These Terms and Conditions of Use (“Terms of Use”) apply to your use of www.formic.co (the “Website”) which is owned by, and is the property of, Formic Technologies, Inc. and its affiliates (“Formic” or the “Company”).
PLEASE READ THESE TERMS OF USE BEFORE ACCESSING, BROWSING, OR OTHERWISE USING THE WEBSITE.
Your access to, and browsing, review and use of the Website is subject to these Terms of Use and all applicable laws. By accessing and using the Website, you accept these Terms of Use, without limitation or qualification. If you do not agree to the Terms of Use, do not use the Website. If, at any time, any part of the Terms of Use is no longer acceptable to you, immediately terminate your use of the Website.
Right to Change, Modify or Delete the Terms of Use
Formic reserves the right to make changes to the Website and these Terms of Use at any time without prior notice to you. For this reason, each time you use the Website, you should visit and review the then-current Terms of Use that apply to your use of the Website.
Privacy
Please refer to Formic's Privacy Policy for information regarding the Company's collection, storage, and use of users' information.
Copyright and Use of Website Content
This Website and all the information it contains, or may in the future contain, including, but not limited to, articles, memoranda, bulletins, reports, press releases, opinions, text, directories, guides, photographs, illustrations, trademarks, trade names, documents, videos, partner names and logos, case studies, forms, service marks and logos (collectively, the “Content”), is the property of Formic, and is protected from unauthorized copying and dissemination by United States Copyright law, trademark law, international conventions, and other intellectual property laws. Certain of the trademarks and logos displayed on the Website may be owned by third parties. Except as described in these Terms of Use, nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website or any Content displayed on this Website, through the use of framing or otherwise, without the prior written permission of Formic or such third party that may own the trademark or copyright of material displayed on this Website.
Formic encourages and permits links to the Website and Content on the Website as agreed to by Formic. However, Formic is an organization committed to the highest professional standards and therefore, Formic does not grant any license or other permission for links or other use of the Website, or its Content, if such use or link: (1) suggests that Formic promotes or endorses any third party's causes, ideas, political campaigns, web sites, products or services, (2) copies, displays, disseminates or otherwise uses the Content without Formic's express written consent, or (3) uses the Content for commercial purposes, without Formic's consent. Furthermore, Formic does not grant its consent for links to the Website where the linking party engages in any Prohibited Conduct. We reserve the right to withdraw permission for any link at any time. “Prohibited Conduct” includes, without limitation, conduct which is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening, violates the rights of others (such as Content that infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity), conduct with Content that contains computer viruses, worms, moles or other contaminating or destructive elements, violates any applicable criminal or civil, or is otherwise objectionable to Formic in its sole discretion.
Subject to your full compliance with these terms, Formic authorizes you to view the Content, make a single copy of it, and print that copy, but only for your own lawful, personal, noncommercial use, provided that you maintain all copyright, trademark and other intellectual property notices contained in such Content, and provided that the Content, or any part thereof, is not modified.
Responses to Online Requests
From time to time, Formic may offer to provide information or materials via e-mail, or otherwise, to interested persons. Formic reserves the right, in its absolute discretion, to reject any requests for such information, or materials, or to discontinue the provision of such information or materials to any person, for any reason whatsoever.
Non-Endorsement
The Website may contain links to websites on the Internet that are owned and operated by third parties (the “External Websites”). You acknowledge that Formic is not responsible for the availability of, or the content, or software applications located on, or through, any External Website. You should contact the website administrator or Webmaster for those External Websites if you have any concerns regarding such links or External Websites.
Third Parties
Formic may provide you with links to third party Websites, and some of the Content appearing to originate from the Website may be supplied by third party Content providers. Formic has no responsibility for these third-party Websites, which are governed by the terms of use and privacy policies, if any, of the applicable third-party Content providers.
