Terms of Use – FOG Software Group

Welcome to the FOG Software Group ("FOG Software") web site (the "Web Site"). Please review the following terms and conditions concerning your use of this Web Site. By accessing, using or downloading information, documents, software, or any other materials from the Web Site, you agree to follow and be bound by these terms and conditions (the "Terms"), which FOG Software may update at any time without notice. You should visit this page periodically to review the then-current Terms of Use. Please note that FOG Software may, at its sole discretion, terminate your access to this web site at any time without notice.

Intellectual Property Rights

All materials provided on this Web Site, including but not limited to information, documents, products, logos, graphics, sounds, images, software, and services ("Materials"), are provided either by FOG Software or by their respective subsidiary companies, third-party manufacturers, authors, developers and vendors ("Third Party Providers") and are protected by applicable laws. All copyright, trademark, and other rights in the Web Site and materials as well as all services relating thereto, are reserved to FOG Software, its wholly owned subsidiaries and/or its Third-Party Providers.

Use of Web Site Content

You may display, copy, distribute and download FOG Software's Materials on this Web Site provided that: (1) the use of such Materials is solely for personal, non-commercial and informational use and will not be copied or posted on any publicly networked computer, broadcast in any media, or used for commercial gain; and (2) the Materials are not modified in any way. Except as expressly provided in these Terms, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of FOG Software or the Third-Party Provider. Also, you may not "mirror" any Materials contained on this Web Site on any other server without FOG Software's prior express written permission.

This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded or printed Materials.

Any unauthorized use of any Materials contained on this Web Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.


The trademarks, service marks and logos of FOG Software and others used in this Web Site ("Trademarks") are the property of Friedman Operating Group (FOG) and their respective owners. You have no right to use any such Trademarks, and nothing contained in this Web Site or the Terms of Use grants any right to use (by implication, waiver, estoppel or otherwise) any Trademarks without the prior written permission of FOG Software or the respective owner.

Links to Third Party Sites

As a convenience to you and without endorsement, the Web Site contains links to web sites controlled by third parties. Such linked, third-party sites are not under the control of FOG Software and FOG Software is not responsible for the content of any linked site or any link contained in a linked site. FOG Software reserves the right to terminate any link at any time. You agree to assume all the risk of your use of any linked site. FOG SOFTWARE DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, TO ANY SUCH LINKED SITES, INCLUDING BUT NOT LIMITED TO ANY TERMS AS TO THE ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SITE.

Access to Password Protected or Secured Areas

Access to and use of password protected or secured areas of this web site is restricted to authorized users only. You will be asked to provide accurate and current information on all registration forms on this web site. You are solely responsible for maintaining the confidentiality of any username and password that you choose or is chosen by your web administrator on your behalf, to access this web site as well as any activity that occur under your username/password. You will not misuse or share your username or password, misrepresent your identity or your affiliation with an entity, impersonate any person or entity, or misstate the origin of any Materials you are exposed to through this web site.

All information specified and materials posted in a Secured Website by FOG Software are CONFIDENTIAL and PROPRIETARY to FOG Software and its licensors and shall only be used in connection with (i) the use of FOG Software software; and (ii) informational communications with other FOG Software customers, partners or suppliers. Use of such CONFIDENTIAL and PROPRIETARY information and materials for any other purpose is strictly prohibited.

If you violate your obligations under this section, you may be subject to prosecution.


You agree to indemnify, defend and hold harmless FOG Software and its affiliates and their respective officers, employees, shareholders, directors, agents, vendors, contractors, and business partners from and against any and all third party claims, liabilities, damages, losses or expenses (including reasonable attorney's fees and costs) arising out of, based on or in connection with your access and/or use of this web site.

