damages, legal fees and costs. Notwithstanding the foregoing, 4Cast users may link to this website, but only upon obtaining written consent of 4Cast.

11. Changes and Modifications to Website.

4Cast reserves the right from time to time to make modifications and changes to our Website. These modifications and changes may include, but are not limited to, discontinuing, temporarily or permanently, any service offered by, or through 4Cast (or any part thereof) with or without notice. You agree that 4Cast shall not be liable to you or to any other party for any changes and modifications to our Website.

12. Links; Advertising.

Any links provided by 4Cast or third parties to other websites are included for informational purposes only and do not imply an affiliation with, endorsement or a sponsorship of other sites. You further acknowledge and agree that 4Cast 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 site or resource.

13. Proprietary Rights.

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by 4Cast or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

You shall not (and shall not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by 4Cast for use in accessing the Service.

14. Termination

You agree that, under certain circumstances and without prior notice, 4Cast may terminate your access to 4Cast, including purging your user account and any material and information associated with your user account (including your user name, password, registry and profile). Cause for such termination shall include, but not be limited to, violation of the provisions set forth in sections 1, 4, 6, 9, 10, and 13 of this Terms of Use agreement. You acknowledge and agree that all terminations for cause shall be made in sole discretion of 4Cast and that 4Cast shall not be liable to you or any other party for the termination of your access to our Website or the purging of any material.

4Cast strongly recommends You to export all Your Content before any termination or cancellation of Your Account. Following the termination or cancellation of Your subscription to the Service and/or Your Account. We reserve the right to delete all Your Content in the normal course of operation any time after the expiry of 14 days after the cancellation or termination of Your Account. Your Content cannot be recovered once it is deleted.

4Cast reserves the right to modify, suspend or terminate the Service (or any part thereof), Your Account or Your and/or Agents’ or End-Customers’ rights to access and use the Service, and remove, disable and discard any of Your Data if We believe that You, Your Affiliates, Agents or End-Customers have violated these Terms. You will be liable to pay 4Cast any fees outstanding or due until the date of termination. Unless legally prohibited from doing so, 4Cast will use commercially reasonable efforts to contact You directly via email to notify You when taking any of the foregoing actions, and provide You with an opportunity to cure such breach within 15 days from notification by 4Cast to You. You are responsible for keeping your account and contact information up to date.  4Cast shall not be liable to You, Agents, End-Customers or any other third party for any such modification, suspension or discontinuation of Your rights to access and use the Service. Any suspected fraudulent, abusive, or illegal activity by You, Agents or End-Customers may be referred to law enforcement authorities at Our sole discretion. 4Cast shall not be liable to You or any third party for any modification, suspension or discontinuation of the Service.

If your account goes dormant due to non-payment or termination for any reason, you will be unable to access or use or modify the Content in your account. 4Cast will continue to store your Content until such time as you reactivate the account with payment provided you have not violated this Terms of Use Agreement.

15. Warranty Disclaimer.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK. THE SERVICES PROVIDED IN OUR WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. 4CAST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

4CAST MAKES NO WARRANTY THAT: (i) THE SERVICE WILL MEET ANY OF YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE TIMELY, SECURE, UNINTERRUPTED, OR FREE FROM ERROR OR OMISSION, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY SERVICE IN OUR WEBSITE WILL BE USEFUL, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES OFFERED IN OUR WEBSITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE OPERATION OF WEBSITE INCLUDING THE OPERATION OF ANY SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY SERVICE IN OUR WEBSITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM (OR ANY COMPONENT CONNECTED TO YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD (INTENTIONAL OR OTHERWISE) OF ANY SUCH MATERIAL.

CUSTOMER SHALL BEAR SOLE RESPONSIBILITY FOR TESTING ITS DATA TO CONFIRM THAT THE DATA BEING ACTED UPON BY THE SERVICES AND THE RESULTS PRODUCED ARE CORRECT AND COMPLETE. 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 4CAST OR FROM ANY SERVICE PROVIDED IN OUR WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

16. Limitation of Damages.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT 4CAST SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL AND REPUTATION, OR OTHER INTANGIBLE LOSSES. THIS LIMITATION ON LIABILITY APPLIES EVEN IF 4CAST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL 4CAST’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED $500.00.

17. General Provisions.

Operation of Law. You agree that 4Cast may access, maintain, and disclose information you provide to 4Cast if required to do so by law or if 4Cast, in good faith, believes that such access, maintenance or disclosure is reasonably necessary to: (i) comply with any legal process; (ii) enforce 4Cast's Terms of Use; (iii) respond to claims that any material or information posted, provided, transmitted, or otherwise made available by you violates the rights of third parties; (iv) respond to your customer service requests; or (v) otherwise protect the rights and property of 4Cast, its vendors, community members, users and the general public.

Indemnity. You agree to indemnify and hold harmless 4Cast, its subsidiaries, affiliates, directors, officers, agents, vendors or other partners, and employees, from any claim or demand, including attorneys' fees, made by any third party due to or arising out of any material or information posted, provided, transmitted, or otherwise made available by you in our Website, or by your use of our Website, or by your violation of 4Cast's Terms of Use, or your violation of the rights of another.

Entire Agreement. The Terms of Use constitute the entire agreement between you and 4Cast and govern your use of our Website and any services offered in our Website. This agreement supersedes any prior terms of use agreements between you and 4Cast.

Choice of Law; Jurisdiction. The Terms of Use and the relationship between you and 4Cast shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions. You and 4Cast agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the county of Denver, Colorado.

No 3rd Party Beneficiaries. You agree that, except as otherwise expressly provided in this Terms of Use, there shall be no third party beneficiaries to this agreement.

Severability. The failure of 4Cast to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the other terms and provisions of the Terms of use shall remain in full force and effect.

Assignment. You agree that your 4Cast member account is non-transferable and any rights to your account or contents within your account terminate upon your death. We may, without Your consent, assign our agreement with You to any affiliates or subsidiaries of 4Cast or in connection with any merger or change of control of 4Cast or the sale of all or substantially all of Our assets provided that any such successor agrees to fulfill its obligations pursuant to these Terms. Subject to the foregoing restrictions, these Terms will be fully binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns.

Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of any services provided in our Website or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Section Titles and Other Headings. The section titles and other headings in the Terms of Use are for convenience only and have no legal or contractual effect.

 


 

 

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