FORTIFI – Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all these Terms and Conditions, do not use this site!

Fortifi may revise and update these Terms and Conditions at any time. Your continued usage of the FORTIFI website (“FORTIFI Site,” or the “Site,”) will mean you accept those changes.

(a) No Warranty

Reliance on any information provided by FORTIFI, FORTIFI employees, others appearing on the Site at the invitation of FORTIFI, or other visitors to the Site is solely at your own risk.

(b) Children’s Privacy

We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.

(c) Use of the Content

The Content posted on this Site is protected by the copyright laws in the United States and in foreign countries. FORTIFI authorizes you to view or download a single copy of the Content solely for your personal, noncommercial use if you include the copyright notice located at the end of the material, for example: “©2024, FORTIFI, . All rights reserved” and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the FORTIFI Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.

Title to the Content remains with FORTIFI or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and other features are subject to change or termination without notice in the editorial discretion of FORTIFI. All rights not expressly granted herein are reserved to FORTIFI and its licensors.

If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

(d) Liability of FORTIFI and Its Licensors

The use of the FORTIFI Site and the Content is at your own risk.

When using the FORTIFI Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of FORTIFI and its suppliers. Accordingly, FORTIFI assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the FORTIFI Site.

The FORTIFI Site and the Content are provided on an “as is” basis. FORTIFI, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, FORTIFI, its licensors, and its suppliers make no representations or warranties about the following:

1. The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, links, or communications provided on or through the use of the FORTIFI Site or FORTIFI.
2. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the FORTIFI Site.

In no event shall FORTIFI, its licensors, its suppliers, or any third parties mentioned on the FORTIFI Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the FORTIFI Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not FORTIFI, its licensors, its suppliers, or any third parties mentioned on the FORTIFI Site are advised of the possibility of such damages. FORTIFI, its licensors, its suppliers, or any third parties mentioned on the FORTIFI Site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $100. FORTIFI, its licensors, its suppliers, or any third parties mentioned on the FORTIFI Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

(e) User Content and Submissions

The personal information you submit to FORTIFI is governed by the FORTIFI Privacy Policy. To the extent there is an inconsistency between this Agreement and the FORTIFI Privacy Policy, this Agreement shall govern.

The Site may contains functionality and other interactive areas, including Articles, Forums, Blogs, (collectively “Public Areas”) that allow users to post or upload content and other information, including comments, images, questions, reviews, and other materials (the “User Content”).  Users may also upload User Content via our official brand presence on social media platforms and branded hashtags, including, without limitation Facebook, Twitter, Google Plus, YouTube, Instagram, and Pinterest, (collectively “Social Media Platforms”). You agree that you will not post, upload, or transmit any communications or User Content of any type to the Public Areas or Social Media Platforms that infringe or violate any rights of any party. By submitting communications or User Content to the Public Areas or Social Media Platforms, you agree to comply with these Terms and Conditions and other applicable polices, such as our Reviews Guidelines.  FORTIFI reserves the right to remove User Content for any reason, including User Content that we believe violates these Terms and Conditions or our other policies, such as our Reviews Guidelines. By submitting any communications or User Content to the Public Areas or Social Media Platforms, you further agree that such submission is non-confidential for all purposes. It is important to note that FORTIFI is not responsible for the operation, terms of use or policies of any Social Media Platform. Before using any Social Media platform you should review its terms of use and policies, including its privacy policy.

You agree that you will not send or transmit to FORTIFI by email, (including through the email addresses listed on the “Contact Us” page) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to FORTIFI by email, you agree such submission is non-confidential for all purposes.

If you make any submission or post User Content to a Public Area or a Social Media Platform or if you submit any business information, idea, concept or invention to FORTIFI by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted-FORTIFI a royalty-free, perpetual, irrevocable, worldwide, non-exclusive, fully sublicensable right and license to use, reproduce, create derivative works from, modify, adapt, publish, edit, translate, distribute, perform, and publicly display such submission or User Content in any media or medium, or any form, format, or forum now known or hereafter developed. FORTIFI may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or Social Media platforms or to FORTIFI by email. We try to answer every email in a timely manner but are not always able to do so.

