Terms of Use

www.fortian.com

(Effective July 10, 2016)

Please read these Terms of Use (the “Terms of Use” or “Terms”) carefully, because they apply to your use of the Fortian Inc. (“Fortian”) website available at fortian.com (together with all sub-domains thereof, and the websites available under the domain names fortian-inc.com, fortianinc.com, and fort-tech.com; collectively the “Websites”). These Terms do not apply to the websites of Fortian’s affiliates.

Fortian, a Maryland corporation, with a mailing address of 12625 Laurel Bowie Rd #2924, Laurel, MD 20709, USA, makes the Websites available to you to use on the terms and conditions set forth in these Terms of Use.

YOUR USE OF THE WEBSITE IN ANY WAY SIGNIFIES THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF USE. By accessing or using the Websites, you also represent that you have the legal authority to accept these Terms of Use on behalf of yourself, and any party you represent, in connection with your use of the Websites. If you do not agree to these terms, you are not authorized to use the Websites.

The Websites are controlled and offered by Fortian from its facilities in the United States of America. Fortian makes no representations that the Websites are appropriate or available for use in other locations. If you are accessing or using the Websites from other jurisdictions, you do so at your own risk and you are responsible for compliance with local law.

Changes to these Terms of Use

From time to time, Fortian may change, remove, add to, or otherwise modify the Terms of Use, and reserves the right to do so in its discretion. In that case, we will post the updated Terms to the Websites and indicate the date of revision. We encourage you to periodically review the Terms of Use. In addition, if our modifications are material, we will make commercially reasonable efforts to notify you electronically. For example, we may send a message to your email address, if we have one on file, or we may display a notice on the Websites indicating that the Terms of Use have changed. All new and/or amended Terms of Use take effect immediately; provided, however, that if deemed material by Fortian, in its sole discretion, such new and/or additional material terms will be marked as such and will take effect 30 days after they are posted on the Websites. Notwithstanding the foregoing,

  1. No modification to the Terms of Use will apply to any dispute between you and Fortian that arose prior to the effective date of any modification, and
  2. If you do not agree with any modification to the Terms of Use, you may terminate this agreement by ceasing use of the Websites.
Your continued use of the Websites after new and/or revised Terms of Use are effective indicate that you have read, understood, and agreed to those Terms.

About the Websites Generally

Fortian makes the Websites available to you on these Terms. You may only use the Websites in accordance with these Terms and, in particular but without limitation, you may not use the Websites for any purpose that is unlawful or prohibited by these Terms of Use or any other conditions or notices that are made available on the Websites.

Privacy Policy

Fortian is committed to handling responsibly the information and data we collect through our Websites and agrees to use your personal information in accordance with the Privacy Policy and these Terms of Use. The Privacy Policy is hereby incorporated into these Terms.

Termination

Your right to use the Websites terminates automatically upon your breach of any of these Terms of Use.

In addition, Fortian may, at any time:

  • modify, suspend or terminate the operation of or access to the Websites, or any portion of the Websites, for any reason;
  • modify or change the Websites, or any portion of the Websites, and any applicable Terms of Use and policies governing the use of the Websites, for any reason;
  • interrupt the operation of the Websites, or any portion of the Websites, for any reason,
all as Fortian deems appropriate in its discretion.

The disclaimer of warranties, the limitation of liability, and the jurisdiction and applicable law provisions shall survive any termination. The license grants mentioned herein shall continue in effect subject to the terms of the applicable Fortian license. Your warranties and indemnification obligations shall survive any termination for one year.

Use of Content Posted to the Websites

With the exception of these Terms of Use and the Privacy Policy, all content on the Websites is owned and copyrighted by Fortian, ALL RIGHTS RESERVED. These Terms of Use and the Privacy Policy are owned and copyrighted by Fortian, and licensed under a Creative Commons Attribution 3.0 Unported License. You represent and warrant to Fortian that you will use any and all content, text, or images made available at the Websites in accordance with the applicable license.

By using the Websites, you agree that you are solely responsible for your use of any and all Content made available thereon. Under no circumstances is Fortian liable in any way for any Content, including, but not limited to: any errors or omissions in Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted to, linked to or otherwise accessible or made available via the Websites.

You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the provenance, ownership, accuracy, completeness, or reliability of such Content.

You further agree that all content posted by Fortian on the Websites is made available under the terms of the license specified on the Websites, and that all rights not expressly granted under the terms of such license are reserved to Fortian and its licensors.

