Please read these Fourth Site Terms of Use (“Terms”) carefully as they are a binding agreement between You and Fourth Enterprises, LLC (if you reside in the United States) or Fourth Limited (if you reside outside of the United States) (collecting referred to as “Fourth”). By accessing or using Fourth.com, its related sub-domains, or any website or page operated by Fourth which links to these Terms (collectively, the “Site”), you agree to be bound by these Terms and to comply with applicable laws and regulations, including export control, privacy, and copyright laws. Fourth also offers Software-as-a-Service and other products, which are provided pursuant to a separate agreement independent of these Terms.
The Site contains a variety of information and content including, but not limited to, product descriptions, text, images, photographs, documents, testimonials, logos, trademarks, service marks, diagrams, reports, software, download areas, communication forums, Web Services Application Program Interface (“API”) information, and other content and tools (collectively the “Materials”).
If you do not agree to these Terms, you may not use the Site or any Materials contained therein. These Terms form a binding agreement between you and Fourth. Fourth may modify these Terms at any time and such modification shall be effective upon posting to the Site. Your continued use of the Site after any modification to these Terms shall indicate your acceptance of such modified terms.
The Site is not intended for users under the age of 13 and such users are expressly prohibited from submitting any personal data or using the Site. By using the Site, you represent and warrant that you are 13 years of age or older. Your access and any accounts you have created may be terminated without warning if we believe that you are under 13 years of age.
You may be asked to input information to access certain areas of the Site, download certain materials, register for events, or create an account. You agree to provide accurate and up-to-date information. Information you provide to Fourth during any input process, as well as all other information collected about you when you visit the Site, will be governed by Fourth’s then-current Fourth Privacy Policy.
You understand and agree that you are responsible for maintaining the confidentiality of your account passwords. You agree that you will be solely responsible to Fourth for all activities that occur under your account. You agree to notify Fourth immediately of any unauthorized use of, or other security breach related to, your account.
All Materials available on or through the Site, are the property of Fourth, or its licensors, or where indicated, other third parties, and are protected by copyright, trademark, patent, and other applicable laws. No license or other rights are granted except as expressly stated in these Terms. Unless otherwise stated herein, you may use the Materials solely for informational and noncommercial purposes. Unless expressly authorized by Fourth or otherwise permitted by law, you may not copy, publish, display, distribute, alter or make derivative works of any Materials. You may not use the Materials as links or meta tags on other pages or sites. You may not remove, alter, or obscure any proprietary notices on any Materials. Products mentioned in the Materials may not be generally available in your geographical country or region. Product descriptions are subject to change at Fourth’s discretion. All rights not expressly granted by the Site or through its content are reserved by Fourth.
You are entirely responsible for anything that you upload, post, display, or otherwise transmit to or via the Site, including, but not limited to, software code, articles, feedback, or suggestions (each a “Submission”). You acknowledge and agree that all Submissions accessible through the Site, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Submission originated. This means that you, and not Fourth, are entirely responsible for all Submissions that you upload, post, email, transmit or otherwise make available through the Site, and other users of the Site, and not Fourth, are similarly responsible for all Submissions they upload, post, email, transmit, or otherwise make available through the Site.
You acknowledge and agree that Fourth has no obligation to pre-screen Submissions, although Fourth reserves the right in its sole discretion to pre-screen, refuse or remove any Submissions. Without limiting the generality of the foregoing sentence, Fourth shall have the right to remove any Submission that violates these Terms, that it deems objectionable, or for any other reason.
To the extent that you provide any Submissions, you represent and warrant that: (i) you have all necessary right and authority to grant the rights set forth in these Terms with respect to you Submissions; and (ii) your Submissions do not violate any duty of confidentiality owed to another party, or the copyright, trademark, right of privacy, right of publicity or any other right of any other party.
You give Fourth, its affiliated companies and sublicensees a perpetual, irrevocable, transferable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, assign, and distribute any Submission. Fourth is under no obligation to post or use any Submission, and Fourth may remove any Submission at any time in its sole discretion.
If you believe your copyrighted material has been posted on any Site without your permission, please send a notice to Privacy@Fourth.com. You may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent at the above address with the information as set forth in 17 U.S.C. §512(c)(3).
If APIs are available on the Site without a separate license agreement, Fourth hereby grants you a revocable, non-exclusive, non-sublicensable, non-transferable limited license to use the APIs exclusively for the benefit of Fourth or its customers. You assume all liability related to the use of the APIs and the data and content accessible through the APIs. Fourth makes no commitment to continued availability of APIs and you have no rights to version enhancement or support of any kind. Fourth may revise or cease to provide APIs without notice at any time in Fourth’s sole discretion. NOTWITHSTANDING THE FOREGOING, COPYING OR REPRODUCTION OF THE APIs FOR FURTHER REDISTRIBUTION IS PROHIBITED.
