Effective: October 26, 2016
Fortify 24×7 Services Agreement
IF YOU LIVE IN (OR YOUR PRINCIPAL PLACE OF BUSINESS IS IN) THE UNITED STATES, PLEASE READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 15. IT AFFECTS HOW DISPUTES ARE RESOLVED.
These terms (“Terms”) cover the use of those Fortify 24×7’s consumer products, websites, and services listed here (the “Services”). You accept these Terms by creating a Fortify 24×7 account, through your use of the Services, or by continuing to use the Services after being notified of a change to these Terms.
Many of our Services allow you to store or share Your Content or receive material from others. We don’t claim ownership of Your Content. Your Content remains Your Content and you are responsible for it.
When you share Your Content with other people, you understand that they may be able to, on a worldwide basis, use, save, record, reproduce, transmit, display (and on HealthVault delete) Your Content without compensating you. If you do not want others to have that ability, do not use the Services to share Your Content. You represent and warrant that for the duration of these Terms, you have (and will have) all the rights necessary for Your Content that is uploaded, stored, or shared on or through the Services and that the collection, use, and retention of Your Content will not violate any law or rights of others. Fortify 24×7 cannot be held responsible for Your Content or the material others upload, store or share using the Services.
To the extent necessary to provide the Services to you and others, to protect you and the Services, and to improve Fortify 24×7 products and services, you grant to Fortify 24×7 a worldwide and royalty-free intellectual property license to use Your t.
Code of Conduct
- By agreeing to these Terms, you’re agreeing that, when using the Services, you will follow these rules:
- Don’t do anything illegal.
- Don’t engage in any activity that exploits, harms, or threatens to harm children.
- Don’t send spam. Spam is unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages), or instant messages.
- Don’t publicly display or use the Services to share inappropriate Content or material (involving, for example, nudity, bestiality, pornography, graphic violence, or criminal activity).
- Don’t engage in activity that is false or misleading (e.g., asking for money under false pretenses, impersonating someone else, manipulating the Services to increase play count, or affect rankings, ratings, or comments).
- Don’t circumvent any restrictions on access to or availability of the Services.
- Don’t engage in activity that is harmful to you, the Services, or others (e.g., transmitting viruses, stalking, posting terrorist content, communicating hate speech, or advocating violence against others).
- Don’t infringe upon the rights of others (e.g., unauthorized sharing of copyrighted music or other copyrighted material, resale or other distribution of Bing maps, or photographs).
- Don’t engage in activity that violates the privacy of others.
- Don’t help others break these rules.
- If you violate these Terms, we may stop providing Services to you or we may close your Fortify 24×7 account . We may also block delivery of a communication (like email or instant message) to or from the Services to enforce these Terms or we may remove or refuse to publish Your Content for any reason. When investigating alleged violations of these Terms, Fortify 24×7 reserves the right to review Your Content in order to resolve the issue. However, we cannot monitor the entire Services and make no attempt to do so.
Services & Support.
You’ll need a Fortify 24×7 account to access many of the Services. Your Fortify 24×7 account lets you sign in to products, websites and services provided by Fortify 24×7 and some Fortify 24×7 partners
You can create a Fortify 24×7 account by signing up online. You agree not to use any false, inaccurate or misleading information when signing up for your Fortify 24×7 account. In some cases, a third party, like your Internet service provider, may have assigned a Fortify 24×7 account to you. If you received your Fortify 24×7 account from a third party, the third party may have additional rights over your account, like the ability to access or delete your Fortify 24×7 account. Please review any additional terms the third party provided you, as Fortify 24×7 has no responsibility regarding these additional terms. If you create a Fortify 24×7 account on behalf of an entity, such as your business or employer, you represent that you have the legal authority to bind that entity to these Terms. You cannot transfer your Fortify 24×7 account to another user or entity. To protect your account, keep your account details and password confidential. You are responsible for all activity that occurs under your Fortify 24×7 account .