Warranties and Disclaimers

FOG Software assumes no responsibility for accuracy, correctness, timeliness, or content of the Materials provided on this web site. You should not assume that the Materials on this web site are continuously updated or otherwise contain current information. FOG Software is not responsible for supplying content or materials from the web site that have expired or have been removed. THE MATERIALS PROVIDED AT THIS WEB SITE ARE PROVIDED "AS IS" AND ANY WARRANTY (EXPRESS OR IMPLIED), CONDITION OR OTHER TERM OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE IS HEREBY EXCLUDED.


Governing Law and Jurisdiction

The Web Site is controlled by FOG Software from its offices in Deerfield, Illinois, United States of America. All matters relating to your access and use of this web site shall be governed by the federal laws of the United States and the laws of the State of Illinois. Exclusive jurisdiction and venue of any actions arising out of, or relating to or in any way connected with your access and/or use of this web site shall be in Lake County, Illinois if in state court and in the Northern District of Illinois if in Federal Court.

You may not access, download, use or export the site materials, products or services contained on the Web Site in violation of U.S. export laws or regulations, or in violation of any applicable local laws or regulations.

Your Privacy is Important to Us

FOG Software Group (“FOG Software”) is committed to protecting your privacy and maintaining the integrity of any identifiable information (“Personal Information”) we collect about you.  The purpose of this Privacy Policy is to outline the steps we take to keep your Personal Information confidential, to inform you about how and why we collect Personal Information and to provide you with our contact information in case you have any questions or concerns arising out of our Privacy Policy.

Protecting your privacy and maintaining the integrity of Personal Information means that: we will keep your information and the business you do with us in confidence; we will not sell, rent or loan your information to third parties; we will respect your privacy when we may contact you concerning various products and services which we make available to you from time to time; you will have control over how we obtain, use and under circumstances give out information about you; and you will have access to the information that we have about you.

Why FOG Software May Collect Personal Information

FOG Software collects Personal Information and may use it in order to:

  • Establish identity;
  • Perform necessary identity and security verifications;
  • Process transactions and conduct business;
  • Deliver products and services;
  • Provide customer support and services;
  • Provide ongoing service delivery;
  • Provide you with information;
  • Improve products, services and service delivery;
  • Better understand your needs, interests and suitability for various products and services;
  • Recommend specific products and services that may meet your needs;
  • Respond to issues, questions, and queries;
  • Protect you and us against errors or fraud; and
  • Co-operate with law enforcement and legal authorities, where required, to comply with applicable laws and with court orders.

FOG Software will collect, use and may disclose personal information only for purposes that a reasonable person would consider appropriate in the circumstances; and endeavors to collect as little information as possible as may be necessary under the circumstances.

Please note that aggregated statistics and information, where the identity of a specific individual cannot be identified, is not Personal Information.  FOG Software reserves the right to use aggregated information in any manner it determines, in its discretion, to be appropriate.  Use of such aggregated information may include, but not be limited to, the preparation of aggregated user statistics and information summaries to improve efficiency, more effectively describe our product and service offerings, and assist in the marketing of our products and services.  Aggregated statistics and information will not contain Personal Information.

What Type of Personal Information FOG Software May Collect

FOG Software collects various types of Personal Information.  During the course of doing business or interacting with FOG Software , or receiving products and services from or through FOG Software , you may depending on the nature of the circumstances be asked to provide FOG Software with:

  • Geographic (physical) addresses;
  • Demographic information;
  • E-mail addresses;
  • Phone numbers or other contact information;
  • Names (first, and last or whatever the family identifying name is);
  • Shipping information;
  • Billing information;
  • Transaction history;
  • Web site usage preferences;
  • Feedback regarding our business, services, web site and public relations;
  • Source IP addresses;
  • Times and dates of access to Web site servers;
  • Language;
  • Personal preferences;
  • Product and service preferences;
  • Browsers types and configurations; and
  • Miscellaneous administrative and computer traffic information.

Certain forms of information, such as government issued or private sector issued licenses, permits, certificates, cards, in the nature of driver’s licenses, social insurance/security number, passports, insurance cards, voucher numbers, and the like, although convenient for identification, is voluntary.  It is up to you whether you want to provide this, or other suitable identification, subject to any legal requirements.

