USER AGREEMENT

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE

This User Agreement (the “Agreement”) sets forth the terms and conditions which apply to your use of the Fortitech, Inc. web site (the “Site”) which is offered to you by Fortitech, Inc. (“Fortitech”).

BY USING THIS SITE, YOU AGREE TO THE TERMS OF THIS USER AGREEMENT AS WELL AS ALL OTHER POLICIES DESCRIBED IN THIS SITE JUST AS IF YOU HAD SIGNED THE USER AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE DISCONTINUE YOUR USE OF THE SITE.

These terms may be changed from time to time without further notice. Your continued use of the Site after any such changes constitutes your acceptance of the new terms. Fortitech may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features, at any time. Fortitech may impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.

These terms apply exclusively to your access to and use of the Site and do not alter the terms and conditions of any other agreement you may have with Fortitech.

1. Restrictions on Use.

(a) General.This Site is owned and operated by Fortitech and contains material which is derived in whole or in part from material supplied and owned by Fortitech and other sources, and is protected by copyright, trademark, and other applicable laws. Fortitech may terminate your use of the Site at any time in its sole discretion.

(b) Rules. It is a condition of your use of this Site that you do not:

(i) restrict or inhibit any other user from using and enjoying the Site;
(ii) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
(iii) post or transmit comments containing harassing or offensive language, including but not limited to sexual references, sexual nicknames, racial slurs or rude or deliberately offensive comments or engage in disruptive activities online, including excessive use of scripts, sound waves, scrolling messages (repeating the same message over and over), or use viruses, bots, worms or trojan horses or engage in any Denial of Service (DOS) activities;
(iv) post or transmit any information, software or other material which violates or infringes the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder;
(v) post, transmit or in any way exploit any information, software or other material for commercial purposes or which contains advertising;
(vi) solicit other users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in legal or illegal schemes or plan or participate in scams involving other users;
(vii) impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity;
(viii) resell, redistribute, broadcast or transfer the information or use the information in a searchable, machine-readable database; or
(ix) use the Site to collect personally identifying information about users of the Site in violation of our Privacy Policy.
You agree that you will not use the Site, including the information provided therein and all related equipment, networks and network devices (specifically including Internet access) for any unlawful purpose. Fortitech, at its sole and absolute discretion, shall determine whether any information transmitted or received violates this provision.

(c) Monitoring. You acknowledge that Fortitech and/or its service provider reserve the right to, and may from time to time, monitor any and all information transmitted or received through the Site, for operational and other purposes. During monitoring, information may be examined, recorded, copied, and used for authorized purposes in accordance with our Privacy Policy. Use of the Site constitutes consent to such monitoring.

2. License.

Except as set forth in the Privacy Policy, by uploading files, inputting data, sending e-mail, or engaging in any other form of communication (a “Communication”), you are granting Fortitech a royalty-free, irrevocable, perpetual, non-exclusive, unrestricted, worldwide license to (i) use, copy, sublicense, adapt, transmit, publicly perform or display any such Communication, and (ii) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Communication. No Communication shall be subject to any obligation of confidence on the part of Fortitech. The foregoing grants shall include the right to exploit any proprietary rights in such Communication including, but not limited to, rights under copyright, trademark, service mark, or patent laws in any relevant jurisdiction.

3. Content Disclaimer.

THE INFORMATION POSTED TO THE SITE IS NOT INTENDED TO PROVIDE ADVICE. Fortitech does not guarantee the accuracy, completeness or timeliness of the information posted to the Site. All content available through this Site is believed to be accurate. However, you should independently evaluate the accuracy of the information and the usefulness for your particular needs of any product or service available through this Site. Specifications for products and services are subject to change without notice, and Fortitech reserves the right to make changes without notice to processing, materials, or configuration. All information on this Site is subject to the disclaimers of sections 5 and 6 below.

4. Links and Third Party Content.

(a) Links to Other Web sites. Fortitech may from time to time provide links and pointers to internet sites maintained by third parties (“third party sites”) and provide third party materials on this Site. These links are provided as a convenience and do not constitute an endorsement, sponsorship or recommendation by Fortitech of – or responsibility for – the third parties or the linked third party sites or any content, services or products available on or through such third parties. Neither Fortitech, its subsidiary companies nor their affiliates or suppliers operate or control in any respect any information, products or services on these third party sites.

(b) Links from Other Web sites. All links to this Site from a third party site must be approved in writing by Fortitech, except that Fortitech consents to links in which: (1) the link is a text-only link containing only the title of the home page of this Site, (2) the link “points” only to the home page of the Site and not to deeper pages, (3) the link, when activated by a user, displays the home page of the Site full-screen and not within a “frame” on the linked web site, (4) the appearance, position, and other aspects of the link may not (i) create the false appearance that an entity or its activities or products are associated with or sponsored by Fortitech or its affiliates, or (ii) be such as to damage or dilute the goodwill associated with the name and trademarks of Fortitech or its affiliates. Fortitech reserves the right to revoke this consent to link at any time in its sole discretion.
(c) Third Party Content. This Site may from time to time contain material, data or information provided, posted or offered by third parties, including but not limited to news items, research data, advertisements or postings on the web site and/or in the FortiSource database. You agree that neither Fortitech nor its affiliates shall have any liability whatsoever to you for any such third party material, data or information.

