Terms of Use

Acceptance Of Terms

This Agreement contains the complete terms and conditions that apply to your participation in the Fortify 24×7® website located at Fortify24x7.com, and associated sub-domains (the “Site”). If you wish to use the Site, including its tools and services, please read these terms of use carefully. By accessing this Site or using any part of the Site or any content or services hereof, you agree to become bound by these terms and conditions. If you do not agree to all the terms and conditions, then you may not access the Site or use the content or any services in the Site.

Modifications Of Terms Of Use

Amendments to this Agreement can be made and effected by us from time to time without specific notice to you. The Agreement posted on the Site reflects the latest agreement and you should carefully review the same before you use our Site.

Links And Framings

Illegal and/or unauthorized uses of the Services, including unauthorized framing of or linking to the Sites will be investigated, and appropriate legal action may be taken. Some links, however, are welcome to the Site and you are allowed to establish hyperlinks to the appropriate part within the Site, provided that: (i) you post your link only within the forum, chat or message board section; (ii) you do not remove or obscure any advertisements, copyright notices or other notices placed at the Site; (iii) the link does not state or imply any sponsorship or endorsement of your site and (iv) you immediately stop providing any links to the Site on written notice from us. However, you must check the copyright notice on the homepage to which you wish to link to make sure that one of our content providers does not have its own policies regarding direct links to their content on our Sites.

Warranty Disclaimer And Exclusions / Limitations Of Liability

WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND THEREFORE, WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. THIS SITE IS FOR INFORMATIONAL PURPOSES ONLY AND WE INTEND TO PROVIDE ACCURATE AND RELIABLE INFORMATION, HOWEVER ERRORS CAN OCCUR OCCASIONALLY. THEREFORE, THE INFORMATION, CONTENT AND SERVICES ON THE SITE ARE PROVIDED ON AN “AS IS” BASIS. WE MAY CHANGE, RESTRICT ACCESS TO, SUSPEND OR DISCONTINUED THE SITE OR ANY PART OF IT AT ANY TIME. WHEN YOU USE THE SITE AND OR PARTICIPATE THEREIN, YOU UNDERSTAND AND AGREE THAT YOU PARTICIPATE AT YOUR OWN RISK. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THIS SITE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NEED, OR ACCURACY AND NONINFRINGEMENT.

Trademarks And Intellectual Property Rights

Any trademarks, logos and service marks (“Marks”) displayed on our Site are the property of the Company or other third parties. You may not use these Marks without the prior written consent of the Company or such third party which may own the Mark.

You hereby acknowledge all rights, titles and interests, including but not limited to, rights covered by the Intellectual Property Rights, in and to the Site, and that you will not acquire any right, title, or interest in or to the Site. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Site or proprietary information related thereto.

At any given time, we may have patents, patent applications, trademarks, copyrights or other intellectual property rights covering subject matter in this document. Unless expressly provided in any written license agreement from the Company, the furnishing of this Site or documents contained on this Site do not give you any license to any patents, trademarks, copyrights or other intellectual property.

Product and Service Availability

Not all products or services that we provide will be available in your country. Please visit our Site or contact your local sales representative for more information regarding the availability of our products and services in your country.

Severability Of Terms

In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.

Governing Law; Jurisdiction; Forum

This Agreement shall be governed by and construed in accordance with the substantive laws of the State of California, U.S.A., without regard to conflicts of law rules or principles that would dictate a different governing law. Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Orange County, California, to the exclusion of any other courts.

Privacy Policy

We have a Privacy Notice that informs you of the types of information we collect about you when you visit our Site and use any of our software or services, including the reason we collect such information and how we safeguard it.

Entire Agreement

The Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the contents and materials provided by or through the Site, and the subject matter of this Agreement.