These Terms were last updated April 26, 2023.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE DIGITAL PLATFORM SERVICES. THESE TERMS GOVERN USER’S USE OF THE DIGITAL PLATFORM SERVICES, AND AFFECT USER’S LEGAL RIGHTS AND OBLIGATIONS. THESE TERMS SHALL REMAIN IN EFFECT UNTIL USER CEASES USING THE DIGITAL PLATFORM SERVICES OR FORTIFIED TERMINATES USER’S RIGHT TO USE THE DIGITAL PLATFORM SERVICES. USER MUST BE AT LEAST 18 YEARS OLD TO ACCESS AND USE THE DIGITAL PLATFORM SERVICES. BY REGISTERING FOR, ACCESSING, OR USING ANY PART OF THE DIGITAL PLATFORM SERVICES, USER AGREES THAT USER HAS READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS. IF USER DOES NOT AGREE TO BE SO BOUND, PLEASE DO NOT ACCESS OR USE THE DIGITAL PLATFORM SERVICES.
Fortified reserves the right, at its sole discretion, to make changes to all or part of these Terms at any time. User is responsible for checking these Terms periodically for changes. User’s continued use of the Digital Platform Services means that User agrees to any new or modified provisions of these Terms posted on the Digital Platform Services.
Access and Use of the Digital Platform Services
Before User may access and use the Digital Platform Services, User first must set up an account by registering through the Digital Platform Services. Once User’s account has been set up in the Digital Platform Services, User may access the Digital Platform Services. Upon completion of the registration process and acceptance of these Terms, and subject to the terms and conditions of these Terms, Fortified hereby grants User a limited, revocable, personal, non-exclusive, non-transferable right during the term of these Terms to access and use the Digital Platform Services for User’s personal use. When User registers to use the Digital Platform Services, User will provide Fortified with information relating to User’s identity and certain other information, including User’s address and telephone number.
To the extent that User provides any information, including but not limited to personal information, to Fortified or its representatives, User warrants that (i) User is providing or obtaining only User’s own information or the information of others which User is authorized to provide to third parties and/or obtain from third parties on their behalf; and (ii) the use of such information by Fortified and its representatives will not infringe upon or misappropriate the intellectual property rights or otherwise violate the rights of any third parties.
Registration for the Digital Platform Services requires a valid, working phone number and/or other information in order to initially sign up for access to and use of the Digital Platform Services (“Account”). Additionally, User will be required to create a password to securely access the Digital Platform Services. User is solely responsible for maintaining the strict confidentiality of any username and password User creates in order to access and use the Digital Platform Services. User will be solely responsible for any damages or losses that may be incurred or suffered as a result of User’s failure to maintain strict confidentiality of User’s username and password. User should immediately notify Fortified in writing of any need to deactivate User’s Account due to potential or actual security concerns. Fortified will not be liable for any harm related to the use or misuse of User’s username and password, User’s disclosure of such items to another person, or User’s authorization to allow another person or entity to access and use the Digital Platform Services under User’s login credentials.
Fortified will use commercially reasonable efforts to provide access to the Digital Platform Services 24 hours a day, 7 days a week, except in the case of natural disasters or events beyond Fortified’s control and subject to any breakdowns or maintenance operations required to ensure the smooth operation of the Digital Platform Services. Fortified will not be liable for any failures or deficiencies in the performance of the Digital Platform Services by reason of maintenance, breakdown, or any event beyond Fortified’s control, including without limitation natural disasters, Internet outage, interruption of service, labor disturbances, technological disaster, terrorism, or war.
User acknowledges that data conversion and transmission is subject to the likelihood of human and machine errors, omissions, delays, and losses, including inadvertent loss of data or damage to media, that may give rise to loss or damage. Fortified shall not be liable for any such errors, omissions, delays, or losses. User understands and agrees that use of or connection to the Internet is inherently insecure and that connection to the Internet provides opportunity for unauthorized access by a third party to computer systems, networks, and any and all information stored therein. All information transmitted and received through the Internet is subject to unauthorized interception, diversion, corruption, loss, access, and disclosure. Fortified shall not be responsible for any adverse consequences whatsoever of User’s connection to or use of the Internet, and shall not be responsible for any use by User of an Internet connection in violation of any law, rule, or regulation or any violation of the intellectual property rights of another.
