Terms of Service

These Terms of Use (“Terms”) are a legal contract between you (“you”) and Fortify Work Inc. (“us” or “our” or “we” or “Fortify”) and govern your use of all the text, data, information, software, graphics, photographs and other materials (collectively referred to as “Materials”) that we and our affiliates may make available to you through any area of the websites located at https://fortifywork.com (“Websites”), any services we may provide through the Websites (“Services”), and any software that we provide (including, but not limited to, software for installation and use on a mobile device) that permits you to access and use the Services (collectively, the “Software”, and in conjunction with the Materials, the Websites and the Services, the “Fortify Service”).

Read these terms carefully before browsing the websites or otherwise using the Fortify Service. By accessing or using the Fortify Service, you agree to these Terms to the extent permitted by applicable law. You cannot use the Websites, Software or Services if you do not accept these terms.

These terms contain a dispute resolution and arbitration provision, including class action waiver that affects your rights under these terms and with respect to disputes you may have with Fortify. You may opt out of the binding individual arbitration and class action waiver as provided below.

FORTIFY SERVICES

The Fortify Service is a job marketplace connecting people seeking work in the skilled trades (each a “Job Seeker”) with employers, recruiters, and companies seeking technicians (each an “Employer”). Job Seekers may use available features to describe their skills and preferences, discover job opportunities, and connect with Employers. Employers may use available features to describe open roles and connect with Job Seekers.

Fortify provides a technology platform. We do not guarantee that any Job Seeker will receive an interview, offer, or job, or that any Employer will find or hire a candidate. A recommendation or match is not a hiring decision or a verification of a person, company, license, job, or qualification. Employers remain responsible for their hiring decisions and employment practices, and Job Seekers remain responsible for deciding whether an opportunity is suitable for them.

Fortify is free for Job Seekers. Any fees for Employer services will be disclosed and agreed to before the Employer incurs them. These Terms do not govern educational financing offered by Fortify Education, Inc.; those services have separate terms and privacy notices.

CHANGES.

We may alter the Services we offer and/or may choose to modify, suspend or discontinue any part or all of the Fortify Service at any time and without notifying you. We may also change, update, add or remove provisions of these Terms from time to time. We will inform you of any modifications to these Terms by posting them on the Websites and in the Software. For major modifications to the Terms of Service, we will send an email to the address associated with your account. To be sure we properly reach your email inbox, you agree to promptly update us if your preferred email address changes at any time after your registration.

If you object to any such modifications, your sole recourse shall be to cease using the Fortify Service. Continued use of the Fortify Service following notice of any such modifications indicates you acknowledge and agree to be bound by the modifications. Also, please know that these Terms may be superseded by our separate written services agreement, by expressly-designated legal notices, or by terms located on particular pages of the Websites or in the Software or on the sites of our partners. Such expressly-designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.

GENERAL USE.

By using the Fortify Service, you agree that you are at least 18 years of age and legally able to enter into these Terms. If you are not at least 18 years old, you may not use the Fortify Service. If you use the Fortify Service on behalf of an Employer or other organization, you represent that you have authority to bind that organization to these Terms.

In these Terms, we are granting you a limited, personal, non-exclusive and non-transferable license to access the Websites, use the Services, and display the Materials; your right to use the Materials is conditioned on your compliance with these Terms. You have no other rights in the Websites, Services or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit the Websites, the Services or any of the Materials in any manner. If you make copies of any of the Materials, you must keep on such copies all of our copyright and other proprietary notices as they appear on the Websites and Software.

If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials (and any copies thereof).

USING THE SERVICES.

Fortify Accounts

You need not register with us to simply visit and view the Websites. Certain features, when available, may require you to register for an account and be granted access to use the Fortify Service. If you register as an Employer, we may require an additional services agreement (the “Ancillary Agreement”) before providing particular hiring services. Fortify reserves the right to refuse to do business with Employers or to decline to execute Ancillary Agreements at our discretion, subject to applicable law. For so long as you use the Fortify Service, you agree to provide only true, accurate, current, and complete information to Fortify, and to update this information when it changes.

