Terms of service
Last updated: September 2025
Terms of Service - Ecommerce Platform
OVERVIEW
This website is operated by Forever Drift™. Throughout the site, the terms “we”, “us” and “our” refer to Forever Drift™. Forever Drift™ offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Forever Drift™, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, 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 the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Forever Drift™ and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at admin@foreverdrift.net
Terms of service - Membership Platform
Forever Drift (“the Company”) provides an exclusive online platform, products, activities, and offerings (the “Platform”). These Platform Terms of Service (the “Terms”) are integrated into the agreement accepted upon payment.
Forever Drift provides online and in-person activities, and the terms governing the Platform also apply to participating in or attending these activities. This document outlines the terms and conditions applicable to your use of the Platform and events provided by the Company. Your engagement with or access to the Platform, including through automated or manual methods, or participation in any of the Company's live virtual or in-person events, signifies your acceptance of these terms of service.
Acquiring any product or service from Forever Drift, or utilizing this site, its subsidiaries, or the Platform, constitutes your acceptance of the ensuing terms, conditions, and notifications.
Forever Drift reserves the right to amend, update, or modify any aspect of these terms of service, including conditions within these Terms or any Platform policy or guideline, at any time and without prior notice, at its sole discretion. Such alterations or modifications become effective immediately upon their publication on the Platform, and you relinquish any entitlement to individual notification of these changes. Your continued interaction with the Platform after the posting of such modifications indicates your affirmation of these changes. It remains your responsibility to regularly consult this document for updated terms.
Your acceptance of these terms of service and conditions, along with agreement to the Privacy Policy and associated guidelines, and completion of the requisite payment, confers upon you a license to access the Platform and its specified content (the “Platform License”).
For inquiries or feedback concerning the Platform or its content, please contact: support@foreverdrift.net.
TERMS OF USE
CRITICAL – PRIOR TO ENGAGING WITH OR UTILIZING OUR WEBSITE, WE URGE YOU TO THOROUGHLY REVIEW AND COMPREHEND THESE TERMS OF USE. THESE TERMS INCLUDE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (REFER TO SECTIONS 11 AND 12). THESE PROVISIONS CONSTITUTE A FUNDAMENTAL ELEMENT OF OUR ARRANGEMENT. PLEASE RETAIN A PRINTED COPY OF THIS AGREEMENT FOR YOUR FILES.
Your engagement with https://www.foreverdrift.net/, including its sub-domains, associated websites, and mobile applications (collectively, the “Website”), which are owned and operated by Forever Drift (“Forever Drift,” “we,” “our,” “us”), is subject to the policies, terms, and conditions detailed herein. Forever Drift provides this Website, encompassing all information and tools accessible therefrom, to you, the user, contingent upon your complete acceptance of all terms, conditions, policies, and notices articulated here. Accessing or utilizing the Website indicates your consent to the terms outlined. Should you not fully concur with these terms and conditions, you are not permitted to use the Website in any capacity.
THIS AGREEMENT INCLUDES MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS, WHICH FORFEIT YOUR ENTITLEMENT TO A COURT HEARING, A JURY TRIAL, AND PARTICIPATION IN A CLASS ACTION. ARBITRATION IS OBLIGATORY AND SERVES AS THE SOLE AVENUE FOR RESOLVING ALL DISPUTES, EXCEPT AS DELINEATED IN SECTION 13 BELOW OR IF YOU CHOOSE TO OPT-OUT. WE ADVISE CAREFUL EXAMINATION OF THE DISPUTE RESOLUTION CLAUSES IN SECTION 13, WHICH DETAIL YOUR OPT-OUT PRIVILEGE.
The latest iteration of these Terms is continuously available for review on this page (https://www.foreverdrift.net/terms). Forever Drift maintains the prerogative to revise, alter, or substitute any segment of these Terms by publishing such updates and/or changes on our Website. It is incumbent upon you to regularly consult this page for any modifications. YOUR CONTINUED UTILIZATION OF OR ENTRY TO THE WEBSITE SUBSEQUENT TO THE PUBLICATION OF ANY CHANGES DENOTES YOUR IRREVOCABLE ACCEPTANCE OF THOSE CHANGES.
