PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. THESE TERMS CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, INCLUDING MANDATORY ARBITRATION, NO CLASS RELIEF AND WAIVER OF YOUR RIGHT TO A JURY TRIAL.
Acceptance of Terms; Requirements of Use; Export Controls
Your use of the Services must comply with all applicable laws, rules, and regulations. You agree that you will not use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine," or in any way gather content from the Services, any websites associated with the Services, or reproduce or circumvent the navigational structure or presentation of the Services without our express prior written consent. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from publicly viewable areas associated with the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service. We reserve the right to revoke these exceptions either generally or in specific instances.
We may, in our sole discretion and at any time without notice to you, terminate, suspend, or restrict your use of the Services for any reason, including your failure to comply with such rules as listed in this section. We may also charge for the Services, in which case you agree to pay all amounts owed to us under the prevailing rates provided to you by us associated with the use of the Services.
Informational Purposes Only
The Services offer a range of content and features containing information for general guidance only, such as to assist you in your independent evaluation of vendors or other service providers. While we take reasonable efforts to offer current and accurate information where possible, the Services may contain references to certain laws and regulations which may have changed over time and may contain inaccurate information, including but not limited to information self-posted by various vendors that is not subject to independent evaluation by us for accuracy. You also agree that any evaluation, or rating, of any companies listed on the Services may be inaccurate, and that you will not rely upon any information from the Services to form a basis to take, or refrain from taking, any action. If you are posting information online through the Services, you represent and warrant that, after a reasonably diligence investigation, you have determined that all such information is true and accurate.
Any downloadable information you may access and use on the Services must be used as they appear and must maintain all copyright or other notices or disclaimers precisely as posted by us, without modification, removal, or white-labeling by you. We expressly prohibit any redistribution, retransmission, commercial exploitation, linking, or other uses without our express written consent.
“Fortress”, “A2V”, “Fortress & Company, LLC”, and the Fortress logo, and certain product names that appear or are displayed on the Services (collectively, the “Fortress Marks”), are our trademarks or registered trademarks.
The Services may include forums and other opportunities for you and other users to upload, post, transmit, or otherwise distribute (collectively, to “Upload”) content and materials (upon Upload, “User Content”). When you Upload any User Content, you hereby grant us and our licensees a perpetual, irrevocable, worldwide, royalty-free, fully paid up, sub-licensable through multiple tiers, transferable, non-exclusive license to use, reproduce, adapt, publicly display, publicly perform, synchronize and otherwise exploit that User Content, including any Personal Elements (as defined below) in your User Content, in any manner and any media, formats, and channels now known or later developed or discovered throughout the universe in perpetuity, including in connection with advertising, promotions or Services, without notice or payment to you.
For instance, we and our partners may display advertising, promotions and other content in connection with your User Content and you will not be entitled to any associated revenue. You agree that we and our licensees may give you credit for your User Content, but are not required to so. To the extent permitted by applicable law, you hereby waive and agree not to assert any “moral rights” or other proprietary rights in your User Content against us, our licensees, our representatives or other users. When you Upload any User Content, you also consent to the recording, use and reuse by us and our licensees of your voice, actions, likeness, name, appearance, profile photograph, performance, biographical material, and any other identifying information in your User Content as used or modified by us (collectively, “Personal Elements”).
When you Upload any User Content, you represent and warrant that you own that User Content or have sufficient intellectual property and proprietary rights in order to make the grants in these Terms. You agree to pay any monies owed to any party based on our and our licensees’ use of your User Content.
You acknowledge that you have no expectation of privacy or confidentiality with respect to any User Content. While we may offer you the ability to Upload User Content anonymously, we may still store your account information. For some of our features, other members may be able to publish their own comments to your comments. We may use User Content for any purpose, including to develop aggregate ratings, personalize site views, or market Content or other products.
We also reserve the right to limit the storage capacity of your User Content. You assume full responsibility for maintaining backup copies of your User Content and we assume no responsibility for any loss of your User Content, for instance, due to its removal by us.
We are not responsible or liable for any User Content or any decisions made based on User Content. You are solely responsible for the User Content that you Upload and for any claims, losses or damages relating thereto.
You hereby appoint us as your agent with full authority to execute any document or take any action we may consider appropriate in order to confirm the rights granted by you to us in this Agreement associated with Submissions and Feedback.
Disclaimers and Limitations of Liability; Indemnity
THE SERVICES (INCLUDING, WTHOUT LIMITATION, ANY CONTENT OR OTHER PART THEREOF) ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY, AND WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING ACCURACY. WE ALSO MAKE NO REPRESENTATION OR WARRANTIES WITH RESPECT TO THE FUNCTIONALITY OR AVIALABILITY OF THE SERVICES. THE SERVICES ARE MADE AVAILABLE ON AN “AS-IS” BASIS AND WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICES. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT DISPLAYED OR PROVIDED THROUGH THE SERVICES. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THE SERVICES WILL BE ERROR-FREE, SECURE, FREE FROM VIRUSES, OR FREE FROM MALICIOUS CODE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL LIABILITY AND SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS OR REVENUES, GOODWILL, WORK STOPPAGE, SECURITY BREACHES, VIRUSES, COMPUTER FAILURE OR MALFUNCTION, USE, DATA OR OTHER INTANGIBLE LOSSES OR COMMERCIAL DAMAGES, EVEN IF ANY OF SUCH PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH LOSSES, ARISING UNDER OR IN CONNECTION WITH THESE TERMS, THE SERVICES, THE USE OF OR INABILITY TO USE THE SAME, OR ANY OTHER SUBJECT MATTER HEREOF.
Agreement to Arbitrate All Claims on Individualized Basis
You agree that any and all disputes or claims that have arisen or may arise between you and us that relate in any way to your use of the Services, our actions or omissions, or our agents’ actions or omissions, or any products or services sold, offered, or purchased from us shall be resolved through confidential, final and binding arbitration rather than in court, with the exception of any dispute relating to the enforcement or validity of our intellectual property rights. The Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this Agreement to Arbitrate.
UNLESS WE AGREE OTHERWISE IN WRITING, EACH OF YOU MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL PROCEEDING. ALSO, TO THE EXTENT AVAILABLE BY LAW, AND SUBJECT TO THE DAMAGE LIMITATIONS DISCUSSED HEREIN, THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR, AND FOR THE BENEFIT OF, THE INDIVIDUAL PARTY SEEKING RELIEF. If a court decides that any part of this agreement to arbitrate is invalid or unenforceable, the other parts of this Section shall still apply. Specifically, if a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim or a particular request for a remedy (such as a request for public injunctive relief), then that claim or that remedy request (and only that claim or that remedy request) may be severed from the arbitration and may be brought in court, subject to your and our right to appeal the court’s decision. All other claims shall be arbitrated.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Section. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s website at http://www.adr.org. The arbitration shall be held in Orange County, Florida, or at another mutually agreed location.
The arbitrator’s award shall be confidential, final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules.
Applicable Law & Waiver of Jury Trial
Claims and Disputes Must Be Filed Within One Year & Waiver.
To the extent permitted by law, and without limiting the effect of any disclaimer contained herein, any cause of action or claim you may have with respect to your use of the Services, including, without limitation, any related product, services, or other content offered or provided by us must be commenced within one (1) year after the claim or cause of action arises. This section applies to you and your heirs, successors, and assigns.