User Conduct

Users of the Websites agree not to use the Websites to:

  • Post, use, or transmit material or Content that you do not have the right to post or use, for example, under intellectual property, confidentiality, privacy or other applicable laws;
  • Post, use, or transmit unsolicited or unauthorized materials or Content, including advertising or promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of unsolicited or unwelcome solicitation or advertising;
  • Post, use, or transmit material or Content that contains software viruses, malware, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise interfere with or disrupt the Websites or servers or networks connected to the Websites, or that disobeys any requirements, procedures, policies or regulations of networks connected to the Websites;
  • Post or transmit material or Content that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful, or otherwise discriminatory, false, and misleading, incites an illegal act, or is otherwise objectionable, or is otherwise in breach of your obligations to any person or contrary to any applicable laws and regulations;
  • Intimidate or harass another;
  • Use, or attempt to use, another’s account, service, or personal information;
  • Remove, circumvent, disable, damage, or otherwise interfere with any security-related features that enforce limitations on the use of the Websites;
  • Attempt to gain unauthorized access to the Websites, other accounts, or computer systems or networks connected to the Websites, through “hacking,” “password mining,” or any other means, or interfere or attempt to interfere with the proper working of the Websites or any activities conducted through the Websites;
  • Use any means to bypass or ignore robots.txt, or other measures we use to restrict access or use of our Websites; or
  • Impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  • In addition, you may not (and may not authorize another party to):
    1. frame or otherwise co-brand the Websites (for example, by displaying a name, logo, trademark, or other means of attribution of a third party that is reasonably likely to give the user the impression that that third party has the right to display, publish, or distribute these Websites; or,
    2. use the Websites in any manner that could disable, overburden, damage, or impair the Websites, or interfere with any other party’s use and enjoyment of the Websites.

Third Party Websites and Third Party Content

The Websites may contain links to websites not controlled by Fortian (“Third Party Websites”), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, informationm and other items belonging to or originating from persons or organizations other than Fortian (“Third Party Content”). You acknowledge that Fortian:

  1. is not responsible or liable for any Third Party Websites, including without limitation, the Third Party Content, information, or products made available at any Third Party Websites;
  2. has not reviewed any Third Party Websites or Third Party Content for accuracy, appropriateness or completeness;
  3. has not sponsored or otherwise endorsed Third Party Websites or Third Party Content; and
  4. makes no representations or warranties whatsoever about any Third Party Websites or Third Party Content.

DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, FORTIAN OFFERS THE WEBSITE AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WEBSITE, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, OR FITNESS FOR A PARTICULAR PURPOSE. FORTIAN DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FORTIAN DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OR THE RESULT OF USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.

LIMITATION OF LIABILITY

EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL FORTIAN, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, OR AGENTS (“THE FORTIAN PARTIES”) BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE WEBSITE (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF THE FORTIAN PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE FORTIAN PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR YOUR USE OF THE WEBSITE OR FOR THE CONDUCT OF THIRD PARTIES, WHETHER ON THE WEBSITE OR OTHERWISE RELATING TO THE WEBSITE.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS OF USE, THE LIABILITY OF THE FORTIAN PARTIES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU DIRECTLY TO FORTIAN FOR THE USE OR ENJOYMENT OF THE WEBSITE.

Indemnification for Breach of Terms of Use

You agree to indemnify and hold harmless the Fortian Parties (defined above) from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorneys fees, resulting, whether directly or indirectly, from your violation of these Terms of Use. You also agree to indemnify and hold harmless the Fortian Parties from and against any and all claims brought by third parties arising out of your use of the Websites.

Trademarks

The Websites may contain trademarks, service marks, logos and other names (“Marks”) that are the property of Fortian or such other parties as indicated with respect to that name or icon. In the case of Fortian’s Marks, all rights are reserved. You may not use Fortian’s Marks without prior authorization, in writing, from an officer of Fortian. All other Marks that appear on the Websites are property of their respective owners, and the presence of these Marks does not necessarily indicate an affiliation between Fortian and the owner of such Marks.

Other Terms of Use

These Terms of Use are governed by and construed by the laws of the State of Maryland, USA, exclusive of its choice of law rules. The parties agree that any disputes or proceedings between Fortian and you concerning these Terms of Use and the Websites shall be brought in a federal or state court of competent jurisdiction sitting in Maryland, US, and hereby consent to the personal jurisdiction and venue of such court. Either party’s failure to insist on or enforce strict performance of any of these Terms of Use shall not be construed as a waiver of any provision or right. If any term or part of these Terms of Use is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions. The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and Fortian as a result of these Terms of Use or your use of the Websites. These terms constitute the entire agreement between you and Fortian relating to this subject matter and supersede all prior, contemporaneous and future communications (with the exception of future amendments to these Terms of Use as made available by Fortian from time to time) between you and Fortian. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

These Terms of Use are Effective as of July 10, 2016.

Using these Terms of Use for Your Own Purposes

You are free to use and adapt these Terms of Use for your own purposes. However, please keep in mind that these terms, as written, may not be completely suitable for your situation. Fortian strongly encourages you to seek the advice of your own attorney or counsel before using these Terms of Use.

These Terms are based upon the “Creative Commons Terms of Use,” as of August 14, 2009, but have been altered by Fortian, as permitted by the license therein. This attribution does not indicate that Creative Commons endorses Fortian nor Fortian’s adaptation of the Creative Commons Terms of Use.