TABLE OF CONTENTS
1. WEBSITE USE
2. PRIVACY & SECURITY DISCLOSURE
3. GENERAL CONDITIONS AND WEBSITE USER CONDUCT RESTRICTIONS
4. NO PROFESSIONAL ADVICE
5. RESULTS DISCLOSURE
6. EDUCATION DISCLOSURE
7. MODIFICATIONS TO THE WEBSITE
8. ACCOUNT REGISTRATION
9. USER COMMUNICATIONS
10. SOCIAL MEDIA
11. DISCLAIMER OF WARRANTIES
12. DISCLAIMER OF LIABILITIES
13. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
14. INDEMNIFICATION
15. THIRD-PARTY WEBSITES AND LINKS; AFFILIATE LINKS
16. TESTIMONIALS, REVIEWS, AND OTHER SUBMISSIONS
17. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
18. ELECTRONIC COMMUNICATIONS
19. ASSIGNMENT
20. NO WAIVER
21. SEVERABILITY
22. TERMINATION
23. ENTIRE AGREEMENT
24. QUESTIONS OR ADDITIONAL INFORMATION
TERMS OF USE
WEBSITE USE By utilizing the Website and consenting to these Terms, you affirm that you have attained the age of majority in your state or province of residence. Your use of the Website confirms your legal capacity to form a binding agreement with us, and that you have read, understood, and consented to its provisions.
PRIVACY & SECURITY DISCLOSURE Our privacy policy is accessible at https://www.foreverdrift.net/privacy. This Privacy Policy is integrated into these Terms by reference and forms an essential component thereof.
GENERAL CONDITIONS AND WEBSITE USER CONDUCT RESTRICTIONS Every element of our Website is safeguarded by U.S. and international intellectual property laws, including copyright and trademark statutes. No ownership or other rights are transferred to you through the act of downloading or using the Website or any of its materials.
You covenant not to employ or seek to employ the Website or its services for any illicit means or unlawful ends. Furthermore, you agree to refrain from committing or attempting to commit any illegal act on or through the Website, including, yet not restricted to:
• hacking and other digital or physical attacks on the Website;
• publishing vulgar, abusive, obscene, or defamatory material;
• soliciting others to perform or participate in any unlawful acts;
• violating any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
• infringing upon or violating our intellectual property rights or the intellectual property rights of others;
• harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
• submitting false or misleading information;
• uploading or transmitting viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website;
• collecting or tracking the personal information of others;
• interfering with or circumventing the security features of the Website; or
• any other unlawful act.
Forever Drift reserves the right to discontinue your access to the Website or any of its services should it determine that you (1) fail to adhere to these Terms of Use; (2) engage in any conduct detrimental to Forever Drift’s rights or interests pertaining to its Website, services, or other assets; or (3) for any or no reason, entirely at its discretion, without prior notification to you. Forever Drift may undertake any other requisite actions or pursue any legally permissible remedies in this context.
NO PROFESSIONAL ADVICE The material furnished on this Website is exclusively for informational and educational purposes. No content on this Website should be construed as professional counsel, including, but not limited to, legal, financial, medical, or technical guidance. The details provided are not meant to replace professional consultation or services. Forever Drift does not assert expertise in any professional domain, nor does it offer services necessitating professional licensing. While we endeavor to present accurate and current information, we offer no representations or warranties, whether express or implied, regarding the thoroughness, precision, dependability, applicability, or accessibility of the website or the information, products, services, or associated graphics contained therein for any given purpose. Consequently, any dependence you place on such information is entirely at your own peril. Users are encouraged to consult qualified professionals concerning any specific issue or concern. Forever Drift explicitly renounces any and all liability, whether direct or indirect, for actions or inactions you undertake based on the information, services, or other content found on this Website. Your utilization of information provided on this Website is solely at your own risk and discretion.
RESULTS DISCLOSURE This Website is offered in good faith, drawing upon general best practices and experiences. Nevertheless, neither the Website nor any of Forever Drift's Services are promised or guaranteed to yield particular outcomes or results. Forever Drift provides no representations, guarantees, or warranties that employing this Website or its Services will lead to success or align with your specific objectives, circumstances, or requirements. Success narratives and endorsements displayed on this Website represent individual customer experiences with our Services. They do not assure future results and should not be interpreted as indicators that you will attain identical or comparable achievements.
EDUCATION DISCLOSURE Forever Drift operates as a privately-owned, for-profit entity specializing in general education, and this Website serves solely for general educational and informational purposes. It is not, and holds no affiliation with, any educational institutions or other accredited bodies. Forever Drift does not enroll students, provide accredited courses or programs of study, nor does it confer degrees or diplomas upon program completion. Consequently, Forever Drift does not purport or intend to offer any education, course materials, or training mandated by law or employers, nor is it intended or implied to substitute for education provided by an accredited institution. You bear full responsibility for your utilization of information provided by Forever Drift. Forever Drift offers no assurances regarding the level of success participants may or will achieve in trading securities, nor any guarantee concerning job attainment or creation following the completion of our programs.
