Effective: June 23, 2023
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. THIS IS A BINDING LEGAL AGREEMENT. BY ACCESSING AND CONTINUING TO USE THIS SITE, YOU AGREE TO EACH AND EVERY ONE OF THESE TERMS AND CONDITIONS. PLEASE DO NOT USE THE SITE IF YOU DO NOT AGREE TO EACH AND EVERY ONE OF THESE TERMS AND CONDITIONS.
By using our Site, you hereby warrant that you are of legal age or have parental or guardian consent to enter into, and you hereby agree to be bound by these Terms. If you do not agree to all these Terms, you are not authorized to use the Site.
Fortress reserves the right to modify these Terms from time to time, and we will make you aware of material changes to these Terms by visibly posting them on the Site. All changes are effective immediately when we post them and apply to all access to and use of our Site thereafter. Your continued use of the Site following the posting of revised Terms constitutes your acceptance to the changes and your agreement to be bound by them.
The content and information displayed on the Site is Fortress's property and is collectively referred to as “Fortress Information”. The downloading, reproduction, or re-transmission of Fortress Information, other than for non-commercial personal use, is strictly prohibited, except to the extent as authorized by express prior written consent by Fortress.
Use of Our Site
We reserve the right in our sole discretion to revoke or deny your access to our Site, including, without limitation, if you violate any of the provisions of our Terms.
The Site is to be used by you for your personal use only. You agree not to represent to be any other person, impersonate another person, or falsely claim to be representative of any entity, whether actual or fictitious, including an employee or agent of Fortress or any external party that may provide services related to the Site or other Services as may be offered by Fortress.
You agree that Fortress is under no obligation to but may monitor and review information you transmit over the Site. You agree that Fortress may censor, edit, remove or prohibit the transmission or receipt of any information that Fortress deems to be in violation of our Terms or otherwise improper. You agree Fortress may use any such information as necessary to protect the Site or to protect the rights or property of Fortress. You agree that Fortress may also monitor and review stored information without restriction. You hereby acknowledge and consent to such monitoring and reviewing.
You further agree that you will not:
- Use our Site for Chain letters, junk mail, "spamming", solicitations or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list;
- Use our Site to create a hypertext link from any web site controlled by you or otherwise, to the Site without the express written permission and authorization of Fortress;
- Use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of our Site;
- Take any action that imposes an unreasonable or disproportionately large backend load or burden on our information technology infrastructure;
- Use any robot, spider, other automatic device, or manual process to monitor, scrape, or copy our Site or any Fortress Information contained therein, without the prior express authorization and consent from Fortress or an authorized Fortress representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct individuals to our Site);
- Interrupt, disrupt, alter, destroy, impair, restrict tamper, or otherwise affect the proper operation and performance of our Site in any way, including, without limitation, through the use of any malicious or unauthorized code, virus, worm, Trojan horse, malware, or program;
- Use our Site in any threatening, libelous, slanderous, defamatory, obscene, inflammatory, pornographic, discriminatory, or otherwise offensive manner;
- Use our Site for any purpose that is illegal, unlawful, or prohibited by these Terms.
"Social Area" means any forum, message board, or similar chat functionality and posting service offered in conjunction with the Site. If you participate in a Social Area, you agree that, in addition to complying with the Terms, you will not: defame, abuse, harass, threaten, or make any discriminatory statements about others; advocate illegal activity; use indecent, obscene or discourteous language or images; infringe or violate the rights of others (including the intellectual property rights of others); or provide content that is not related to the designated topic or theme of the Social Area. You shall remain solely responsible and liable for your use of any Social Area that may be offered on our Site. Fortress reserves the right to remove or edit content from any Social Area at any time and for any reason, however, Fortress is under no duty to do so, and is not responsible for the content or accuracy of any information in a Social Area. If you believe content posted in a Social Area on our Site may violate your rights (including your intellectual property rights), we encourage you to contact us either by email@example.com or by calling us at 615-490-6727.
Our Site may contain or reference trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights of Fortress. No license to or right in any such trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights of Fortress and/or other parties is granted to or conferred upon you by use of our Site or otherwise under these Terms.
By submitting any information, suggestions, enhancement notations, comments, or ideas and other feedback to Fortress through a Social Area or otherwise with respect to our Site or services as may be offered by Fortress (collectively, "Feedback"); you agree that such Feedback shall be deemed, and shall remain, Fortress's property. Feedback shall not be subject to any obligation of confidentiality on Fortress's part and Fortress shall not be liable for any use or disclosure of any Feedback. Fortress shall own all rights and interests related to Feedback (including without limitation all intellectual property rights therein) and shall be entitled to use any Feedback without restriction for any purpose whatsoever, commercial or otherwise, without compensation to you.
