(Effective February 5, 2009)
The Website is controlled and offered by Fortian from its facilities in the United States of America. Fortian makes no representations that the Website is appropriate or available for use in other locations. If you are accessing or using the Website from other jurisdictions, you do so at your own risk and you are responsible for compliance with local law.
About the Website Generally
In addition, Fortian may, at any time:
- modify, suspend or terminate the operation of or access to the Website, or any portion of the Website, for any reason;
- interrupt the operation of the Website, or any portion of the Website, 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 Website
By using the Website, 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 Website.
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 Website is made available under the terms of the license specified on the Website, and that all rights not expressly granted under the terms of such license are reserved to Fortian and its licensors.
Users of the Website agree not to use the Website 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 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 Website or servers or networks connected to the Website, or that disobeys any requirements, procedures, policies or regulations of networks connected to the Website;
- 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 Website;
- Attempt to gain unauthorized access to the Website, other accounts, or computer systems or networks connected to the Website, through "hacking," "password mining," or any other means, or interfere or attempt to interfere with the proper working of the Website or any activities conducted through the Website;
- Use any means to bypass or ignore robot.txt, or other measures we use to restrict access or use of our Website; 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 Website (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 this Website; or,
- use the Website in any manner that could disable, overburden, damage or impair the Website, or interfere with any other party's use and enjoyment of the Website.
Third Party Websites and Third Party Content
The Website may contain links to websites not controlled by Fortian ("Third Party Websites"), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information and other Stories or 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 Website;
- 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 Website may contain trademarks, service marks, logos and other names ("Marks") that are the property of Fortian or such other party 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 Website are property of their respective owners, and their presence of these Marks does not necessarily indicate an affiliation between Fortian and the owner of such Marks.
Copyright © 2003-2013 Fortian. All rights reserved.
The Fortian name is a registered trademark of Fortian Inc.
The Fortian logo and the phrase "Redefining Network Technology" are trademarks of Fortian Inc.