MODIFICATIONS TO THE WEBSITE Forever Drift reserves the prerogative to modify or terminate access to the Website (or any portion or content thereof) without prior notice at any juncture. We shall not bear liability to you or any third party for any alteration, suspension, or cessation of access to the Website. All Website content is subject to modification at any time without notice, at our exclusive discretion.
ACCOUNT REGISTRATION To utilize certain products or services offered on the Website, you will be prompted to establish an account. By proceeding with account creation, you assent to the subsequent stipulations:
• You may only maintain a single account;
• You may never share your account username or password or knowingly provide or authorize access to your account;
• You may never use another user’s account without permission;
• When creating your account, you must provide accurate and complete information;
• You are solely responsible for the activity that occurs on your account, and you must keep your account password secure;
• You must notify us immediately of any breach of security or unauthorized use of your account; and
• You will be held accountable for any activity occurring under your account or password, and for any losses incurred by Forever Drift or other parties resulting from unauthorized use. We disclaim liability for your losses stemming from any unauthorized use of your account.
Forever Drift possesses the right, at its exclusive discretion, to cancel your account or suspend your access to the Website.
USER COMMUNICATIONS By engaging with any Forever Drift services and accessing them, you explicitly agree to receive electronically all communications, agreements, documents, notices, and disclosures (“Notices”) that we furnish pertaining to your account and service utilization. Notices may, without limitation, take the form of electronic mail, in-app messages, and in-Website communications. Additionally, Notices may take the form of electronic mail containing promotional, marketing, and advertising information and recommendations that we believe may be of interest to you. If you do not wish to receive such promotional emails, you may unsubscribe at any time by following the instructions within, and Forever Drift will respect any unsubscribe requests within 30 days.
Forever Drift may, at its discretion, employ SMS services to deliver Notices to users. Information received is either user-initiated or originates from an established business relationship or transaction with Forever Drift. The information sent does not contain advertising or a solicitation. Message frequency varies. Message and data rates may apply. Users can text HELP to the sending number for help and reply STOP to cancel receiving text messages. Carriers are not liable for delayed or undelivered messages.
SOCIAL MEDIA This section applies to everyone who interacts with our social media presence, including comment sections, feeds, and other elements of social media presence viewable on Facebook, Instagram, YouTube, Pinterest, Twitter, Google+, LinkedIn, or any of the many other available external third-party social media platforms we might utilize (“Social Media Presence”).
The sites and platforms that host our Social Media Presence are not controlled by us and therefore have their own privacy policies and terms of use. The comments and viewpoints articulated by users on social media are solely their own and do not represent the opinions of Forever Drift, and we are under no obligation to monitor or delete user comments. If you see an offensive or inappropriate post or comment on our Social Media Presence, you should report it to the operator of the applicable site or platform using the procedures they have established for that purpose.
DISCLAIMER OF WARRANTIES UNLESS PROSCRIBED BY LAW, THIS WEBSITE IS SUPPLIED ON AN “AS IS” AND “AS AVAILABLE” BASIS, DEVOID OF WARRANTIES OF ANY NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE ADVANCE NO, AND EXPLICITLY REJECT ALL, REPRESENTATIONS AND WARRANTIES REGARDING THE RELIABILITY, PUNCTUALITY, QUALITY, SUITABILITY, ACCESSIBILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION PRESENTED ON THIS WEBSITE. FOREVER DRIFT DOES NOT REPRESENT OR WARRANT, AND EXPLICITLY DISCLAIMS, THAT:
• (A) OUR INFORMATION, OR OTHER MATERIALS ACQUIRED VIA THE WEBSITE, WILL SATISFY YOUR REQUIREMENTS OR EXPECTATIONS;
• (B) THE WEBSITE OR ITS HOSTING SERVER(S) ARE DEVOID OF VIRUSES OR OTHER HARMFUL ELEMENTS;
• (C) THE WEBSITE WILL BE CONTINUOUSLY AVAILABLE, UNINTERRUPTED, SECURE, OR ERROR-FREE.
ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, BE THEY EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
DISCLAIMER OF LIABILITIES EXCEPT AS RESTRICTED BY LAW, UNDER NO CIRCUMSTANCES SHALL FOREVER DRIFT OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AND/OR AGENTS BE HELD LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS, OR CLAIMS EMANATING FROM OR CONNECTED WITH THIS AGREEMENT, THE PRIVACY POLICY, OR YOUR OR A THIRD-PARTY’S UTILIZATION OR ATTEMPTED UTILIZATION OF THE WEBSITE, IRRESPECTIVE OF WHETHER FOREVER DRIFT HAD FOREKNOWLEDGE OF THE POTENTIAL FOR SUCH DAMAGES, FEES, COSTS, OR CLAIMS. This includes, without limitation, any loss of use, loss of profits, loss of data, loss of goodwill, cost of procurement of substitute services or products, or any other indirect, special, incidental, punitive, consequential, or other damages. This applies regardless of the manner in which damages are allegedly caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability), warranty, or otherwise. SHOULD, DESPITE THE FOREGOING LIMITATIONS ON LIABILITY, FOREVER DRIFT BE DEEMED LIABLE UNDER ANY LEGAL THEORY, FOREVER DRIFT’S LIABILITY AND YOUR EXCLUSIVE RECOURSE SHALL BE CAPPED AT USD $500.00. This liability cap shall extend to all claims, irrespective of whether Forever Drift was cognizant of or previously informed about the potential for damages or such claims. Certain jurisdictions do not permit the exclusion of particular warranties, hence some of the aforementioned exclusions might not pertain to you, and you may possess supplementary rights.
DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER PLEASE REVIEW THIS PROVISION DILIGENTLY; IT MANDATES THE ARBITRATION OF ANY DISPUTE OR CLAIM BETWEEN YOU AND FOREVER DRIFT ON AN INDIVIDUAL FOUNDATION.
YOU CONSENT THAT ANY DISPUTE OR CLAIM STEMMING FROM OR PERTAINING TO THIS ARBITRATION PROVISION, FOREVER DRIFT’S PRIVACY POLICY OR TERMS OF USE, FOREVER DRIFT’S ADVERTISING OR MARKETING STRATEGIES, OR FOREVER DRIFT’S PRODUCTS OR SERVICES, MUST BE REFERRED TO BINDING, FINAL, AND CONFIDENTIAL ARBITRATION BEFORE A SOLE ARBITRATOR, MANAGED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS CONSUMER ARBITRATION RULES. This Arbitration Provision shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16, and the arbitrator shall be bound by the terms of this Arbitration Provision. The arbitrator shall have the exclusive and sole authority for determining whether a dispute or claim is arbitrable. The arbitrator shall apply the relevant substantive law of the State of California to the extent consistent with the FAA, and shall be empowered to grant all remedies accessible in an individual lawsuit under substantive law, including, but not limited to, compensatory, statutory, and punitive damages, as well as declarative, injunctive, and other equitable relief, including public injunctive relief, and attorneys’ fees and costs where permissible under applicable substantive law. The arbitrator is authorized to resolve disputes or claims exclusively between you and Forever Drift and may not combine claims or proceedings without Forever Drift’s explicit consent. The arbitrator is precluded from hearing class or representative claims or requests for relief on behalf of other persons. If a court or arbitrator decides that any part of this Agreement to Arbitrate cannot be enforced as to a particular claim for relief or remedy, then that claim or remedy (and only that claim or remedy) must be brought in court and any other claims must be arbitrated.
NOTWITHSTANDING ANY CONTRARY PROVISION HEREIN, YOU ACKNOWLEDGE THAT FOREVER DRIFT RETAINS THE RIGHT TO INITIATE A CLAIM AGAINST YOU IN THE STATE OR FEDERAL COURTS OF CALIFORNIA FOR INJUNCTIVE RELIEF, EQUITABLE RELIEF, OR OTHER REMEDIES ARISING FROM ANY POTENTIAL OR ACTUAL MISAPPROPRIATION OR INFRINGEMENT OF FOREVER DRIFT’S INTELLECTUAL PROPERTY RIGHTS, AND YOU AGREE THAT VENUE IS APPROPRIATE AND THAT YOU ARE SUBJECT TO PERSONAL JURISDICTION IN SUCH FORUM.