You are responsible for complying with these Terms and the terms of any applicable Ancillary Agreement when you access and use the Fortify Service. It is your responsibility to obtain and maintain all equipment and services needed for access and to pay related charges. Where account credentials are provided, it is your responsibility to maintain their confidentiality. Should you believe your account or security for the Fortify Service has been breached in any way, you must immediately notify us at help@fortifywork.com.

Using the Services

Job Seekers. Job Seekers may use the Fortify Service to explore jobs, provide job preferences, submit information about their experience and qualifications, and request introductions or apply for opportunities through available features. You must accurately describe your skills, training, licenses, certifications, and work history. You decide what information to submit and which opportunities to pursue. Expressing interest in a job does not itself establish an employment relationship or guarantee that an Employer will receive or respond to an application.

Employers. Employers may use the Fortify Service to provide job details or a link to a job posting and, through available features, review and contact candidates. You must have authority to recruit for the roles you submit. Job postings must describe genuine opportunities and accurately state the employer, location, responsibilities, required qualifications, compensation, schedule, and employment status. You are responsible for keeping postings current and complying with applicable employment, wage, pay-transparency, worker-classification, privacy, and anti-discrimination laws.

Employers may use Job Seeker information only for legitimate recruitment and hiring purposes consistent with the Job Seeker's permissions, these Terms, and applicable law. You may not sell candidate information, use it for unrelated marketing, discriminate unlawfully, or demand payments from Job Seekers to apply for a job. You are responsible for required notices and consents for any background checks or other screening you conduct. These Terms do not authorize a credit report, background check, or employment verification. You must obtain any separately required authorization.

ELECTRONIC COMMUNICATIONS CONSENT.

When you request information or use the Fortify Service, we may communicate with you electronically about your request, job preferences, hiring needs, support inquiries, and use of the Services. These communications may include notices, agreements, disclosures, transactional information, and other information concerning the Fortify Service. To the extent permitted by applicable law, electronic notices satisfy requirements that such communications be in writing. Where the law requires separate consent or disclosures, we will obtain that consent or provide those disclosures separately.

Providing a phone number does not by itself authorize automated marketing calls or text messages. If you separately opt in to a text-message program, messages will be sent in accordance with the consent and program terms presented to you. Consent to marketing messages is not a condition of using the Fortify Service. Message and data rates may apply. You may reply STOP to opt out of a text-message program or HELP for help, or contact help@fortifywork.com. You may unsubscribe from promotional emails using the link in the email; service-related communications may still be sent where permitted by law.

PRIVACY POLICY.

The Fortify Privacy Policy (“Privacy Policy”) is incorporated by reference into these Terms. The Privacy Policy explains our information practices. Agreement to these Terms is not a substitute for any separate consent required by privacy law.

We respect the information that you provide to us, and want to be sure you fully understand exactly how we use that information. We encourage you to review the Privacy Policy in detail, which explains how we collect and use such information.

LINKS TO THIRD-PARTY SITES.

We sometimes may provide links on the Fortify Service to third-party websites. If you use these links, you will leave the Fortify Service. We are not obligated to review any third-party websites that you link to from the Fortify Service, we do not control any of the third-party websites, and we are not responsible for any of the third-party websites (or the products, services, or content available through any of them). Thus, unless specifically stated elsewhere in the Fortify Service, we do not endorse or make any representations about such third-party websites, including any information, software, products, services, or materials found there or any results that may be obtained from your use of them. If you decide to access any of the third-party websites linked to from the Fortify Service, you do so entirely at your own risk and you must follow the privacy policies and terms and conditions for those third-party websites.

USER SUBMISSIONS.

Certain areas of the Fortify Service may permit you to upload or submit feedback, information, images, data, text, software, messages, or other materials (each, a “User Submission”). You agree that you are solely responsible for your User Submissions, which may include profiles, resumes, job postings, applications, and messages. You retain ownership of your User Submissions. We handle personal information in accordance with our Privacy Policy and your sharing choices; submitting a resume or contact information does not make it public.

By submitting any User Submission, you are promising us that:

• You own all rights in your User Submissions (including, without limitation, all rights to the reproduction and display of your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to us the rights in your User Submissions as described in these Terms;
• You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions;
• Your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
• Any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;
• Your User Submission does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
• Your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another's privacy;
• Your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
• Your User Submission does not contain or constitute spam, chain letters, pyramid schemes, or unauthorized solicitation; legitimate job postings and applications submitted through the Services are permitted.

