Welcome to Fordefi!
(A) these terms and conditions in their entirety; and
For the avoidance of doubt, this Agreement does not apply to the purchase or licensing (or other procurement) of any Fordefi products or services.
IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE WEBSITE.
YOU REPRESENT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD, BUT IN ANY EVENT OF A LEGAL AGE TO FORM A BINDING CONTRACT. MINORS ARE NOT PERMITTED TO ACCESS OR USE THE WEBSITE.
This Agreement is a binding agreement between you and Fordefi Inc., company located at 596 Derby Ave Woodmere, NY 11598, USA ("Fordefi", "we", "us", and "our").
Fordefi reserves the right to modify this Agreement at any time by posting the modified Agreement at http://fordefi.com/termsandconditions Such modifications will be effective upon posting (unless we specify a later effective date). In such cases, we will also update the “Last Updated” reference set forth at the beginning of this Agreement. Your continued use of the Website following the posting of revised Agreement means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
This Agreement contains a range of capitalized terms, some of which are defined in this Section and some of which are defined elsewhere. The Section headings in this Agreement are for convenience of reading only and may not to be used or relied upon for interpretive purposes.
"Fordefi Affiliate" means, with respect to Fordefi, any organization or entity controlling, controlled by, or under common control with, Fordefi, where "control" means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of such person, organization or entity, whether through the ownership of voting securities, by contract, or otherwise.
"Fordefi Materials" means, collectively, the Website and any Content appearing or displayed on or in the Website. For the avoidance of doubt, and unless the context requires otherwise, references herein to Fordefi Materials includes without limitation Third Party Content (defined below).
"Content" means any text, data, information, images, graphics, sounds, videos, audio clips, links, and/or similar materials and content.
"Intellectual Property Rights" means any and all rights, titles, and interests (under any jurisdiction or treaty, whether protectable or not, whether registered or unregistered, and whether vested, contingent, or future) in and to inventions, discoveries, works of authorship, designs, software, technical information, databases, know-how, mask works, methods, technology, and other intellectual property (collectively, "Intellectual Property"), and includes but is not limited to patents, copyrights and similar authorship rights, moral (and similar personal) rights, mask work rights, data and database rights, trade secret rights and similar rights in confidential information and other non-public information, design rights, trademark, service mark, trade name, trade dress and similar branding rights, as well as: (i) all applications, registrations, renewals, reexaminations, extensions, continuations, continuations-in-part, provisionals, substitutions, divisions or reissues of or for the foregoing; and (ii) all goodwill associated with the foregoing.
"Law" means any federal, state, foreign, regional or local statute, regulation, ordinance, or rule, in any jurisdiction.
We hereby grant you a personal, limited, non-exclusive, non-assignable, non-sublicensable, revocable right and license to access, view and use the Website and related Fordefi Materials solely for your own personal and non-commercial use, and provided that you comply with this Agreement (collectively, the "License"). Except for the License, Fordefi does not grant you any right to use or license in or to any of Fordefi's or a third party's Intellectual Property Rights. In our sole discretion we may, at any time, with or without notice, and for any or no reason: (a) revoke the License, suspend the Website, and/or terminate this Agreement; and (b) modify, remove, and/or otherwise restrict access to (such as by geo-blocking), all or any part of the Website.