UNLESS YOU TIMELY OPT-OUT, YOU WILL NOT HAVE THE RIGHT TO:
• (A) HAVE A COURT OR JURY DECIDE YOUR DISPUTE OR CLAIM;
• (B) OBTAIN INFORMATION PRIOR TO THE HEARING TO THE SAME EXTENT THAT YOU WOULD HAVE IN COURT;
• (C) PARTICIPATE IN A CLASS ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR CLASS OPPONENT;
• (D) ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION; or
• (E) JOIN OR CONSOLIDATE YOUR DISPUTE OR CLAIM WITH THE DISPUTE OR CLAIM OF ANY OTHER PERSON.
Other rights that you would have had if you went to court may also not be available in arbitration.
YOU MAY EXERCISE YOUR RIGHT TO OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU ACQUIRED A PRODUCT OR SERVICE VIA FOREVER DRIFT’S WEBSITE BY MAILING A LETTER TO: FOREVER DRIFT ATTN. LEGAL DEPARTMENT, 24422 HAWTHORNE BLVD. #B TORRANCE, CA 90505, CLEARLY STATING YOUR NAME, THE PRODUCT YOU PURCHASED, AND YOUR INTENTION TO OPT OUT OF ARBITRATION.
INDEMNIFICATION To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless Forever Drift, its parent company, subsidiaries, predecessors, successors, and affiliates, along with their respective partners, officers, directors, agents, representatives, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from and against any and all claims, actions, losses, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to, reasonable attorneys’ fees, arising out of, resulting from, or in any way connected with or related to (1) your contravention of these Terms, the documents they reference, or the Agreement; (2) your breach of any representations or warranties within this Agreement; or (3) your infringement of any law or the rights of a third party.
THIRD-PARTY WEBSITES AND LINKS The Website may feature content from third parties or provide links to external websites. Forever Drift disclaims liability for any such third-party content or websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products, services, or information should be directed to the applicable third-party.
TESTIMONIALS, REVIEWS, AND OTHER SUBMISSIONS Forever Drift welcomes feedback from its users and customers and appreciates your comments concerning our services and products. You agree that any material you provide or post to the Website, including but not limited to, photographs, testimonials, concepts, expertise, methodologies, queries, assessments, remarks, and suggestions (collectively, “Submissions”), will be regarded as non-confidential and non-proprietary. Furthermore, you grant Forever Drift the royalty-free, worldwide, perpetual, irrevocable, and transferable right to utilize, reproduce, distribute, display, publish, perform, sell, lease, transmit, adapt, and generate derivative works from such Submissions through any means and in any format. You agree that any Submission that you provide is true and accurate in all respects and does not infringe or interfere with the intellectual property rights of any third party. You consent that Forever Drift may employ a Submission, entirely or partially, alongside the name of the contributor. You also agree that Submissions, including testimonials, may be utilized for any advertising purpose related to Forever Drift’s products or services, across printed and online media, as Forever Drift unilaterally decides. These testimonials are not indicative of the typical user experience.
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE; INTELLECTUAL PROPERTY RIGHTS
a. DMCA Notice This Website maintains specific contact information provided below, including an email address, for notifications of claimed infringement regarding materials posted to this Website. All notices should be addressed to the following contact person:
Notification of Claimed Infringement: Forever Drift Attn: DMCA/Copyright Agent 24422 HAWTHORNE BLVD. #B TORRANCE, CA 90505 Tel: +1 (818) 643-1882 Email: support@foreverdrift.net
You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.
In notifying us of alleged copyright infringement, the Digital Millennium Copyright Act requires that you include the following information:
• (i) a description of the copyrighted work asserted to be infringed;
• (ii) a description of the allegedly infringing material and details adequate for us to pinpoint its location;
• (iii) your contact particulars, comprising your address, telephone number, and/or email address;
• (iv) a declaration by you affirming your good faith belief that the material, in the manner contested, is not sanctioned by the copyright holder, their agent, or by legal operation;
• (v) a sworn statement by you, made under penalty of perjury, that the data in the notification is precise and that you possess the authority to enforce the copyrights claimed to be infringed; and
• (vi) a physical or electronic signature of the copyright owner or an individual authorized to act on their behalf.