How Does FOG Software Collect Personal Information?

FOG Software will only collect Personal Information that you have voluntarily provided to us or have agreed to have provided to us.  FOG Software will not collect any Personal Information about you without advising you accordingly (either by way of this Privacy Policy or by way of providing you with some other form of notice at the time we are requesting or collecting Personal Information), why and how that Personal Information is being collected and how such Personal Information will be used or disclosed.  FOG Software may collect Personal Information through a variety of means:

  • Using our website;
  • Using our services;
  • In the course of communications with us (face-to-face, by e-mail, by phone, mail or otherwise);
  • In the course of feedback to us regarding our business, services, website and public relations;
  • When registering with us for services or, where relevant, accounts, or, where relevant, for the download of our software;
  • Customer, membership, recipient, or service lists that have been lawfully acquired from third parties;
  • Through the completion of manual or electronic forms;
  • Website cookies – Cookies are identifiers that can be sent from a website via your browser to be placed on your computer’s hard drive. You may elect not to accept cookies by changing the designated settings on your web browser; however, not utilizing cookies may prevent you from using certain functions and features of web site.  Information collected from the use of cookies is used to improve FOG Software services;
  • Web beacons – Web beacons are small, graphic images that allows a website operator to collect certain information and monitor user activity on its website. A web beacon is a very small pixel which is invisible to the user.  FOG Software uses web beacons to collect information that is not of a personal nature;
  • Clickstreaming - Clickstreaming is a technology that allows a website operator to track the paths that surfers take as they access a website and look at the site's pages, and as they use links to other sites. FOG Software collects such information from visitors to www.FOGSoftwareGroup.com; and
  • Website traffic information, which is monitored and analyzed in order to determine which products, services or features may be of interest to visitors, so we may improve our website, products, services, features or other offerings.

In addition, we may review and analyze your use of products and services, to help us serve you better, and to bring other products and services to your attention, which we feel, will be of benefit to you. We also collect and analyze information from other sources for the same purposes.

How FOG Software May Disclose Personal Information

FOG Software does not sell any Personal Information it collects to third parties.  FOG Software may share Personal Information with its affiliates, subsidiaries, employees, contractors and agents in the course of providing you with our business services, support, or the fulfillment or delivery of our products or services.

FOG Software may disclose Personal information if we are required to do so a court of competent jurisdiction, other legal or regulatory authority, or, if there is a good faith belief, and reliance on said belief that disclosure is necessary to:  comply with any legal process served on FOG Software; maintain, uphold or protect FOG Software's rights or property; protect and ensure the personal safety of the public or other FOG Software clients; or protect against criminal or quasi-criminal activities, or to detect, prevent, investigate allegations of, or address, misrepresentation or fraud.

FOG Software reserves the right that in the event of a bankruptcy filing, mergers with third parties, acquisition by third parties, sale of assets (all or partial), or any other transfer of all or substantially all of FOG Software relevant assets to a third party, that FOG Software shall be entitled share (or sell as an ancillary aspect of the overarching business transaction) the Personal Information you have provided to us to the third party.

Retention and Disposal

We keep information only for so long as it is needed for the efficient and effective delivery or fulfillment of the software, products, or services you are using or contemplating using and for a reasonable time thereafter, or to meet any legal requirements.  We will either destroy or remove information when it is no longer needed.

Security and Storage

FOG Software endeavors to maintain appropriate physical, procedural and technical security with respect to its offices and information storage facilities so as to prevent any loss, misuse, unauthorized access, disclosure, or modification of Personal Information. This also applies to our disposal or destruction of Personal Information.

FOG Software keeps the Personal Information we collect from about you strictly confidential. Only authorized personnel have access to this Personal Information. FOG Software personnel who have access to Personal Information receive training regarding privacy protection.

