FortyNorth maintains the www.fortynorthsecurity.com website (“Website”). By using the Website, you agree that you have read, understand, and agree to these terms of use (“Terms of Use”), which incorporate our Privacy Policy. By accessing the Website, you (“User”) accept, without limitation or qualification, and agree to be bound by and abide by these Terms of Use. FortyNorth may revise and update these Terms of Use from time to time in its sole discretion and your continued use of the Website following such posting means that you accept and agree to any and all changes to the Terms of Use.
Use of Website. Subject to these Terms of Use, we grant to you a limited, personal, non-exclusive, non-transferable license to use the Website for your personal use and not for resale or further distribution. Your right to use the Website is limited by the terms set forth in these Terms of Use. Except for this license granted to you, we retain all right, title, and interest in and to the Website, including all related intellectual property rights. The Website is protected by applicable intellectual property laws, including United States copyright law and international treaties.
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to:
Third-Party Linking. You may not create a link to the Website without the prior written consent of FortyNorth. Our Website may contain links to other Websites, including various social media Websites. FortyNorth does not regularly review materials on sites linked to from the Website and does not necessarily endorse the materials appearing on any sites linked to or from the Website. FortyNorth assumes no responsibility for the content or the policies and practices of such other sites. We encourage you to be aware when you leave the Website and to read the privacy policies of any other site that you visit.
Materials on the Website. Unless otherwise indicated, the Website and the material on the Website, including but not limited to all text, HTML code, graphics, button images, and the site design and "look and feel," are owned or licensed by FortyNorth and are protected pursuant to U.S. and foreign copyright, trademark, and other laws. No intellectual property or other rights in or to the Website or its contents are transferred to you. The information provided on the Website is provided solely for illustrative and/or informational purposes and does not create any business, contractual or employment relationship. “FortyNorth” and any and all other services marks or trademarks used on the Website are the registered and/or unregistered service marks or trademarks of FortyNorth or its licensors. The use of these or any other service marks or trademarks on the Website is prohibited without express written permission from us and/or the owner of any such service mark or trademark.
Software Content. Software, in both source and binary forms, sample code, APIs, SDKs, associated documentation, and other related materials (collectively, “Software Content”) may be available for download on certain parts of the Website. FortyNorth or its licensors own and retain all rights in such Software Content, including all applicable intellectual property rights. Nothing in these Terms of Use grants any right or license to Software Content. Software Content is governed by its own separate terms and conditions and all use of Software Content must be in accordance with the specified license(s), which may include, but is not limited to, FortyNorth's End User License Agreement, FortyNorth software development licenses (e.g., FortyNorth API, SDK, and Sample Code licenses), and free/open source software licenses, as applicable.
Your Content. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at [email protected] and provide our copyright agent, in writing, the following information required by the Digital Millennium Copyright Act, 17 U.S.C. § 512: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; (iii) identification of the URL or other specific location on the Website where the material that you claim is infringing is located; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. FortyNorth’s agent for notice of claims of copyright infringement on this site can be reached using the contact information below.
Certain areas of the Website may be password restricted to registered users (“Password-Protected Areas”). If you have registered as an authorized user to gain access to these Password-Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to immediately notify FortyNorth if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. Any information presented to you in Password-Protected Areas is the confidential information of FortyNorth, and you agree that you will not disclose such information to any third party, or use such information for any purpose other than receiving service from FortyNorth under a separate agreement. You agree that you are entirely responsible for any and all activities that occur under your account, whether or not you are the individual who undertakes such activities.
Users of the Website may have the opportunity to post information to the Website, including reviews and comments. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the Website are those of the respective authors or producers and not of FortyNorth, or its shareholders, directors, officers, or employees.
FortyNorth does not control the content posted by third parties via the Website and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the Website, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will FortyNorth, its shareholders, directors, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Website. It is your responsibility to evaluate the information, opinion, advice, or other content available.
You agree that FortyNorth is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (each, a "Submission"), including, without limitation, responses to questionnaires or through postings to the Website without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Website and our products and services. Furthermore, by posting any Submission on the Website, submitting information to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, fully paid, royalty-free, irrevocable, sublicenseable, worldwide license and right to display, use, perform, reproduce, modify, distribute and create derivative works of the Submission or information submitted in any media, software, or technology of any kind now existing or developed in the future. By posting or providing a Submission or information, you represent and warrant that public posting and use of your Submission or information by FortyNorth will not infringe on or violate the rights of any third party.
You are solely responsible for any content and other material that you submit, publish or display on the Website or transmit to other members and/or other users of the Website.
You will not use the Website to:
If you see content on the Website that violates these use restrictions, please contact FortyNorth at [email protected].
THE MATERIAL ON THE WEBSITE IS PROVIDED ’AS IS’ AND ‘AS AVAILABLE’ AND IS WITHOUT WARRANTY OF ANY KIND. FORTYNORTH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE WEBSITE AND THE MATERIAL ON THE WEBSITE. FORTYNORTH ALSO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE ON THE WEBSITE IS ACCURATE, COMPLETE, OR CURRENT. FORTYNORTH MAKES NO REPRESENTATION THAT MATERIALS IN THE WEBSITE ARE LEGALLY ACCESSIBLE FROM ANY PARTICULAR LOCATION AND ACCESS TO THEM FROM TERRITORIES WHERE THEIR CONTENTS ARE ILLEGAL IS PROHIBITED. FORTYNORTH ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE WEBSITE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE WEBSITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT SHALL FORTYNORTH BE LIABLE FOR ANY DAMAGES OF ANY KIND OR CHARACTER, INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF FORTYNORTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR THE CONTENTS OF THE WEBSITE. CERTAIN STATE LAWS MAY NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, AND THUS SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
You will indemnify and hold FortyNorth harmless from and against any and all claims, losses, and damages, including attorneys’ fees, that arise in connection with your use of the Website or your breach of these Terms of Use and/or the Privacy Policy.
FortyNorth follows generally accepted industry standards to protect the information collected on the Website. That said, no data security measures are 100% secure. Therefore, while FortyNorth implements reasonable physical, technical and administrative measures to protect the information it collects, FortyNorth cannot guarantee the absolute security of such information.
FortyNorth has the right to change these Terms of Use without prior notification to you. If FortyNorth makes a change to these Terms of Use, it will change the “Effective Date” at the top of this page. FortyNorth suggests you review these Terms of Use from time to time.
These Terms of Use shall be governed by the laws of the Commonwealth of Virginia without regard to its conflicts of law rules. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms of Use or your use of the Website will lie in the State and Federal courts located in the County of Loudoun, Virginia, and you irrevocably agree to submit to the jurisdiction of such courts. The failure of FortyNorth to enforce any right or provision in these Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by FortyNorth in writing. In the event that a court of competent jurisdiction finds any provision of these Terms of Use to be illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect.
If you have any questions or concerns about the Website or these Terms of Use, please send us a thorough description by email to [email protected], or write to us at:
FortyNorth Security, LLC 43135 Arundel Court Ashburn, Virginia 20148