Omission of any of the aforementioned details may lead to a postponement in processing your complaint.
b. Intellectual Property Rights, License The audio and video materials, images, photographs, articles, opinions, text, graphics, illustrations, logos, depictions, layouts, compilations, designs, interfaces, digital downloads, software, data compilations, and other content linked to the Website (the “Content”) are owned by or licensed to Forever Drift or other authorized third parties, and are safeguarded by intellectual property, copyright, trademark, trade dress, and other laws within the U.S. and internationally. You must comply with all such laws and applicable copyright, trademark, or other legal notices or restrictions. You shall not remove or alter any copyright, trademark, or other legal notices marked on the Content. Between you and Forever Drift, we will preserve all rights, title, and interest in and to the Website and its Content. No ownership of any part of the Content will be transferred to you by virtue of the access granted. Unless explicitly stated in these Terms of Use or expressly awarded to you in writing by Forever Drift, no rights are conveyed to you. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Website. The compilation of the Content on the Website is the exclusive property of Forever Drift.
You are only permitted to access and view the Content for personal, non-commercial purposes in accordance with these Terms of Use, and may not build a business or other enterprise utilizing any of the Content, whether for profit or not. Save as stipulated in these Terms of Use or explicitly sanctioned by us in writing, you are prohibited (whether directly or through any software, device, internet site, web-based service, or other method) from:
• downloading, stream capturing, storing in a database, archiving, or otherwise replicating any segment of the Website or Content;
• uploading, selling, renting, leasing, lending, broadcasting, transmitting, or otherwise circulating, distributing, displaying, or performing any segment of the Website or Content;
• licensing or sublicensing any segment of the Website or Content; or
• in any manner exploiting any segment of the Website or Content.
In addition, except as provided in this Terms of Use or otherwise expressly authorized by us in writing, you are strictly prohibited from modifying Content; creating, distributing or advertising an index of any significant portion of the Content; or otherwise creating derivative works or materials that otherwise are derived from or based in any way on the Content, including mash-ups and similar videos, montages, translations, desktop themes, fonts, icons, wallpaper, greeting cards, and merchandise. This proscription against creating derivative works remains in effect even if your intention is to distribute such material without cost.
c. Copyright The copyright for all materials presented on the Website is held by Forever Drift or its affiliate(s). Except as specified herein, none of the material contained in the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the explicit prior written consent of Forever Drift. Permission is hereby granted to view, copy, print, and download the materials on the Website for personal, noncommercial use only, provided such materials are used solely for informational purposes, and all copies, or portions thereof, include this copyright notice. Forever Drift may rescind any of the aforementioned rights at any time. You are prohibited, absent Forever Drift’s prior written approval, from “mirroring” any content from the Website on another server. Upon the cessation of any rights granted hereunder, you are required to promptly destroy all downloaded and printed materials acquired from any Website. Any unauthorized use of Website content may contravene copyright laws, trademark laws, privacy and publicity statutes, and communications regulations.
d. Trademarks The trademarks, service marks, and logos (“Trademarks”) displayed and utilized on the Website are registered or unregistered Trademarks belonging to Forever Drift. Nothing on the Website shall be construed as granting, by implication, estoppel, or otherwise any license or right to use any Trademark displayed on the Website without the prior written consent of the Trademark owner. The name Forever Drift or any Trademark associated with it may not be employed in any manner, including in advertising or publicity related to the distribution of Website materials, without the express prior written consent of Forever Drift. Forever Drift forbids the use of any of its logos and Trademarks as a “hot” link to any website unless the creation of such a link is formally authorized in advance by Forever Drift in writing.
ELECTRONIC COMMUNICATIONS You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
ASSIGNMENT You are not permitted to assign any of your rights under these Terms, and any such attempt shall be null and void. Forever Drift and its affiliates may, at their sole discretion, transfer, without additional consent or notification, all contractual rights and obligations under these Terms if a portion or the entirety of Forever Drift’s business is conveyed to another entity through merger, asset sale, or other means.
NO WAIVER No waiver by Forever Drift of any term or condition stipulated in these Terms shall be construed as a subsequent or persistent waiver of that term or condition, or a waiver of any other term or condition. Any failure by Forever Drift to enforce a right or provision under these Terms does not constitute a waiver of such right or provision.
SEVERABILITY In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.
TERMINATION In the event that we terminate this Agreement, Sections 2-6, 10-23, as well as any representations, warranties, and other obligations made or taken by you, shall survive the termination of this Agreement.
ENTIRE AGREEMENT These Terms, the Agreement, and any policies or operational guidelines published by us on the Website or concerning the Website, collectively form the complete agreement and understanding between you and Forever Drift, superseding and replacing all prior or concurrent agreements. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.
QUESTIONS OR ADDITIONAL INFORMATION If you used or access the Website and have questions, please contact us by phone or email.
Tel: +1 (818) 643-1882 Email: support@foreverdrift.net