User’s rights under these Terms will terminate automatically without notice from Fortified if User fails to comply with these Terms. Upon termination, User shall immediately cease all use of the Digital Platform Services. Fortified reserves the right to terminate User’s access to any or all aspects of the Digital Platform Services or to discontinue any aspect of the Digital Platform Services at any time for any reason whatsoever without notice to User.
User may only use the Digital Platform Services for lawful purposes. User agrees that User will not: (i) infringe any copyright, patent, right of privacy, right of publicity, trademark, trade secret, or other right of Fortified or any third party; (ii) abuse, defame, harass, or stalk any individual or other user of the Digital Platform Services; (iii) interfere or attempt to interfere with, or damage or attempt to damage, the Digital Platform Services or the proper working thereof, including, without limitation, through the use of cancel bots, denial of service attacks, flood pings, forged routing or electronic mail address information, harmful code, packet or IP spoofing, phishing, Trojan horses, viruses, or similar methods or technology; (iv) use any deep-link, page-scrape, robot, spider, or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Digital Platform Services or any content thereon, or in any way reproduce or circumvent the navigational structure or presentation of the Digital Platform Services, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Digital Platform Services; (v) misrepresent User’s identity, provide false information, impersonate another person or entity, misrepresent User’s affiliation with a person or entity, including, without limitation, Fortified, create or use a false identity, or attempt to use another user’s account; (vi) attempt to obtain unauthorized access to the Digital Platform Services; (vii) collect, reverse look-up, trace or seek to trace, manually or through automated means, information about other users or visitor to the Digital Platform Services without their express consent; (viii) use any meta tags or any other hidden text utilizing the Fortified name, service marks, trademarks, or product or service names; (ix) advertise, offer to sell, or sell any goods or services set forth in the Digital Platform Services or otherwise use the Digital Platform Services to solicit other users, except as expressly permitted by Fortified; (x) engage in any activity that interferes with any third party’s ability to use or enjoy the Digital Platform Services; (xi) probe, scan, or test the vulnerability of the Digital Platform Services or any network connected thereto, or breach the security or authentication measures on the Digital Platform Services or any network connected thereto; (xii) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Digital Platform Services or Fortified’s systems or networks, or any systems or networks connected thereto; or (xiii) assist any third party in engaging in any activity prohibited by these Terms.
The Digital Platform Services, and all intellectual property, trademarks, service marks, information, data, and other materials made available to User in connection with these Terms, together with the design of the Digital Platform Services, and text, scripts, graphics and features and other content and materials therein (collectively, “Content”) are the sole and exclusive property of Fortified and its licensors, and are available to User solely for purposes of User’s use of and access to the Digital Platform Services in accordance with these Terms. The Content is owned by or licensed to Fortified and protected by copyright and other intellectual property rights under United States and foreign laws and international conventions. All rights, title and interests in and to the Content and all copyrights, trade secret rights, patents, trademarks and any other intellectual property or proprietary rights in and to the Content shall at all times remain the exclusive property of Fortified and/or its licensors. Except for the limited rights granted herein, nothing in these Terms shall transfer to User any right, title, or interest in or to any Content.
Compliance with Laws; Privacy
Fortified will treat any information it collects or receives from User through the Digital Platform Services in accordance with its Fortified Privacy Notice (the “Privacy Notice”), which is incorporated by reference. Please review the Privacy Notice before using the Digital Platform Services. If User is unwilling to accept the terms and conditions of the Privacy Notice, please do not use the Digital Platform Services.
Communications with Users; Links to Third Parties
The Digital Platform Services also may contain links to the websites of Fortified partners, advertisers, or unrelated third party companies (“Linked Sites”). Fortified does not own and has no control over the Linked Sites and therefore assumes no responsibility and makes no warranties or representations with respect to the availability of these websites, their content, advertising material, and the products or services available at or through the Linked Sites. Fortified does not endorse any Linked Site, is not bound by the terms and conditions, if any, of such Linked Sites, and the existence of a Linked Site does not mean that Fortified has any affiliation, connections, endorsement, or sponsorship of such websites or their owners or operators. Fortified accepts no liability for any direct or indirect damage that may result from User’s visit to a Linked Site, or from User’s use of the contents, products, or services of these websites or their owners or operators. Users acknowledges and agrees that Fortified shall not be responsible or liable for the content or conduct of, associated with, or related to any Linked Site, and, accordingly, User’s access and use of any Linked Site shall be solely at User’s own risk. If User has any questions or concerns regarding any Linked Site, User should review any terms and conditions and privacy notice maintained by that Linked Site or should contact the applicable party or their website administrator.
