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Terms of Use Fortressplan.com USER LICENSE AGREEMENT BY USING THE Fortressplan.com WEBSITE, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS.

 

  1. Use of Site. You agree that all information that You provide to Fortressplan.com at any and all times is accurate, complete and not misleading in any material respect. You will not disclose access codes, usernames or passwords used in accessing any area of the Fortressplan.com website to any other party and will maintain such codes or words as confidential. If You become aware of any unauthorized use or distribution of user names or passwords, You shall immediately notify Fortressplan.com via email at support@fortressplan.com This e-mail address is being protected from spambots. You need JavaScript enabled to view it.
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  3. Indemnification. You will indemnify, save, hold harmless and defend Fortressplan.com from and against any and all claims, demands, suits, damages, liabilities and all reasonable expenses, including attorneys fees, against or suffered by Fortressplan.com with respect to any matter that arises as a result of a breach of this Agreement by You.
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  5. Injunctive Relief. You acknowledge that Fortressplan.com has a proprietary interest in the information provided on Fortressplan.com and that any use by You that intends to frustrate the purpose of this Agreement, including but not limited to selling, renting, or otherwise distributing the information would cause irreparable injury to Fortressplan.com in a way that could not be adequately compensated by damages. You agree that, in the event of such improper use, Fortressplan.com shall be entitled to an immediate injunction without the requirement of posting a bond (to the fullest extent permissible by law).
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  7. Disclaimer of Warranties. Fortressplan.com expressly disclaims all warranties of conditions of any kind, express or implied, including without limitation, the implied warranty of title, noninfringement, merchantability and fitness for a particular purpose.
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  9. Limitation of Liability. You agree that Fortressplan.com’s cumulative liability with respect to any claims made in relation to or arising out of this agreement on any theory or basis will not exceed the signup fee paid by You to Fortress.
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  11. Choice of Laws; Jurisdiction. This License Agreement will be governed by and construed in accordance with the laws of the State of Utah without regard to its conflicts of laws provisions. You agree that the exclusive jurisdiction for any action relating to this License Agreement will be in the federal or state courts with jurisdiction encompassing Salt Lake City, Utah and You hereby consent to such jurisdiction.
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  13. Entire Agreement. This License Agreement constitutes the entire agreement between You and Fortressplan.com
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  15. LIMITATIONS OF LIABILITIES:
    UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THIS SITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY OTHER USER OF THE SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL. WE MAY TERMINATE YOUR FURTHER ACCESS TO THE SITE OR CHANGE THE SITE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.