(Effective July 10, 2016)
“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
fort-tech.com; collectively the
“Websites”). These Terms do not apply to the websites of
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
YOUR USE OF THE WEBSITE IN ANY WAY SIGNIFIES THAT YOU HAVE READ, UNDERSTAND,
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
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.
From time to time, Fortian may change, remove, add to, or otherwise modify
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
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
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,
and Fortian that arose prior to the effective date of any modification,
terminate this agreement by ceasing use of the Websites.
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
made available on the Websites.
Fortian is committed to handling responsibly the information and data we
collect through our Websites and agrees to use your personal information in
Your right to use the Websites terminates automatically upon your breach of
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
- 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
on the Websites is owned and copyrighted by Fortian, ALL RIGHTS RESERVED. These
licensed under a
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.
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
- Post, use, or transmit material or Content that contains software
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
- 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
- Remove, circumvent, disable, damage, or otherwise interfere with any
security-related features that enforce limitations on the use of the
- 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):
- 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,
- 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:
- 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;
- has not reviewed any Third Party Websites or Third Party Content for
accuracy, appropriateness or completeness;
- has not sponsored or otherwise endorsed Third Party Websites or Third
Party Content; and
- 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.
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.
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
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.
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
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
of these Marks does not necessarily indicate an affiliation between Fortian and
the owner of such Marks.
Maryland, USA, exclusive of its choice of law rules. The parties agree that any
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
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
agreement between you and Fortian relating to this subject matter and supersede
all prior, contemporaneous and future communications (with the exception of
of any notice given in electronic form shall be admissible in judicial or
same extent and subject to the same conditions as other business documents and
records originally generated and maintained in printed form.
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
August 14, 2009, but
have been altered by Fortian, as permitted by the
This attribution does not indicate that Creative
Commons endorses Fortian nor Fortian’s adaptation of the Creative Commons Terms