USER AGREES THAT USER’S USE OF THE DIGITAL PLATFORM SERVICES SHALL BE AT USER’S SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FORTIFIED, ITS SUPPLIERS, AND AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE DIGITAL PLATFORM SERVICES, CONTENT, AND USER’S USE THEREOF, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TIMELINESS, ACCURACY, COMPLETENESS, TITLE AND NON-INFRINGEMENT. THE DIGITAL PLATFORM SERVICES AND ALL CONTENT ARE PROVIDED “AS AVAILABLE,” “AS IS,” AND “WITH ALL FAULTS,” WITHOUT WARRANTY OR CONDITION OF ANY KIND. FORTIFIED MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE AVAILABILITY, ACCURACY, OR COMPLETENESS OF THE DIGITAL PLATFORM SERVICES OR CONTENT, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM USER’S ACCESS TO AND/OR USE OF THE DIGITAL PLATFORM SERVICES OR CONTENT, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF FORTIFIED’S OR ITS SUPPLIERS’ SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY TRANSMISSION TO OR FROM THE DIGITAL PLATFORM SERVICES, AND/OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE DIGITAL PLATFORM SERVICES THROUGH THE ACTIONS OF ANY THIRD PARTY. NEITHER FORTIFIED NOR ANY OF ITS SUPPLIERS OR AFFILIATES WARRANT THAT (A) THE DIGITAL PLATFORM SERVICES OR CONTENT WILL MEET USER’S REQUIREMENTS, (B) THE OPERATION OF THE DIGITAL PLATFORM SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR (C) THE DIGITAL PLATFORM SERVICES OR CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, OR ACCURATE, OR THAT ERRORS WILL BE CORRECTED.
Limitation of Liability
IN NO EVENT SHALL FORTIFIED, ITS SUPPLIERS, OR AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM OR RELATED TO ANY (I) ERRORS, MISTAKES, OR INACCURACIES IN THE DIGITAL PLATFORM SERVICES, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE DIGITAL PLATFORM SERVICES, (IV) ANY TRANSMISSION TO OR FROM THE DIGITAL PLATFORM SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE DIGITAL PLATFORM SERVICES, (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USER’S USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE DIGITAL PLATFORM SERVICES, AND/OR (VII) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS, IN EACH CASE WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FORTIFIED IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
IF ANY EXCLUSION, DISCLAIMER OR OTHER PROVISION CONTAINED IN THESE TERMS IS HELD TO BE INVALID FOR ANY REASON BY A COURT OF COMPETENT JURISDICTION, AND FORTIFIED, OR ONE OF ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES BECOMES LIABLE FOR LOSS OR DAMAGE THAT COULD OTHERWISE BE LIMITED, SUCH LIABILITY WHETHER IN CONTRACT, TORT OR OTHERWISE WILL NOT EXCEED IN THE AGGREGATE THE GREATER OF THE AMOUNT ACTUALLY PAID BY USER TO FORTIFIED (IF ANY) OR ONE HUNDRED DOLLARS ($100.00 USD). BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO USER. IF USER IS DISSATISFIED WITH ANY PORTION OF THE DIGITAL PLATFORM SERVICES, OR WITH ANY PORTION OF THESE TERMS, USER’S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE DIGITAL PLATFORM SERVICES.
IF USER IS A RESIDENT OF NEW JERSEY, TO THE EXTENT NEW JERSEY LAW PROHIBITS THE LIMITATIONS AND/OR EXCLUSIONS OF LIABILITY SET FORTH IN THESE TERMS, SUCH LIMITATIONS AND/OR EXCLUSIONS SHALL NOT APPLY TO USER.
Any claim or cause of action arising out of or related to User’s use of the Digital Platform Services, these Terms, or User’s use of Content made available through or on the Digital Platform Services must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary.