You must use your Fortify 24×7 account to keep it active. This means you must sign in at least once in a five-year period to keep your Fortify 24×7 account, and associated Services, active, unless provided otherwise in an offer for a paid portion of the Services. If you don’t sign in during this time, we will assume your Fortify 24×7 account is inactive and will close it for you. If we reasonably suspect that your Fortify 24×7 account is being used by a third party fraudulently (for example, as a result of an account compromise), Fortify 24×7 may suspend your account until you can reclaim ownership. Based on the nature of the compromise, we may be required to disable access to some or all of Your Content.
By using the Services, you represent that you have either reached the age of “majority” where you live or have valid parent or legal guardian consent to be bound by these Terms. If you do not know whether you have reached the age of majority where you live, or do not understand this section, please ask your parent or legal guardian for help before you create a Fortify 24×7 account. If you are the parent or legal guardian of a minor that creates a Fortify 24×7 account, you accept these Terms on the minor’s behalf and are responsible for all use of the Fortify 24×7 account, Skype account, or Services, including purchases, whether the minor’s account is now open or created later.
You can cancel specific Services or close your Fortify 24×7 account at any time and for any reason. To close your Fortify 24×7 account.
If your Services are canceled or your Fortify 24×7 account is closed (whether by you or us), a few things happen. First, your right to use the Services stops immediately and your license to use the software related to the Services ends. Second, we’ll delete Data or Your Content associated with your Fortify 24×7 account or will otherwise disassociate it from you and your Fortify 24×7 account (unless we are required by law to keep it). You should have a regular backup plan as Fortify 24×7 won’t be able to retrieve Your Content or Data once your account is closed. Third, you may lose access to material or products you’ve acquired.
You can sign into certain Fortify 24×7 services with a work or school email address. If you do, you agree that the owner of the domain associated with your email address may control and administer your account, and access and process your data, including the contents of your communications and files. You further agree that your use of the services may be subject to the agreements that Fortify 24×7 has with you or your organization and these terms do not apply. If you use a work or school email address to access Services covered under these Terms, you may be prompted to update the email address associated with your Fortify 24×7 account to continue accessing such Services.
To use many of the Services, you’ll need an internet connection and/or data/cellular plan. You might also need additional equipment, like a headset, camera or microphone. You are responsible for providing all connections, plans, and/or equipment needed to use the Services and for paying the fees charged by the provider(s) of your connections, plans, and equipment. Those fees are in addition to any fees you pay us for the Services and we will not reimburse you for such fees. Check with your provider(s) to determine if there are any such fees that may apply to you.
When there’s something important to tell you about a Service you use, we’ll send you Service notifications to the email associated with your Fortify 24×7 account. If you gave us your cell phone number when creating your Fortify 24×7 account, then we may send Service notifications to you via SMS (text message), including to verify your identity before registering your mobile phone number. Data or messaging rates may apply when receiving notifications via SMS.
Customer support for the Services is available at http://support.Fortify 24×7.com.
Using Third-Party Apps and Services
The Services, Third-Party Apps and Services, or material or products offered through the Services may be unavailable from time to time, may be offered for a limited time, or may vary depending on your region or device. If you change the location associated with your Fortify 24×7 account, you may need to re-acquire the material or applications that were available to you and paid for in your previous region.
We strive to keep the Services up and running; however, all online services suffer occasional disruptions and outages, and Fortify 24×7 is not liable for any disruption or loss you may suffer. In the event of an outage, you may not be able to retrieve Your Content or Data that you’ve stored. We recommend that you regularly backup Your Content that you store on the Services or store using Third-Party Apps and Services.
Updates to the Services or Software, and Changes to These Terms
We may change these Terms at any time, and it is your responsibility to periodically review the Terms and stay informed of any changes. Using the Services after the changes become effective means you agree to the new terms. If you don’t agree to the new terms, you must stop using the Services, close your Fortify 24×7 account and/and, if you are a parent or guardian, help your minor child close his or her Fortify 24×7 account.
We may automatically check your version of the software and download software updates or configuration changes. You may also be required to update the software to continue using the Services. Such updates are subject to these Terms unless other terms accompany the updates, in which case, those other terms apply. Fortify 24×7 isn’t obligated to make any updates available and we don’t guarantee that we will support the version of the system for which you licensed the software.
