Terms of Use

Last Updated: June 15, 2023

 

These website Terms and Conditions of use (the “Terms of Use”) apply to the Forter website at www.forter.com and any associated sites linked to www.forter.com owned or operated by Forter Ltd. and/or its affiliates (collectively, “we”, “us”, “our”, or “Forter”), including any Forter sites around the world (collectively, the “Site”). By accessing or using the Site, you agree to these Terms of Use. If at any time you do not agree with any of these Terms of Use, then you may not access or use the Site.

We may modify these Terms of Use at any time, in our sole discretion, without prior notice. Any updates to these Terms of Use will be effective as of the “Last Updated” date at the beginning of these Terms of Use. It is your responsibility to periodically review these Terms of Use for updates. By continuing to use or access the Site following any updates to the Terms of Use means that you agree to those changes to the Terms of Use. 

Please review our Privacy Policy as it describes the data that Forter collects, how we protect it, how we use it, and your rights in relation to that data. Our Privacy Policy also applies to your use of this Site and is incorporated by reference into these Terms of Use.

Intellectual Property 

The Site and all of the content included, displayed or made available through the Site, such as text, graphics, trademarks, logos, pictures, videos, sounds, music, documents, artwork and software (collectively, “Content”) are owned, controlled or licensed by or to Forter and is protected by United States and international copyright, trademark and other applicable intellectual property laws.

Except as expressly permitted in these Terms of Use, you may not (in any way) copy, reproduce, republish, upload, post, publicly display, encode, translate, transmit or distribute any part of the Site or the Content. Any other names, logos, product and service names, designs and slogans that are not owned or controlled by Forter and may appear on the Site are the property of their respective owners, who may or may not be affiliated with or connected to Forter.

 

Use of the Site

When you access or use the Site, whether on behalf of yourself or on behalf of any third party, you agree not to:

 

  • Access or attempt to access or use the Site other than through the interface that is provided by Forter, or through the user accounts and credentials of other parties;
  • Access or attempt to access or use the Site, or any portion thereof, through any manual or automated device or any other methodology, including but not limited to the use of scripts, robots or web crawlers;
  • Redirect or attempt to redirect visitors of the Sites to another website or mobile application;
  • Engage in any activity, including using any device, software or routine, that disrupts or otherwise interferes with the Site (or the servers and networks which are connected to the Site), or attempts to do so;
  • Impersonate any other person or entity, or falsely state or otherwise misrepresent that (i) you represent someone else or (ii) your affiliation with any person or entity;
  • Scrape, duplicate, reproduce, copy, license, sell or trade the Site or Content for any purpose, unless you have explicitly authorized to do so in a written agreement signed by an authorized Forter representative;
  • Probe, scan or test the vulnerability of the Site or any network connected to the Site, unless you have explicitly authorized to do so in a written agreement signed by an authorized Forter representative;
  • Take any action that would impose an unreasonable or disproportionately large load on the Site infrastructure or Forter or any systems or networks connected to the Site or Forter;
  • Sell, share, or otherwise transfer your account credentials to a third party, including your username, password, other information; 
  • Spam or send unsolicited or unauthorized emails;
  • Use the Site to store or transmit malicious code or malware, or to engage in phishing or other fraudulent activity;
  • Restrict or inhibit any other person from using the Site; or
  • Use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any unlawful activity or other activity which infringes the rights of Forter or others.

 

Violation of these Terms of Use

You agree that Forter retains the right to investigate any violations of these Terms of Use or any other applicable agreements connected to your use of the Site. Forter also has the right, in its sole discretion, to terminate your access to the Site and/or block your future ability to access the Site. The exercise of these rights shall be in addition to, and not in substitution for, any other rights and remedies available to Forter at law or in equity.

 

Accounts and Passwords

Forter may require you to create an account in order to access certain pages, content. features or services on the Site. You must be at least 18 years old to create an account. You are required to provide accurate and up-to-date information in your account registration forms and keep such information updated. You are also responsible for maintaining the confidentiality of the information relevant for your account and the activity that occurs under your account if you fail to secure your account credentials. You agree to notify Forter immediately of any unauthorized use of your account or account credentials. 

If your Forter account is managed by your employer then such employer may have additional rights to access or disable your account separate from Forter, including additional rights to view information regarding your use of the account. Forter reserves the right to, in its sole discretion, suspend, block, disable, deactivate or terminate your account at any time. 

 

Feedback

You acknowledge and agree that any feedback you leave on this Site will be deemed non-confidential. These Terms of Use apply to your feedback and you are under no obligation to provide feedback. All feedback will be deemed to be the sole and exclusive property of Forter. 

 

Links to Other Sites

This Site may include links to other third-party independent sites. These third-party sites are not under Forter’s control and Forter is not responsible for the content, availability or accuracy of the linked sites. Forter does not endorse these third-party sites and you should make an independent determination about whether or not to interact with those third-party sites. 

 

Disclaimer

EXCEPT AS EXPRESSLY PROVIDED HEREIN, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SITE AND ALL INFORMATION, CONTENT, SERVICES AND FEATURES ARE PROVIDED TO YOU ON AN “AS IS” BASIS, WITHOUT WARRANTIES OR REPRESENTATION OF ANY KIND, AND FORTER EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES – STATUTORY, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. FORTER FURTHER DISCLAIMS ANY WARRANTY THAT THE OPERATION OF THE FORTER SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ERRORS WILL BE CORRECTED, OR THAT THE FORTER SITE OR SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. YOU ACKNOWLEDGE THAT THE FORTER SITE AND SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. FORTER IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST FORTER FOR ANY PROBLEMS, LIMITATIONS, DELAYS OR OTHER PROBLEMS WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT.

 

Limitation of Liability

IN NO EVENT WILL FORTER BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, COST OF DELAY, BUSINESS INTERRUPTION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR HOWEVER CAUSED, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, WHETHER OR NOT FORTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

Indemnification

You agree to indemnify Forter and its affiliates, and its and their officers, directors, employees and agents, from and against any losses, liabilities or costs (including attorneys’ fees), from any third party claims made against Forter arising out of or in connection with your use of the Site. 

 

Governing Law

This Terms of Use is governed by the laws of the State of New York, without regards to its conflict of laws principles, and any dispute arising from this Agreement shall be brought exclusively before the courts of New York, NY.

Miscellaneous

This Terms of Use constitutes the entire agreement between You and Forter and supersedes any previous agreements or representations, either oral or written, with respect to the subject matter of this Terms of Use. If any provision of this Terms of Use is declared invalid or unenforceable for any reason in any jurisdiction, such provision shall be deemed modified to the extent necessary to make it valid and operative and in a manner most closely representing the intention of the parties, or if it cannot be so modified, then eliminated, and such elimination shall not affect the validity of any remaining provisions of this Terms of Use, which shall remain in force and effect.  Any failure by Forter to enforce any of the terms, provi­sions or conditions of this Terms of Use or to exercise any right hereunder shall not constitute a waiver of such terms, provisions, conditions or rights, or affect the validity of this Terms of Use or any part hereof. No waiver of this Terms of Use will be valid and binding unless set forth in writing and duly executed by Forter.