User agrees to defend, indemnify, and hold Fortified, its suppliers and affiliates, and their respective officers, directors, employees and agents harmless from and against any and all claims, losses, liability, costs, and expenses (including attorneys’ fees) arising from or related to User’s use of the Digital Platform Services, and User covenants not to sue Fortified or its affiliates for any injuries to User or User’s property arising out of or related to User use of the Digital Platform Services.
Disputes; Governing Law and Jurisdiction
These Terms shall be governed by the internal substantive laws of the State of Tennessee, without respect to its conflict of laws principles. Any claim or dispute between User and Fortified that relates to or arises in whole or in part from these Terms shall be decided exclusively by a court of competent jurisdiction located in Tennessee, provided, that User hereby agrees that any dispute arising out of or relating in any way to these Terms or User’s use of the Digital Platform Services or any information, materials or services User obtains from Fortified requires that such claim be resolved exclusively by confidential binding arbitration. The arbitration shall be conducted before three neutral arbitrators in Tennessee, in accordance with the rules of the American Arbitration Association (“AAA”), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Punitive and consequential damages may not be awarded under these Terms.
BECAUSE THE USE OF THE DIGITAL PLATFORM SERVICES REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS’ DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.
The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party hereby consents (i) to the exclusive jurisdiction of the state or federal courts located in Tennessee for any action (a) to compel arbitration, (b) to enforce any award of the arbitrators, (c) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies, or (d) to enforce Fortified’s intellectual property rights under these Terms, and (ii) for service of process in any such action by registered mail or any other means provided by law. Should this Section be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that sole and exclusive jurisdiction and venue for any claims will be in the state or federal courts in Tennessee.
The following additional terms apply to User if User downloads the App through the Apple Store:
(a) These Terms are applicable between User and Fortified, but not Apple, Inc. (“Apple”). Fortified, not Apple, offers the App to User, and Apple has no responsibility to User for any use of, or information related to, the App, and these Terms.
(b) User may only use the App on an Apple device that User owns or controls and as permitted by the App Store Terms of Service.
(c) Apple has no obligation to provide maintenance and support services with respect to the App, as used on User’s iPhone, iPad, or iPod touch devices. In the event of any failure of the App to conform with any applicable warranty, User may notify Apple regarding a refund of User’s purchase price of the App through the Apple Store.
(d) Should User have any claim, whether User’s claim or whether a third-party claim has been filed against User, relating to User’s use of the App, Apple shall have no responsibility to User.
(e) User may delete User’s account by contacting us by email at email@example.com or by phone at 1-800-600-4002. User’s deletion of User’s account will remove the account from Fortified’s records, along with any data associated with User’s account, except for the data that Fortified is legally required to maintain under applicable law.
User and Fortified hereby acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon User’s acceptance of these Terms, Apple, as a third-party beneficiary, will receive (and otherwise shall be deemed to have received) the right to enforce these Terms against User.
The following additional terms apply to User if User downloads the App through Google Play:
(a) These Terms are applicable between User and Fortified, but not Google, Inc. (“Google”). Fortified, not Google, offers the App to User, and Google has no responsibility to User for any use of, or information related to, the App and these Terms.
(b) Google shall not be responsible to User for maintenance of the App. Google shall not be responsible to User for any complaints User has regarding the App, as used on User’s Android device.
(c) In compliance with Google Play’s User Data Policy, Fortified has completed a Data safety form, which details how Fortified collects and shares Users’ data. Fortified’s Data safety form is displayed on Fortified’s Google Play listing. By downloading the App through Google Play, User agrees that user has read, understood, and agreed to be bound by Fortified’s Data safety form. If User does not agree to be so bound, please do not access or use the App.
Fortified may assign its rights and duties under these Terms without notice to User. User may not assign these Terms without the prior written consent of Fortified, and any assignment in contravention of the foregoing shall be null and void. If any provision of these Terms is deemed invalid or unenforceable by a court of competent jurisdiction, such provision shall not affect the validity or enforceability of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Fortified’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. These Terms, as revised from time to time by Fortified, constitute the entire agreement between the parties with regard to the subject matter in these Terms and supersede all prior understandings and agreements, whether written or oral, as to such subject matter. Any rights not expressly granted herein are reserved to Fortified.
If User has any questions about these Terms, Fortified’s practices, or User’s dealings with the Digital Platform Services, please contact us at firstname.lastname@example.org or 1-800-600-4002.