By submitting a User Submission, you grant us a non-exclusive, worldwide, royalty-free license to host, store, reproduce, format, display, and transmit that submission as reasonably necessary to provide and maintain the Fortify Service, in accordance with your sharing choices and our Privacy Policy. This license includes allowing our service providers to perform these tasks on our behalf. It does not permit us to use private resumes, applications, or messages in public advertising without your separate permission. The license ends when the submission is deleted from our systems, except for copies retained as described in the Privacy Policy or required by law. Recipients may retain copies already shared with them, subject to their legal obligations.

We may, but are not obligated to, pre-screen User Submissions or monitor areas of the Fortify Service through which they may be submitted. We may refuse or remove submissions that violate these Terms or applicable law, and may restrict access to protect the Services and users. You should keep your own copies of important information.

UNAUTHORIZED ACTIVITIES.

We authorize your use of the Fortify Service for legitimate job searching, recruitment, hiring, and related communication (“Permitted Purposes”). Any use beyond the Permitted Purposes is prohibited. Unless you have written permission from us stating otherwise, you are not authorized to use the Fortify Service in any of the following ways. These are examples only and are not a complete list of prohibited activities.

• To violate any applicable law, including employment, privacy, wage, and anti-discrimination laws;
• To post false, misleading, discriminatory, fraudulent, or unlawful jobs or qualifications;
• To stalk, harass, exploit, or harm another individual;
• To impersonate any person or entity or misrepresent your authority or affiliation;
• To collect money, financial credentials, or sensitive personal information through a fraudulent hiring process;
• To sell, publish, or disclose candidate information without authorization, or use it for purposes unrelated to legitimate hiring;
• To distribute unsolicited bulk messages, malware, pyramid schemes, or other deceptive offers;
• To reproduce or commercially exploit our Materials outside the Permitted Purposes;
• To use data mining, robots, or similar extraction methods without authorization;
• To interfere with the Services or attempt unauthorized access to any account, system, or network, whether through hacking, password mining, or other means.

You agree to indemnify and hold Fortify and its officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, costs, awards, fines, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Fortify Service, your violation of these Terms or your violation of any rights of another. You alone are responsible for any violation of these Terms by you or by anyone using your account. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.

PROPRIETARY RIGHTS.

The trademarks, service marks, and logos of Fortify (“Our Trademarks”) used and displayed on various parts of the Fortify Service are registered and unregistered trademarks or service marks of Fortify. Other company, product, and service names located on the Fortify Service may be trademarks or service marks owned by others (the “Third-Party Trademarks”, and, collectively with Our Trademarks, the “Trademarks”). Nothing in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Our Trademarks inures to our benefit.

Unless otherwise specified in these Terms, all Materials, including the arrangement of them on the Fortify Service are our sole property, or the property of our suppliers and licensors. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

INTELLECTUAL PROPERTY INFRINGEMENT.

We respect the intellectual property rights of others and encourage you to do the same. Accordingly, we have a policy of removing User Submissions that violate intellectual property rights of others, suspending access to the Fortify Service (or any portion thereof) to any user who uses the Fortify Service in violation of someone's intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the Fortify Service in violation of someone's intellectual property rights.

Pursuant to Title 17 of the United States Code, Section 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by a user of the Fortify Service, please provide written notice to us at help@fortifywork.com for notice of claims of infringement.

To be sure the matter is handled immediately, your written notice must:

• Contain your physical or electronic signature;
• Identify the copyrighted work or other intellectual property alleged to have been infringed;
• Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
• Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address);
• Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law;
• Contain a statement that the information in the written notice is accurate; and
• Contain statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.

Unless the notice pertains to copyright or other intellectual property infringement, the agent will be unable to address the listed concern.

Submitting a Digital Millennium Copyright Act (“DMCA”) Counter-Notification

If we remove or disable access to copyright-protected material that you provided, pursuant to a validly received DMCA take-down notice, we will notify you. In response, you may provide our agent with a written counter-notification that includes the following information:

1. Your physical or electronic signature;

2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Termination of Repeat Infringers

We reserve the right, in our sole discretion, to terminate the account or access of any user of the Fortify Service who is the subject of repeated DMCA or other infringement notifications.