As a condition to the License, you shall not (and shall not permit or encourage any third party to) do any of the following, in whole or in part: (a) copy or reproduce (such as by screen scraping), republish, create public Internet “links” to, "frame", or "mirror" any Fordefi Materials, or otherwise access Fordefi Materials via any automated process; (b) sell, assign, lease, lend, rent, distribute, or make available any Fordefi Materials to any third party, or otherwise offer or use any Fordefi Materials as part of a time-sharing, outsourcing, or service bureau environment; (c) modify, adapt, arrange, translate, decompile, disassemble, reverse engineer, decrypt, or otherwise attempt to discover the source code or non-literal aspects (such as the underlying ideas, algorithms, structure, sequence, organization, and interfaces) of, any Fordefi Materials; (d) remove, alter, or conceal, in whole or in part, any copyright, trademark, or other proprietary rights notice or legend displayed or contained on or in any Fordefi Materials; (e) circumvent, disable or otherwise interfere with security-related or technical features or protocols of any Fordefi Materials; (f) make a derivative work of any Fordefi Materials, or use any Fordefi Materials to develop or create any service, product, or Content that is the same as (or substantially similar to or competitive with) any of the Fordefi Materials; (g) upload, publish, or transmit any "robots" or "spiders" (such as web crawlers), virus, malware, Trojan horse, spyware, or similar malicious item intended (or that has the potential) to damage or disrupt, or otherwise misuse, any Fordefi Materials; and/or (i) take any action that imposes or may impose (as determined in Fordefi's sole discretion) an unreasonable or disproportionately large load on the Website infrastructure, or otherwise interfere (or attempt to interfere) with the integrity or proper working of any Fordefi Materials; (j) use any Fordefi Materials to infringe, misappropriate or violate any third party's Intellectual Property Rights (as defined below), privacy (or other personal) rights), or any Law (such as to impersonate or attempt to impersonate any other person or entity); and/or (k) upload or publish any advertisement or promotional material on the Website.
In order to use some of parts of the Website, you may need to create an account (“Account”). You agree not to create an Account for anyone else or use the account of another without their permission. When creating your Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify Fordefi immediately of any breach of security or unauthorized use of your Account. As between you and Fordefi, you are solely responsible and liable for the activity that occurs in connection with your Account. If you wish to delete your Account you may send an email request to Fordefi at firstname.lastname@example.org.
Fordefi permits you to link to the Website provided that: (i) you link to (but do not replicate) any page on this Website; (ii) the hyperlink text shall accurately describe the Content as it appears on the Website; (iii) you shall not misrepresent your relationship with Fordefi or present any false information about Fordefi, and shall not imply in any way that we are endorsing you or any services or products, unless we have given you our express prior written consent to do so; (iv) you shall not link from a website which prohibits linking to third parties; (v) the website from which you link to the Website does not contain Content that is offensive or controversial (both as determined at our sole discretion), that infringes, misappropriates, or violates any Intellectual Property Rights; and (vi) you, and your website, comply with this Agreement and applicable Law.
(a) the Fordefi Materials, as well as any computer programs (including APIs), code, databases, or other Intellectual Property underlying, operating, or otherwise embodied in any Fordefi Materials; and
(b) the trademarks, service marks, trade names, service names, trade dress, symbols, brands, and logos displayed on contained on or in any Fordefi Materials ("Trademarks").
(A) REGARDING THE EFFECTIVENESS, USEFULNESS, RELIABILITY, AVAILABILITY, TIMELINESS, ACCURACY, OR COMPLETENESS OF ANY FORDEFI MATERIALS;
(B) THAT YOUR USE OF, OR RELIANCE UPON, FORDEFI MATERIALS WILL MEET YOUR REQUIRMENTS OR EXPECTATIONS;
(C) THAT FORDEFI MATERIALS WILL BE UNINTERRUPTED, SECURE, ERROR-FREE OR VIRUS-FREE, OR THAT DEFECTS WILL BE CORRECTED;
(D) REGARDING THE SATISFACTION OF, OR COMPLIANCE WITH, ANY INDSUTRY STANDARDS; OR
(E) REGARDING THE OPERATION OF ANY CELLULAR NETWORKS, THE PASSING OR TRANSMISSION OF DATA VIA ANY NETWORKS OR THE CLOUD, ANY CYBERSECURITY EVENT, OR ANY OTHER CELLULAR OR DATA CONNECTIVITY PROBLEMS.
(A) ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES;
(B) ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF REVENUE, LOSS OF ANTICIPATED SAVINGS, LOSS OF OPPORTUNITY, WASTED TIME OR EXPENDITURE, OR OTHER ECONOMIC LOSS;
(C) ANY LOSS OF, OR DAMAGE OR INTERRUPTION TO, DATA, NETWORKS, INFORMATION SYSTEMS, REPUTATION, OR GOODWILL; AND/OR
(D) THE COST OF COVER, OR OF PROCURING ANY SUBSTITUTE GOODS OR SERVICES.
You agree to defend, indemnify and hold harmless Fordefi and Fordefi Affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of this Agreement, your use of Fordefi Materials other than as expressly authorized in this Agreement, or your use of any information obtained from the Website.