Access to and Availability of the Website
Formic uses third parties to host and provide the Website. The Website may become unavailable to you as a result of maintenance, malfunction of computer hardware or software, or for other reasons, and may result in damages to your systems or operations. You shall be solely responsible for ensuring that any information or content obtained from the Website does not contain any virus, worm, mole or other computer software code or subroutine designed to disable, erase, impair or otherwise damage your systems, software, or data.
Restriction, Suspension or Termination
Formic reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Website at any time for any reason without prior notice or liability and without any obligation to refund any portion of fees paid for any product or service, if applicable.
Formic may change, suspend or discontinue all or any aspect of the Website at any time, including the availability of any Website feature or content, without prior notice or liability.
Disclaimer of Warranties
THE WEBSITE AND THE CONTENT ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS. NEITHER FORMIC, THIRD PARTY CONTENT PROVIDERS NOR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE WEBSITE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED THROUGH THE WEBSITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEBSITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. NEITHER FORMIC NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES FORMIC, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE WEBSITE OR THE CONTENT. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 THAT PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MIGHT HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL FORMIC, NOR ANY THIRD PARTY CONTENT PROVIDER, NOR THEIR RESPECTIVE PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, PAST OR PRESENT OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS, LICENSORS OR INFORMATION PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF FORMIC, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification
You hereby agree to indemnify, defend and hold Formic, and all of its predecessors, successors, parents, subsidiaries, affiliates, and past and present officers, directors, shareholders, investors, employees, agents, information providers, attorneys, representatives, licensors and information providers (collectively, the “Formic Representatives”) harmless from and against any and all liability, losses, costs and expenses (including attorneys' fees) incurred by Formic or any Formic Representative in connection with any claim arising out of any use or alleged use by you of this Website, or arising out of, or in relation to any breach by you of these Terms of Use, or the representations, warranties and covenants you made by agreeing to these Terms of Use. Formic reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate reasonably with Formic's defense of such claim.
No Offer or Reliance
The Content on the Website has been prepared solely for informational purposes and is not an offer to buy or sell, or a solicitation of any offer to buy or sell any security, or to participate in any trading strategy, or to enter into any transaction, or for any advisory or valuation arrangement, or to enter into any other commercial relationship, which shall include, without limitation, any joint venture, partnership or otherwise (any of the foregoing, a “Transaction”). Any offer to enter into a Transaction shall be made pursuant to definitive documents which could contain material information not contained herein and which would supersede Content on the Website in its entirety. Formic does not make any representation or warranty, express or implied, regarding the legal, tax or accounting treatment of anything on the Website or as to the accuracy or completeness of the Content on the Website and nothing contained therein shall be relied upon as a promise or representation whether as to the past or future performance. You should retain and consult with your own legal counsel, accountants and tax advisors with respect to the legal, tax, accounting and related aspects of any Transaction, and should rely solely on the advice of such legal counsel, accountants and tax advisors as to such matters. Any decision regarding a Transaction should be made after reviewing the applicable definitive documents, conducting such investigations as you deem necessary and consulting with your own legal, accounting, and tax advisors in order to make an independent determination of the risks, suitability and consequences of entering into any Transaction.
The Website Content contains certain general summary information regarding Formic, however, it does not purport to be a complete description of Formic, its respective businesses or its financial condition.
Entire Agreement
The Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
Law
Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. These Terms of Use are governed by the laws of the State of Delaware (except for conflict of law provisions). Any claim related to any dispute arising as a result of the Website or under these Terms of Use will be made before a court of competent jurisdiction located in New Castle County, Delaware. If any provision of these Terms of Use is held to be unenforceable, such provision will be reformed only to the extent necessary to make it enforceable. The failure of Formic to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and will not limit Formic's rights with respect to such breach or any subsequent breaches.
Arbitration
By using the Website, you agree that Formic, at its sole discretion, may require you to submit any disputes arising from the use of the Website, related services or these Terms of Use concerning, or including disputes arising from, or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in these Terms of Use, or their adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section and shall be held in New Castle County, Delaware, or as otherwise mutually agreed by the parties.