YOUR RELATIONSHIP WITH US; DISPUTES AMONG USERS.

Explicit Service Contracts

You hereby acknowledge and agree that unless Fortify has directly executed a contract with an Employer or Job Seeker, we are NOT a party to any oral or written agreement for services or any other contract entered into between and among users of the Fortify Service.

No Agency or Partnership

No agency, partnership, joint venture, or employment is created solely as a result of these Terms or your use of any part of the Fortify Service. You do not have any authority whatsoever under these Terms to bind us in any respect. The parties agree that Fortify is a technology company whose primary business is connecting Job Seekers and Employers through a job marketplace. Neither we nor any users of the Fortify Service may direct or control the day-to-day activities of the other or create or assume any obligation on behalf of the other.

Disputes Between Users

You should take reasonable precautions and make whatever investigation or inquiries you deem necessary or appropriate before proceeding with any online or offline transaction with any third party, including without limitation, Employers, Job Seekers, and other individuals or entities with whom you may interact as a result of your use of the Fortify Service.

You understand that deciding whether to apply for or accept a job (as a Job Seeker), whether to interview or hire a candidate (as an Employer), or to otherwise use any information and content found on the Fortify Service, including to execute legally binding contracts, is your personal decision. You understand that we do not and cannot make representations as to the suitability of any individual or organization you may decide to interact with or bind yourself to on or through the Fortify Service and/or the accuracy or suitability of any advice, information, or recommendations made by any individual or organization. For the avoidance of doubt, Fortify does not make any representations about the suitability, availability, safety, or terms of any job, or the qualifications or conduct of any candidate or Employer.

UNLESS OTHERWISE AGREED IN WRITING, IF THERE IS A DISPUTE BETWEEN USERS OF THE FORTIFY SERVICE, OR BETWEEN ANY USER OF THE FORTIFY SERVICE AND ANY THIRD PARTY, YOU ACKNOWLEDGE AND AGREE THAT WE ARE UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT A DISPUTE ARISES BETWEEN YOU AND ANY THIRD PARTY, YOU HEREBY RELEASE US, OUR OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS, AND SUCCESSORS IN RIGHTS FROM ANY CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FORESEEABLE OR UNFORESEEABLE, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES. TO THE EXTENT PERMITTED BY LAW, IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE SECTION 1542 FOR THIS RELEASE, INCLUDING ITS PROTECTION FOR CLAIMS YOU DO NOT KNOW OR SUSPECT TO EXIST WHEN GIVING A RELEASE. THIS RELEASE DOES NOT LIMIT RIGHTS OR CLAIMS THAT CANNOT LAWFULLY BE WAIVED.

DISCLAIMER OF WARRANTIES.

THE WEBSITES, MATERIALS, SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS”, AND THE ENTIRE RISK AS TO THEIR USE IS WITH YOU. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THE WEBSITES, MATERIALS, SOFTWARE AND SERVICES, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY THAT THE WEBSITES, MATERIALS, SOFTWARE AND SERVICES WILL MEET YOUR REQUIREMENTS, THAT YOUR USE OF THE FORTIFY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS IN THE FORTIFY SERVICE WILL BE CORRECTED. WE MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITES, MATERIALS, SOFTWARE AND SERVICES, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OR SERVICES OBTAINED THROUGH THE USE OF THE FORTIFY SERVICE, AND ARE NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS, OR FAILURE TO ACT OF ANY THIRD PARTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE FORTIFY SERVICE OR FROM US OR OUR SUBSIDIARIES/OTHER AFFILIATED COMPANIES SHALL CREATE ANY WARRANTY. WE DISCLAIM ALL EQUITABLE INDEMNITIES.

LIMITATION OF LIABILITY.

The exclusions and limitations in these Terms apply only to the extent permitted by applicable law. Nothing in these Terms excludes liability or limits rights that cannot lawfully be excluded or limited.

YOU ARE USING THE WEBSITES, MATERIALS, SOFTWARE AND SERVICES AT YOUR SOLE RISK. WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE FORTIFY SERVICE OR YOUR USE OF OUR SERVICES. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, COST OF SUBSTITUTE GOODS AND SERVICES, USE, OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE.

YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY USER OR ORGANIZATION, INCLUDING, BUT NOT LIMITED TO, JOB SEEKERS OR EMPLOYERS. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE FORTIFY SERVICE, AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE THEREOF. UNLESS OTHERWISE AGREED IN WRITING, WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE FORTIFY SERVICE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE FORTIFY SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS, BUSINESS ARRANGEMENTS, AND INTERACTIONS WITH ANY PERSONS WITH WHOM YOU COMMUNICATE, TRANSACT, OR INTERACT AS A RESULT OF YOUR USE OF THE FORTIFY SERVICE, INCLUDING, BUT NOT LIMITED TO, JOB SEEKERS OR EMPLOYERS, PARTICULARLY IF YOU MEET OFFLINE OR IN PERSON, REGARDLESS OF WHETHER WE FACILITATE SUCH MEETINGS OR TRANSACTIONS. WE EXPLICITLY DISCLAIM ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USER OF THE FORTIFY SERVICE AND ALL OTHER THIRD PARTIES.

LOCAL LAWS; EXPORT CONTROL.

We control and operate the Websites and Software and provide the Fortify Service from our headquarters in the United States of America. The entirety of the Fortify Service may not be appropriate or made available for use in other locations. If you use the Fortify Service (or any portion thereof) outside the United States of America, you are solely responsible for following applicable local laws.

FEEDBACK.

Feedback means suggestions about our products and services. It does not include your private resume, job application, contact information, or messages to an Employer.

Any submissions you provide to us suggesting changes or improvements to the Fortify Service (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant us an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as we may determine in our sole discretion. You understand and agree, however, that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER.

Please read the following provision on Dispute Resolution and Arbitration; Class Action Waiver (this “Provision”) carefully. It affects your rights.

To the extent permitted by applicable law, it provides that all Disputes (as defined below) between you and Fortify shall be resolved by binding arbitration. Arbitration is a form of private dispute resolution and replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into these Terms constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney's fees).

For purposes of this Provision, “Fortify” means Fortify Work Inc. and its parents, subsidiaries, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and Fortify regarding, arising out of or relating to any aspect of your relationship with Fortify, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable cause of action or claim for relief, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as Fortify's licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.

YOU AND FORTIFY EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

Pre-Arbitration Claim Resolution

For all Disputes, whether pursued in court or arbitration, you must first give Fortify an opportunity to resolve the Dispute. You must commence this process by emailing us written notification to help@fortifywork.com. That written notification must include (1) your name, (2) your physical address, (3) a written description of the Dispute, and (4) a description of the specific relief you seek. If Fortify does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.

Exclusions from Arbitration/Right to Opt Out

Notwithstanding the above, you or Fortify may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS (the “Opt-Out Deadline”). You may opt out of this Provision by emailing us written notification to help@fortifywork.com. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with Fortify through arbitration. Your decision to opt-out of this Provision will have no adverse effect on your relationship with Fortify. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.

Class Action Waiver

Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless applicable law requires otherwise or both you and Fortify specifically agree to do so in writing following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Fortify Service can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

No Judge or Jury in Arbitration

Arbitration does not involve a judge or jury. You understand and agree that by entering into these Terms you and Fortify are each giving up the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and Fortify might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.

Severability

If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable, and the Dispute will be decided by a court.

Continuation

This Provision shall survive the termination of your service with Fortify or its affiliates. Notwithstanding any provision in these Terms to the contrary, you and Fortify agree that if Fortify makes any change to this Provision (other than a change to the Notice Address), you may reject any such change and require Fortify to adhere to the present language in this Provision if a dispute between us arises.

General.

We prefer to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by us, may result in immediate termination of your access to the Fortify Service without prior notice to you. The Federal Arbitration Act, California state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to these Terms. Except for Disputes subject to arbitration as described above, any disputes relating to these Terms or the Fortify Service will be heard in the courts located in Austin, Texas. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Our failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and Fortify and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Fortify about the Fortify Service. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

CONTACT US.

If you have any questions about these Terms, or otherwise need to contact us for any reason, you can reach us at help@fortifywork.com.