If any employee, contractor or agent of FOG Software misuses Personal Information, this will be considered as a serious offence for which disciplinary action may be taken, up to and including termination of employment or contract for service. If any individual or organization misuses Personal Information - provided for the purpose of providing services to or for FOG Software , this will be considered a serious issue for which action may be taken, up to and including termination of any agreement between FOG Software and that individual or organization and possible legal action against such individual or organization.

Our computer security specialists build security into all our computer systems. This protects your information at all times, when it is stored in data files or handled by our employees. Our systems also protect your information when it is transmitted, for example, between our data processing centers, our stores and corporate offices.  Personal Information may be stored or processed in any jurisdiction in which we or our affiliates, suppliers, subsidiaries or agents maintain facilities. By supplying us with Personal Information you consent to any transfer of this information to other jurisdictions (including countries which have not been assessed for adequacy of privacy laws).

FOG Software is and shall continue to use industry-standard technology to maintain the security of your personal information, and for our connections to the internet; however, FOG Software cannot and does not guarantee the privacy, security, authenticity or non-corruption of any information transmitted through the internet or any for information stored in any third-party system connected to the internet.

While FOG Software takes steps to verify that any service providers, suppliers or the like with whom we share information are committed to maintaining the privacy of Personal Information at standards that are at least as stringent as our own Privacy Policy and has communicated to them to refrain from making any independent or unauthorized use of any Personal Information, FOG Software does not and cannot guarantee the actions, conduct or standards of any such parties.

FOG Software shall not be responsible for any claims, damages, costs or losses whatsoever arising out of or in any way related to third-party connections to or use of the Internet.  FOG Software cannot and does not ensure the protection of any Personal Information that you provide to a third-party web site that may reference, be referenced or link to our website.  Personal Information collected by these third parties is not subject to, or governed by, this Privacy Policy.  FOG Software shall not be responsible for events beyond our direct control.  FOG Software will not be liable for any direct, indirect, incidental, consequential or punitive damages relating to the uses or releases of Personal Information.


We are committed to upholding our Privacy Policy.  We have policies and procedures in place to educate and assist our employees and contractors in fulfilling their obligations under our Privacy Policy.  Our policies and procedures will be reviewed on a regular basis and their results of such review will be presented to FOG Software's personnel responsible for overseeing privacy matters.

FOG Software is committed to treating you with the greatest respect and consideration.  Please let us know if you have any questions or concerns and we will take steps to address them.  If you have any questions regarding this Privacy Policy, would like to confirm the accuracy of your personal information, believe that the privacy of your personal information has not been respected, or would like to update or delete incorrect personal information, please contact FOG Software.


FOG Software is committed to protecting the safety of children.  FOG Software will not knowingly request or use Personal Information from children under the age of thirteen without parental consent.  If FOG Software receives actual knowledge does not knowingly or intentionally collect any Personal Information from children under the age of thirteen, FOG Software will take steps to have such information eliminated.  This website is not to be used by anyone under the age of eighteen.  Persons under the age of eighteen are not authorized to use this website and are directed to immediately discontinue use of this website.


FOG Software may from time to time update this Privacy Policy, with the updated policy to be posted on the FOG Software website. The use of Personal Information provided to FOG Software prior to the update will continue to be governed by the policy in effect at the time the information was provided. We recommend that you revisit this Privacy Policy from time to time on a regular basis.


By using this website, you agree, and do hereby consent, to our collection and use of information and Personal Information for purposes for which the information/Personal Information was collected and in accordance with this Privacy Policy.  If you do not consent, you are to immediately discontinue use this website and to refrain from further using this website.

Governing Law and Venue

By visiting and using this website, you acknowledge and agree that the laws of the State of Illinois in the United States of America shall govern, construe and apply to this Privacy Policy (without any reference or regards to any principles of conflict of laws).  The venue for the resolution of any question, dispute, proceeding or other matter arising out of this Privacy Policy shall be the courts located in the State of Illinois.

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