(f) User Submissions – Image, Video, Audio Files

You agree that you will not upload any material that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Web site.

(g) Passwords

FORTIFI may feature tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your FORTIFI passwords or accounts. It is your sole responsibility to: (1) control the dissemination and use of sign-in name, screen name and passwords; (2) authorize, monitor, and control access to and use of your FORTIFI account and password; (3) promptly inform FORTIFI if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password. To send us an email, use the “Contact Us” links located at the bottom of every page of our site. You grant FORTIFI and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. FORTIFI cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using FORTIFI tools and services.

(h) User Content Guidelines

If you use, or post User Content on, a Public Area such as blogs, or in our Physician Groups, or post on any Social Media platform, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas or on the Social Media Platforms. FORTIFI and its licensors are not responsible for the consequences of any communications in the Public Areas or on Social Media Platforms. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.

In consideration of being allowed to access FORTIFI Social Media Platforms, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

1. Using a Public Area or Social Media platform for any purpose in violation of local, state, national, or international laws;
2. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
3. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by FORTIFI in its sole discretion;
4. Posting advertisements or solicitations of business;
5. After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
6. Posting chain letters or pyramid schemes;
7. Impersonating another person;
8. Distributing viruses or other harmful computer code;
9. Harvesting, scraping or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments;
10. Allowing any other person or entity to use your identification for posting or viewing comments
11. Posting the same note more than once or “spamming”; or
12. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area, Social Media Platform or the Site, or which, in the judgment of FORTIFI, exposes FORTIFI or any of its customers or suppliers to any liability or detriment of any type.

FORTIFI or its licensors have no liability or responsibility to users of the FORTIFI Site or any other person or entity for performance or nonperformance of the aforementioned activities.

(i) Advertisements, Searches, and Links to Other Sites

FORTIFI may provide links to third-party web sites. FORTIFI also may select certain sites as priority responses to search terms you enter and FORTIFI may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. FORTIFI does not recommend and does not endorse the content on any third-party websites. FORTIFI is not responsible for the content of linked third-party sites, sites framed within the FORTIFI Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. FORTIFI does not endorse any product, service, or treatment advertised on the FORTIFI Site. For more information, read our Advertising Policy and our Sponsor Policy.

(j) Indemnity

You agree to defend, indemnify, and hold FORTIFI, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from: (a) your use of the Site, (b) any content you post or upload, (c) your use of or reliance on any Content, or (d) your violation of these Terms and Conditions.

(k) General

FORTIFI is based in The Woodlands, Texas in the United States of America with its principal offices in The Woodlands, Texas. FORTIFI makes no claims that FORTIFI, or any Site within the FORTIFI Network and the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the FORTIFI Network from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, User Submissions – image, video, audio files, Indemnity, Jurisdiction, and Complete Agreement.

(l) Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with FORTIFI, or in any way relating to your use of the FORTIFI Site, resides in the courts of the State of Texas and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Texas in connection with any such dispute including any claim involving FORTIFI or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms and Conditions are governed by the internal substantive laws of the State of Texas, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

(m) Notice and Takedown Procedures; and Copyright Agent

If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting FORTIFI’s copyright agent (identified below) and providing the following information:

1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
3. Your name, address, telephone number and (if available) e-mail address.
4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.

FORTIFI’s agent for copyright issues relating to this web site is as follows:

FORTIFI
Attn: Office of Privacy

Email:

In an effort to protect the rights of copyright owners, FORTIFI maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.

(n) Complete Agreement

Except as expressly provided in a particular “legal notice” on the FORTIFI Site, these Terms and Conditions and the FORTIFI Privacy Policy constitute the entire agreement between you and FORTIFI with respect to the use of the FORTIFI Site, and Content.