5. Disclaimer of Warranties.

THE MATERIALS IN THIS SITE AND THE THIRD PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FORTITECH AND SERVICE PROVIDER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER FORTITECH NOR SITE PROVIDER WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS AND PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING THE COMMUNITY AREAS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FORTITECH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE OR IN THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU ASSUME ALL RISK OF ERRORS AND/OR OMISSIONS IN THE SITE, INCLUDING THE TRANSMISSION OR TRANSLATION OF INFORMATION. YOU ASSUME FULL RESPONSIBILITY FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKS TO SATISFY YOUR REQUIREMENTS FOR THE ACCURACY AND SUITABILITY OF THE SITE, INCLUDING THE INFORMATION, AND FOR MAINTAINING ANY MEANS WHICH YOU MAY REQUIRE FOR THE RECONSTRUCTION OF LOST DATA OR SUBSEQUENT MANIPULATIONS OR ANALYSES OF THE INFORMATION PROVIDED HEREUNDER. YOU (AND NOT FORTITECH) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION.

6. Limitation of Liability. IN NO EVENT SHALL FORTITECH, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS, SUBSIDIARY COMPANIES OR THEIR AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF FORTITECH OR ANY OF THEIR AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER FORTITECH, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS, SUBSIDIARY COMPANIES NOR THEIR AFFILIATES OR SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS SITE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

7. Indemnification.

You agree to defend, indemnify and hold harmless Fortitech, its service provider, their affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the Site; (c) any non-compliance by you with the terms and conditions of this agreement; and (d) claims brought by persons or entities other than the parties to this Agreement arising from or related to your access and use of the Site, including the information obtained through the Site.
8. Termination. This Agreement shall remain in full force and effect unless terminated, suspended, or canceled for any of the following reasons: (a) upon thirty (30) days written notice by any party of its intent to terminate this Agreement; (b) immediately by Fortitech for any unauthorized access or use by you, including, without limitation (i) concurrent access of the Site with identical user identification numbers, (ii) permitting another person or entity to use your user identification number to access the Site, or (iii) any other access or use of the Site except as expressly provided in this Agreement; or (c) immediately, if you violate the terms and conditions of this Agreement or the rules and regulations relating to the use of, or tamper with or alter any of the software and/or data files contained in, or accessed through, the Site. Termination, suspension, or cancellation of this Agreement or your access rights shall not affect any right or relief to which Fortitech or its service provider may be entitled, at law or in equity, and the obligations of the User set forth in Sections 5-7 shall survive termination. Upon termination of this Agreement, all rights granted to you will terminate and revert to Fortitech and its licensors.

9. Proprietary Rights.

(a) Trademarks. Fortitech, FortiSource and the Fortitech logo are trademarks of Fortitech. All trademarks, service marks, custom graphics, and trade names used on the Site are the property of Fortitech or its respective owners, and may not be copied, imitated, downloaded or otherwise used, reproduced or exploited in any way, in whole or in part, without the prior written permission of Fortitech or the owner of such trademark, service mark or trade name.

(b) Copyrights. Fortitech reserves copyrights in all contents of this Site including, but not limited to, design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement. The contents of this Site may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, without Fortitech’s prior written permission, except that you may download and print content for your personal non-commercial use, provided that you keep all copyright or other proprietary notices intact. Please note that this limited consent may be revoked at any time and does not include consent to republish Site information on any other internet, intranet, or extranet site or to incorporate the information in any other database or compilation. Any other use of the content of the Site is strictly prohibited. You further agree that you will not systematically extract, collect or harvest, through electronic means or otherwise, any data or data fields from this Site, including but not limited to customer identities.

10. Modification.

Fortitech reserves the right to amend this Agreement, and to modify, add or discontinue any aspect, content, or feature of the Site. Such amendments, modifications, additions or deletions shall become effective upon notice thereof, which may be provided to you by posting on the Site, via e-mail or any other reasonable means. Continued use of the Site by you shall be deemed to indicate your acceptance of any such amendments, modifications, additions or deletions.

11. Jurisdiction.

Unless otherwise specified, the materials on this Site are presented solely to provide information regarding and to promote Fortitech’s products and services available in the United States, its territories, possessions and protectorates. This Site is controlled and operated by Fortitech from its offices within the State of New York, United States of America. Fortitech and its service provider make no representation that materials on this Site are appropriate or available for use outside the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable.

12. Miscellaneous.

(a) This Agreement shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any principles of conflicts of law.

(b) You may not assign any of your rights, obligations or privileges hereunder without the prior written consent of Fortitech. Any assignment other than as provided for in this Section shall be null and void and of no force and effect, ab initio.

(c) If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

(d) No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default.

(e) The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.