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.
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.
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 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.
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.
IN NO EVENT SHALL FOG SOFTWARE OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS WEB SITE OR ANY LINKED SITE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION OR MATERIALS PRESENTED ON THIS WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY EVEN IF FOG SOFTWARE GROUP OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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.
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.
FOG Software collects Personal Information and may use it in order to:
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.
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:
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.
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.
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.
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.
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.
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.