Fortress Information Accuracy
Fortress Information may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability applicable to your interactions with Fortress. Fortress assumes no responsibility or liability for any such inaccuracies, errors or omissions. Fortress is not responsible for incorrect or inaccurate entry information, whether caused by user(s) or by any of the equipment or programming associated with our Site, or by any technical or human error that may occur in the processing of any information related to our Site. Fortress reserves the right to make changes, corrections, and/or improvements to Fortress Information, and to the products and services described in such information, at any time without notice, including after confirmation of a transaction.
Fortress is not responsible for communication malfunctions, failures, or lost, stolen, or otherwise misdirected, transmissions, messages or entries, or the security of any such communications.
Our Site contains information on various Fortress products and services, not all of which may be available in every location. A reference to a Fortress product or service on our Site does not imply that such product or service is or will be available in a particular location.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR SITE AND FORTRESS INFORMATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR ANY GUARANTY OR ASSURANCE THAT OUR SITE AND/OR FORTRESS INFORMATION WILL BE AVAILABLE, ADEQUATE, ACCURATE, UNINTERRUPTED, COMPLETE OR ERROR FREE. WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY MALICIOUS OR UNAUTHORIZED CODE AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE SCANNING AND PROTECTIVE MECHANISMS FOR THE SECURITY OF YOUR DEVICES, PROGRAMS AND INFORMATION. BY USING OUR SITE AND/OR FORTRESS INFORMATION, YOU ARE ASSUMING ALL RISK OF LOSS THAT MAY ARISE OR BE ASSOCIATED WITH THAT USE.
Limitation of Liability and Indemnification
To the maximum extent permitted by law, Fortress hereby expressly excludes any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Site or in connection with the use, inability to use, or results of the use of our Site, any websites linked to our Site and any materials posted on our Site, including, without limitation any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
IN THE EVENT FORTRESS IS HELD LIABLE FOR ANY DAMAGES RELATED TO OUR SITE, TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE LIMITED TO REIMBURSEMENT OF THE CHARGES FOR SERVICES OR PRODUCTS PAID BY YOU TO FORTRESS. IN THE EVENT NO PAYMENT HAS BEEN MADE BY YOU TO FORTRESS FOR SERVICES OR PRODUCTS, FORTRESS’S LIABILITY ARISING OUT OF OR RELATED TO OUR SITE WILL NOT EXCEED $100 (ONE HUNDRED USD).
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO THIS SITE BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH SUCH CLAIM OR ACTION IS BASED.
You shall defend us against any demands, claims or actions brought against us or arising as a result of your use of the Site and/or any breach or violation of these Terms by you (“Claim”) and you shall indemnify and hold us harmless from and against any and all losses, damages, costs and expenses (including attorneys' fees) resulting from any such Claim. We have the right, at our expense, to assume exclusive defense against any Claim and all negotiations for settlement and you agree to cooperate with us in the defense of any such Claim, at our request.
Governing Law and Dispute Resolution
These Terms are to be construed and interpreted in accordance with the laws of the state of Tennessee and the United States, excluding any choice of law principle that may require the application of law of another jurisdiction. Any controversy or claim arising out of or relating to the Terms, or the breach thereof, is to be settled exclusively by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules before one independent and disinterested arbitrator in Davidson County, Tennessee. Consistent with the expedited nature of arbitration, pre-hearing information exchange is to be limited to the reasonable production of relevant, non-privileged documents explicitly referred to by a party for the purpose of supporting relevant facts presented in its case, carried out expeditiously. The arbitrator will grant such legal or equitable remedies and relief in compliance with applicable law that the arbitrator deems just and equitable, but only to the extent that such remedies or relief could be granted by a federal, state, or local court located in Davidson County, Tennessee and further to the extent such remedies are not specifically excluded or limited herein. The arbitrator must render their award by application of the substantive law of the state of Tennessee and U.S. federal law and must render a written opinion setting forth findings of fact and conclusions of law with the reasons therefor stated. The award rendered by the arbitrator will be final and specifically enforceable under applicable law, and judgment may be entered upon it in any court having jurisdiction thereof. Either party may seek injunctive relief in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. Any claim by you against Fortress must be brought within twelve (12) months following the date such claim arose.
If you have any questions regarding our Terms or about use of our Site, please feel free to contact us at:
Fortress Technology Solutions, Inc.
1030 16th Avenue South
Nashville, TN 37212
Phone Number: 615-490-6727