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TrueFort | Legal Terms

December 2019

All TrueFort websites, content, communications, Products and Services are subject to the following Terms of Use. Please read before using as it affects your legal rights and obligations.

This website www.truefort.com and all associated sites are owned and operated by TrueFort, Inc. By accessing and using this website and the content, tools, Products and/or Services and mobile applications provided by TrueFort, you agree to the terms and conditions contained herein. If you do not agree to be bound by these terms, including the publicaly-posted Privacy Policy on this website and incorporated here by reference, then do not access our websites and content. This agreement includes the use of binding arbitration to resolve disputes, and limits the remedies available to you in the event of a dispute.

CONTENT ACCESS & GUARANTEE

Permission to use TrueFort-owned Documents (white papers, press releases, datasheets, FAQs, etc.) from the website and our other communications like social media, email and other methods is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear; (2) use of such Documents is for informational and non-commercial use only and will not be copied or posted on any network computer or broadcast in any media with prior and expressed consent by TrueFort; and (3) no modifications of any Documents are made. Use for any other purpose is expressly prohibited and may result in severe civil and criminal penalties. Violators will be prosecuted to the full extent of the law.

Documents specified above do not include the design or layout of the TrueFort website, elements of which may be protected by trade dress, trademark, unfair competition and other laws, and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the website may be copied or retransmitted unless expressly permitted by TrueFort.

TRUEFORT MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE WEBSITE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TRUEFORT HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTIBILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL TRUEFORT BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGESOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.

TRUEFORT & THIRD-PARTY INTELLECTUAL PROPERTY

TrueFort is the sole owner of all right, title, and interest in its Content, Products and Services. Unless otherwise explicitly stated in the Terms of Use or elsewhere, there is no grant of any rights to patents, copyrights, trade secrets, trademarks, or any other rights with respect to the Content, Products or Services. All rights not granted under the Terms are reserved by TrueFort.

The Content, Products and Services of TrueFort contain Materials (including, but not limited to, text, software, images, photographs, audio, video, applications, interfaces, logos, designs, product names and technical specifications, white papers, datasheets and FAQs) which are created by TrueFort from its information and materials and the information and materials of other sources. Under the United States Copyright Laws, the entire site is copyrighted.

The Materials are for your use. You may not modify, copy, distribute, transmit, display, perform, reproduce, reuse, publish, license, create derivative works from, transfer, or sell any information, software, Product or Services obtained from TrueFort sources without the express and prior permission of TrueFort.

TRADEMARKS

Trademarks, logos, and service marks displayed are the registered and unregistered trademarks of TrueFort, Inc., its subsidiaries, affiliates, licensors or content providers, or other third-parties and are the sole property of their respective owners. There is no license or right to use any trademark, logo or service mark found on this site without the owner’s prior written consent.

TRUEFORT TRADEMARKS

TrueFort™, TrueFort Fortress™, TrueFort Fortress XDR™ and TrueFort Fortified™ are the trademarks of TrueFort, Inc. in the United States and other jurisdictions.

THIRD-PARTY TRADEMARKS

All company, program and product trademarks of our contracted partners and organizations are their respective property, including but not limited to: KuppingerCole, CTIGlobal, brookcourt, GuidePoint, Richter, CrowdStrike, Carbon Black, VMware, Microsoft, Kubernetes, Pivotal, Fortinet, Infoblox, and the CIS Center for Internet Security.

All other third-party trademarks are the property of their respective owners.

DISCLAIMER

TrueFort Content, Products and/or Services, including, without limitation, the website and Materials and the information, related communications, product, services, and other content therein are provided on an “as is,” “as available,” and “with faults” basis.

