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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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 Delaware, 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 Delaware.