Any software downloaded from the Site for or on behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Fourth Enterprises, LLC, 6504 Bridge Point Parkway, #300, Austin, TX 78730, USA.
Fourth is not responsible for any third-party content or linked websites provided on the Site. The provision of any link does not imply Fourth’s endorsement of the website and is provided only as a convenience. Fourth reserves the right to terminate any link or linking program at any time. Fourth does not endorse companies or products to which it links. If you decide to access any of the third-party sites linked to the site, you do so entirely at your own risk.
The Site may not be used in connection with any commercial endeavors except those that are specifically approved by Fourth. You are prohibited from: (i) collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other communications, (ii) any use of the Site, which in Fourth’s sole judgment, degrades the reliability, speed, or operation of the Site or any underlying hardware or software thereof, and (iii) any use of the Site which is unlawful or in violation of these Terms.
By using this Site, you agree to not use the Site for any unlawful purpose, or purpose
prohibited by these Terms. You may not use this Site in a way that could impair, damage, overburden, or disable any Fourth accounts, computer system or network. Probing, scanning, or testing the vulnerability of Fourth’s Site is not allowed. Additionally, you may not use hacking, password mining, or other methods to gain access to Fourth’s products or services without Fourth’s prior written authorization. Attempting to obtain information not intentionally made available to you on this Site is prohibited. You may not use any robot, spider, scraper or other automated means to access the Site or any Fourth content, accounts, computer systems, or networks.
If these Terms are violated and Fourth does not take immediate action, it will not be interpreted as a waiver and does not mean that Fourth has given up any rights. Fourth may take action at any point in response to a violation.
DISCLAIMER OF WARRANTY
USE OF THE SITE AND OF ANY MATERIALS ARE AT YOUR OWN RISK. ALL MATERIALS ARE PROVIDED “AS IS”, “AS AVAILABLE”, WITH ALL FAULTS AND WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. FOURTH EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITATION, FOURTH MAKES NO WARRANTY OR GUARANTEE THAT THE SITE OR ANY MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE, OR ERROR-FREE. THESE EXCLUSIONS OF WARRANTIES WILL APPLY TO YOU TO THE FULLEST EXTENT ALLOWED BY LAW.
LIMITATION OF LIABILITY
IN NO EVENT WILL FOURTH BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THE SITE OR USE OF THE MATERIALS, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THE SITE. FOURTH WILL ALSO NOT BE LIABLE FOR ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS, OR LOSS OF DATA OR GOODWILL, EVEN IF FOURTH IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, NO MATTER THE LEGAL THEORIES, AND EVEN IF THE PARTIES HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE.
These Terms govern your use of the Site and constitute the entire legal agreement between you and Fourth relating thereto. Additional or different terms, conditions, and notices may apply to specific components of Materials offered through the Site. In the event of any conflict, such additional or different terms, conditions, and notices will prevail over these Terms. Please see the applicable agreement or notice. Fourth reserves all rights not expressly granted under these Terms, including intellectual property rights, and no other rights are granted under these Terms by implication or estoppel or otherwise. Fourth may update these Terms from time to time. Fourth will change the Last Updated date at the bottom of these Terms when it does so. It is your responsibility to check these Terms regularly. Fourth’s failure to enforce any legal right or remedy contained in these Terms or applicable law shall not be deemed a formal waiver of those rights or remedies and those rights or remedies will still be available to Fourth. This Site is controlled by Fourth from its offices within the United States of America and the United Kingdom. Fourth makes no representation that Materials on the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. If a court of competent jurisdiction deems any provision of these Terms invalid, the remaining provisions of these Terms will be unaffected. Except where otherwise required by law, the following terms shall apply with respect to any legal matter arising from these Terms: (i) if you reside in the United States, these Terms shall be governed by the laws of the State of Texas without regard to its conflict of laws provisions and you agree to submit to the jurisdiction of the courts of Travis County, Texas; and (ii) if you reside outside of the United States, these Terms shall be governed by the laws of England and Wales, and you agree to submit to the jurisdiction of the courts of England and Wales. You acknowledge that Fourth may apply for injunctive remedies in any jurisdiction. There are no third party beneficiary rights under these Terms.
© 2021 Fourth Enterprises, LLC All rights reserved. Fourth and the Fourth logos are trademarks of Fourth, Enterprises, LLC, registered in the United States and elsewhere. All other brand and product names are trademarks or registered trademarks of their respective holders.
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