To the maximum extent permissible under applicable law, we disclaim all representations or warranties, express or implied, of any kind, including but not limited to: warranties of merchantability; non-infringement; fitness for a particular purpose; warranties arising from the course of dealing or course of performance; the accuracy, reliability, usefulness or completeness of any information contained in our Services; that access to our Services will be uninterrupted or error-free; and that our Services will be secure. We assume no responsibility and shall not be liable for any damages caused by the use of our Services, including damages caused by viruses, worms, trojan horses or any other computer software or anomaly that may infect, affect or damage your computer hardware, software, memory or other property as a result of your access to or use of our Services.

LIMITATION OF LIABILITY

You agree to assume full responsibility for your use of TrueFort Content, Products and/or Services. TrueFort is not liable to you or anyone else for any loss of use, data, goodwill, or profits whatsoever, and any special, incidental, indirect, consequential, or punitive damages whatsoever, regardless of cause (even if we have been advised of the possibility for the loss or damages), including losses and damages (a) resulting from loss of use, data, or profits, whether or not foreseeable; (b) based on any theory of liability, including breach of contract or warranty, negligence or other tortious action; or (c) arising from any other claim arising out of or in connection with your use of or access to the Services or Software. TrueFort and its affiliates, officers, directors, shareholders, employees and agents maximum total liability to you for any matter arising out of or related to these terms, is limited to US $100.00. If you are dissatisfied with any of the Materials contained in our Services, or with any of these Terms, then your sole and exclusive remedy is to discontinue access and using TrueFort Content, Products and/or Services. Nothing in the Terms limits or excludes our liability for gross negligence, for our or our employees’ intentional misconduct, or for death or personal injury.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless TrueFort, its officers, directors, shareholders, employees, agents, and affiliates for any demands, loss, liability, claims and expenses (including attorneys’ fees) made against TrueFort by any third-party arising out of or in connection with: (a) your access and use of TrueFort Content, Products and/or Services; (b) your breach or alleged breach of these terms; (c) your violation or alleged violation of any third party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (d) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances or orders; (e) any misrepresentation made by you. TrueFort reserves the right to assume exclusive defense and control of any matter subject to indemnification and defense by you, and you will not settle any claim without TrueFort prior written consent. You will cooperate as fully as required to defend any claim. This defense and indemnification will survive these Terms and your use of our Services.

UPDATES AND TERMINATION OF THE TERMS

TrueFort may modify these Terms at any time or correct any errors or omissions in any portion of our Content, Products, Services and Materials. Notice of modification will be posted under the Effective Date at the top of this page. Materials may also be changed, modified, updated, added, deleted or removed without notice at any time, without notice and without liability. TrueFort may also make changes to the Products, services, programs, or prices (if any) described in our Services at any time without notice. By continuing to use or access the Services after any change, you agree to be bound by the revised Terms or Materials.

These Terms shall remain in full force and effect as long as you continue to access or use TrueFort Content, Products and/or Services, or until terminated in accordance with the provisions of these Terms. TrueFort may suspend or terminate your rights to access or use of its Content, Products and/or Services or terminate these Terms if it believes that you have restricted or inhibited another user from enjoying our Services or have used TrueFort Content, Products and/or Services in violation of these Terms. Upon termination of these Terms. Your authorization to use TrueFort Content, Products and/or Services automatically terminates.

GOVERNING LAW

Your relationship is with TrueFort Inc., a United States company, and the Terms are governed by the US state of Delaware, without giving any effect to any principles of conflicts of law or the 1980 U.N. Convention on contracts for the international sale of goods. Any claim or dispute between you and TrueFort that arises shall be decided exclusively through binding, individual arbitration in the state of Delaware. You waive your right to participate in class action lawsuits or class-wide arbitration. In the event that binding arbitration is not enforceable, you consent to the exclusive jurisdiction of the state of Delaware for the resolution of any disputes. Any cause of action you may have with respect to your use of our Services must be commenced within six (6) months after the claim or cause of action arises.

ENTIRE AGREEMENT

These terms constitute the entire agreement between you and TrueFort with respect to your use of the Content, Products and/or Services.

Should any of these provisions be held invalid by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.

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