Terms & Conditions

The following terms and conditions govern all use of the fortimize.com website (“Website”) and all content, services and products available at or through the Website. The Website is owned and operated by Force Optimized LLC (d.b.a. Fortimize). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, the Fortimize Privacy Policy – below) and procedures that may be published from time to time on this Site by Fortimize (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. 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 and conditions are considered an offer by Fortimize, acceptance is expressly limited to these terms. Fortimize does not knowingly collect data regarding the age of visitors to the Website, nor do we target anyone based on age.

1. Your fortimize.com Account. You agree that you are liable for purchases made through your fortimize.com Account and assume responsibility for taking reasonable action to safeguard your account information to prevent unauthorized purchases. You further agree to notify Fortimize promptly should you become aware of any actual or potential compromise of your Account information so that Fortimize may take appropriate actions to safeguard the legal interests of Fortimize.

2. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which fortimize.com links, and that link to fortimize.com. Fortimize does not have any control over those non-Fortimize websites and webpages, and is not responsible for their contents or their use. By linking to a non-Fortimize website or webpage, Fortimize does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Fortimize disclaims any responsibility for any harm resulting from your use of non-Fortimize websites and webpages.

3. Copyright Infringement and DMCA Policy. As Fortimize asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by fortimize.com violates your copyright, you are encouraged to notify Fortimize in accordance with the Fortimize Digital Millennium Copyright Act (”DMCA”) Policy. Fortimize will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.

4. Intellectual Property. This Agreement does not transfer from Fortimize to you any Fortimize or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Fortimize. Fortimize, fortimize.com, the Fortimize logo, and all other trademarks, service marks, graphics and logos used in connection with fortimize.com, are trademarks or registered trademarks of Fortimize or Fortimize licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Fortimize or third-party trademarks.

5. Changes. Fortimize reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Fortimize may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall be subject to the terms and conditions of this Agreement.

6. Termination. Fortimize may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your fortimize.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

7. Disclaimer of Warranties. The Website is provided “as is”. Fortimize and its affiliates and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Fortimize nor its affiliates and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted.

8. Limitation of Liability. In no event will Fortimize, or its affiliates or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; or (iii) for any amounts that exceed the fees paid by you to Fortimize. Fortimizeshall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

9. Indemnification. You agree to indemnify and hold harmless Fortimize, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.

10. Miscellaneous. This Agreement constitutes the entire agreement between Fortimize and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Fortimize, or by the posting by Fortimize of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Carlsbad, California.

Privacy Policy

Information That Is Gathered

In common with other websites, log files are stored on the web server saving details such as the visitor’s IP address, browser type, referring page and time of visit.

When you use the Website, Fortimize will collect and analyze certain non-personally-identifiable information such as meta-data generated and stored on your computer systems and collected through the Google App Engine, the Internet protocol (IP) address used to connect your computer to the Internet; computer and connection information such as your browser type and version, operating system, and platform; and Website usage patterns and trends. Customers of the Service may be offered a “cookie”, which can be described as a small text file containing information that is transferred to a visiting computer’s hard drive for record-keeping purposes during a visit. The use of cookies enables us to analyze usage and traffic patterns. A cookie will not give us access to data stored on your computer or to any information other than what is voluntarily provided to us. Most web browsers will automatically accept cookies. There are many methods and applications available for disabling a browser’s handling of cookies, or restricting the exchange of data.

The use of cookies by our partners, affiliates, tracking utility company, service providers is not covered by our privacy statement. We do not have access or control over these cookies. Our partners, affiliates, tracking utility company, service providers may use session ID cookies to make it easier for you to navigate our site.

We will use proprietary and third-party products and certain software tools to measure, collect, and analyze the foregoing collected data. We do this in order to analyze the use and performance of the Service and to better understand the needs of our customers. Additionally, we may use non-personally identifiable information for marketing, survey purposes, and Website utilization analyses.

The information that is collected using the foregoing data and tools is never sold to or shared with any unauthorized third party.

By using the Service, you have consented to the collection and use of the data provided to us as outlined in this Privacy Policy.

Where registration or completion of a form is required, the visitor’s information shared may be stored on our mail server along with any information shared on the form and/or user preferences.

How The Information Is Used

The information is used to enhance the visitor’s experience when using the website to display personalized content.

E-mail addresses will not be sold, rented or leased to third parties.

If you make a purchase, we will send you a confirmation email.

If you sign up for our mailing list, we will send you informational emails about offers of services.  At any time, you can ‘unsubscribe’ yourself from our email list simply by clicking the ‘unsubscribe’ button.  It may take some time to remove you from the list, but we will!

Customer Options

If you have subscribed to one of our services, you may unsubscribe by following the instructions which are included in the e-mail that you receive.

You may be able to block cookies via your browser settings and this may prevent you from access to certain features of the website.

Cookies

Cookies are small digital signature files that are stored by your web browser that allow your preferences to be recorded when visiting the website. The site won’t work properly if cookies are turned off.  Also they may be used to track your return visits to the website.

Changes to Policy

We reserve the right to change this policy at some future date. Changes will be posted on the Website.

Questions

If you have any questions, please contact us at:

Fortimize
2173 Salk Avenue, Suite 250
Carlsbad, California 92008
760-444-0184
legal@forceoptimized.com