Additionally, there may be times when we need to remove or change features or functionality of the Service or stop providing a Service or access to Third-Party Apps and Services altogether. Except to the extent required by applicable law, we have no obligation to provide a re-download or replacement of any material, Digital Goods, or applications previously purchased. We may release the Services or their features in a beta version, which may not work correctly or in the same way the final version may work.
So that you can use material protected with digital rights management (DRM), like some music, games, movies and more, DRM software may automatically contact an online rights server and download and install DRM updates.
Unless accompanied by a separate Fortify 24×7 license agreement, any software provided by us to you as part of the Services is subject to these Terms.
If you comply with these Terms, we grant you the right to install and use one copy of the software per device on a worldwide basis for use by only one person at a time as part of your use of the Services. The software or website that is part of the Services may include third-party code. Any third-party scripts or code, linked to or referenced from the software or website, are licensed to you by the third parties that own such code, not by Fortify 24×7. Notices, if any, for the third-party code are included for your information only.
The software is licensed, not sold, and Fortify 24×7 reserves all rights to the software not expressly granted by Fortify 24×7, whether by implication, estoppel, or otherwise. This license does not give you any right to, and you may not:
- circumvent or bypass any technological protection measures in or relating to the software or Services;
- disassemble, decompile, decrypt, hack, emulate, exploit, or reverse engineer any software or other aspect of the Services that is included in or accessible through the Services, except and only to the extent that the applicable copyright law expressly permits doing so;
- separate components of the software or Services for use on different devices;
- publish, copy, rent, lease, sell, export, import, distribute, or lend the software or the Services, unless Fortify 24×7 expressly authorizes you to do so;
- transfer the software, any software licenses, or any rights to access or use the Services;
- use the Services in any unauthorized way that could interfere with anyone else’s use of them or gain access to any service, data, account, or network;
- enable access to the Services or modify any Fortify 24×7-authorized device by unauthorized third-party applications.
If you purchase a Service, then these payment terms apply to your purchase and you agree to them.
If there is a charge associated with a portion of the Services, you agree to pay that charge. The price stated for the Services excludes all applicable taxes and currency exchange settlements, unless stated otherwise. You are solely responsible for paying such taxes or other charges. Taxes are calculated based on your location at the time your Fortify 24×7 account was registered. We may suspend or cancel the Services if we do not receive an on time, full payment from you. Suspension or cancellation of the Services for non-payment could result in a loss of access to and use of your account and its content. Connecting to the Internet via a corporate or other private network which masks your location may cause charges to be different from those displayed for your actual location.
To pay the charges for a Service, you will be asked to provide a payment method at the time you sign up for that Service. You can access and change your billing information and payment method on the Fortify 24×7 account management website. Additionally, you agree to permit Fortify 24×7 to use any updated account information regarding your selected payment method provided by your issuing bank or the applicable payment network. You agree to promptly update your account and other information, including your email address and payment method details, so we can complete your transactions and contact you as needed to discuss your transactions. Changes made to your billing account will not affect charges we submit to your billing account before we could reasonably act on your changes to your billing account.
By providing Fortify 24×7 with a payment method, you:
- represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate;
- authorize Fortify 24×7 to charge you for the Services or available content using your payment method;
- authorize Fortify 24×7 to charge you for any paid feature of the Services that you choose to sign up for or use while these Terms are in force.
We may bill you:
- in advance;
- at the time of purchase;
- shortly after purchase;
- on a recurring basis for subscription Services
Also, we may charge you up to the amount you have approved, and we will notify you in advance of any change in the amount to be charged for recurring subscription Services. We may bill you at the same time for more than one of your prior billing periods for amounts that haven’t previously been processed.
When you purchase the Services on a subscription basis (e.g., monthly, every 3 months or annually (as applicable)), you acknowledge and agree that you are authorizing recurring payment, and payments shall be made to Fortify 24×7 by the method you have chosen at the recurring intervals chosen by you, until the subscription for that Service is terminated by you or by Fortify 24×7. By authorizing recurring payments, you are authorizing Fortify 24×7 to process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account (in the case of Automated Clearing House or similar payments), or as charges to your designated account (in the case of credit card or similar payments) (collectively, “Electronic Payments”). Subscription fees are generally billed or charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, Fortify 24×7 or its service providers reserve the right to collect any applicable return item, rejection or insufficient funds fee and to process any such payment as an Electronic Payment.
If automatic renewals are allowed in your state, you may choose for Services to automatically renew at the end of a fixed service period. We will remind you by email before any Services renew for a new term, and notify you of any price changes in accordance with section 9(k). Once we have reminded you that you elected to automatically renew the Services, we may automatically renew your Services at the end of the current service period and charge you the then current price for the renewal term, unless you have chosen to cancel the Services as described below. We will also remind you that we will bill your chosen payment method for the Services renewal, whether it was on file on the renewal date or provided later. We will also provide you with instructions on how you may cancel the Services. You must cancel the Services before the renewal date to avoid being billed for the renewal.
Fortify 24×7 will provide you with an online billing statement on the Fortify 24×7 account management website, where you can view and print your statement. This is the only billing statement that we provide. If we make an error on your bill, you must tell us within 90 days after the error first appears on your bill. We will then promptly investigate the charge. If you do not tell us within that time, you release us from all liability and claims of loss resulting from the error and we won’t be required to correct the error or provide a refund. If Fortify 24×7 has identified a billing error, we will correct that error within 90 days.
Unless otherwise provided by law or by a particular Service offer, all purchases are final and non-refundable. If you believe that Fortify 24×7 has charged you in error, you must contact us within 90 days of such charge. No refunds will be given for any charges more than 90 days old. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. This refund policy does not affect any statutory rights that may apply. For more refund information, please visit our help topic.
You may cancel a Service at any time, with or without cause. To cancel a Service and request a refund, if you are entitled to one, visit the Fortify 24×7 account management website. You should refer back to the offer describing the Services as:
- you may not receive a refund at the time of cancellation;
- you may be obligated to pay cancellation charges;
- you may be obligated to pay all charges made to your billing account for the Services before the date of cancellation;
- you may lose access to and use of your account when you cancel the Services.
If you cancel, your access to the Services ends at the end of your current Service period or, if we bill your account on a periodic basis, at the end of the period in which you canceled.
If you are taking part in any trial-period offer, you must cancel the trial Service(s) by the end of the trial period to avoid incurring new charges, unless we notify you otherwise. If you do not cancel the trial Service(s) by the end of the trial period, we may charge you for the Service(s).
We may change the price of the Services at any time and if you have a recurring purchase, we will notify you by email at least 15 days before the price change. If you do not agree to the price change, you must cancel and stop using the Services before the price change takes effect. If there is a fixed term and price for your Service offer, that price will remain in force for the fixed term.
Contracting Entity, Choice of Law, Jurisdiction
If you live in (or, if a business, your principal place of business is in) the United States, the laws of the state where you live govern all claims, regardless of conflict of laws principles, except that the Federal Arbitration Act governs all provisions relating to arbitration. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Whatcom County, Washington, for all disputes arising out of or relating to these Terms or the Services that are heard in court (excluding arbitration and small claims court).
FORTIFY 24X7, AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICES ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE.” YOU BEAR THE ENTIRE RISK OF USING THE SERVICES. FORTIFY 24X7 DOESN’T GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE SERVICES. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON’T OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS.
Limitation of Liability
If you have any basis for recovering damages (including breach of these Terms), you agree that your exclusive remedy is to recover, from Fortify 24×7 or any affiliates, resellers, distributors, Third-Party Apps and Services providers, and vendors, direct damages up to an amount equal to your Services fee for the month during which the breach occurred (or up to $10.00 if the Services are free). You can’t recover any other damages or losses, including direct, consequential, lost profits, special, indirect, incidental, or punitive. These limitations and exclusions apply even if this remedy doesn’t fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything or any claims related to these Terms, the Services, or the software related to the Services.