End-User License Agreement
Last Updated: May 1, 2023
Please read these Terms of Service (“Terms”) carefully. FortressFire (“Fortress”, “we”, “us” or “our”) provides access to our portals accessible via our website available at Fortress Fire – Assess. Monitor. Protect. (“Portals”) and our mobile applications, including without limitation the FortressFire Inspect and FortressFire Mitigate applications using your Android, iPhone, iPad, tablet, or other mobile device supported by Fortress (“Mobile Apps”) (collectively the “Services”).
These Terms are a binding electronic contract between you (on behalf of yourself and the entity that you represent, if applicable) and Fortress. By accessing, downloading, or using the Services, or otherwise registering an account with Fortress, you agree to be bound by these Terms. These Terms affect your legal rights and obligations, so if you do not agree to these Terms, do not create or use an account.
Arbitration notice: except for certain types of disputes described in the arbitration clause below, you agree that disputes between you and Fortress will be resolved by mandatory binding arbitration and you waive any right to participate in a class-action lawsuit or class-wide arbitration.
Modifications to these Terms. We may, at our sole discretion, revise these Terms from time to time. The most current version of these Terms will be made available to you. If we make changes to these Terms, we will provide notice of such changes, such as by sending a notification, posting a notice on the Portals or our Mobile Apps, or updating the “Last Updated” date above. By continuing to access or use the Services after those changes become effective, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you may cease use of the Services or otherwise terminate your Account.
Services Access and Usage. You must be 18 years of age to maintain a Fortress account in order to access our Services (“Account”). You will be required to provide us with certain personal information in order for your Account to be created. Information that we collect during any Account registration or use of the Services will be used as set forth in our .
Fortress prohibits the creation of, and you agree that you will not create, an Account for anyone other than yourself. You also represent that all information you provide to Fortress upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy. You are responsible for complying with all applicable laws, regulations, and policies applicable to your access and use of the Services. Fortress reserves the right to refuse access to the Services to anyone for any reason at any time.
You are responsible for maintaining the confidentiality of any information you use in connection with your Account, including your username and password. You are responsible for all activity on your Account. If you believe someone else has accessed your account, please change your password and notify us immediately.
You do not have any ownership or other property interest in your Account. Your Account and all rights in your Account are owned by Fortress. However, subject to your compliance with these Terms, you are allowed to use your Account as set forth in these Terms. You may not sell, transfer, license or assign your Account, username, or any Account rights. You are responsible for keeping your password secret and secure.
You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, works of authorship, applications, links and other content or materials that you submit or upload via the Service (collectively, “Content”). By providing any Content you grant Fortress a license to make the Content available to all Services users and to reproduce, display, distribute, and modify for formatting purposes all such Content. We may, but have no obligation to, remove, edit, block, and monitor Content or accounts containing Content that we determine violates these Terms or any other Fortress terms or policies. You understand and agree that Fortress cannot and will not be responsible for the Content submitted to the Services and you use the Services at your own risk. By accessing or using the Services you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Services.
License Grants. Subject to your compliance with these Terms, Fortress grants you a limited, nonexclusive, non-transferable license to: (i) download, access and use the Mobile Apps solely for inspection and mitigation purposes of properties identified or requested by Fortress, and (ii) access and use the Portals and Fortress Content, as identified below, as allowed under the Terms set forth herein. These licenses are revocable at any time as further contemplated by these Terms.
Fortress Content. All text, files, images, graphics, illustrations, information, data, audio, video, photographs or other content included directly or by link or other reference or otherwise published or displayed through the Services (collectively, “Fortress Content”) are owned either by Fortress or by one or more third party content provider(s) (“Content Provider(s)”) and licensed to Fortress, as applicable. The Fortress name, logo and the product and service names associated with the Services are trademarks of Fortress (or its third party providers), and no right or license is granted to you to use them. The Content Provider name, logo and the product and service names appearing on Portals and Mobile Apps are trademarks of Content Provider (or its third party providers), and no right or license is granted to you to use them. As between you and Fortress (or you and any Content Provider), all Fortress Content is owned by Fortress or the Content Provider as applicable. Fortress does not endorse or sponsor any Content Provider or any Content Provider’s Content.
Restrictions: Except as expressly set forth herein, you are granted no licenses or rights, whether by implication, estoppel, or otherwise, in or to the Services. You may not:
- distribute, publicly perform or publicly display any Fortress Content;
- modify, translate or create derivative works of the Mobile Apps, Portals, or any portion thereof;
- decompile, reverse engineer or reverse assemble any portion of the Mobile Apps, Portals, or attempt to discover any source code or underlying ideas or algorithms of the Mobile Apps;
- provide, distribute or otherwise transfer all or any portion of the Mobile Apps or otherwise provide access to the Mobile Apps to any third party;
- remove or alter any trademark, logo, copyright or other proprietary notices associated with the Mobile Apps and Portals;
- download any portion of the Services, Fortress Content or any information contained therein, except as expressly permitted by the Services;
- copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, Fortress Content, the Services, or any related software, except as expressly stated in these Terms;
- cause or permit any other party to do any of the foregoing; or
- use Fortress Content in any manner except as necessary to use the Services as provided by Fortress.
Unauthorized use of Fortress Content is a violation of these Terms, which may result in the termination of your access to the Services and may constitute a violation of applicable federal and state laws.
We reserve the right to modify or terminate the Services or your access to the Services for any reason and at any time. We make no representations as to the availability or usefulness of the Services or the Fortress Content. We have no responsibility or liability for any outcomes using the Services or any information contained in the portals and mobile apps. None of the information contained on the Services, including reports, is guaranteed to lower insurance costs, reduce fire, remediate issues, prevent natural forces, or reduce other risks.
Feedback. You agree that submission of feedback, suggestions, ideas, or other information or materials regarding Fortress or the Services that you provide, whether by email or otherwise (“Feedback”) is at your own risk and that Fortress has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Fortress a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub-licensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sub-license the foregoing rights, in connection with the operation and maintenance of the Services.
Fees. Any applicable payments necessary for access to the Services will be done offline or through our payment processor, Stripe, Inc. Access to the Services is conditioned upon your payment in full of the then-current fees, if any applicable. We have no responsibility or liability if the applicable financial institution declines your payment, however, we will attempt to notify you if your payment is declined.
Prohibited Uses. In addition to the other restrictions outlined in these Terms, you agree that you will not:
- Use the Services for any purpose that is illegal, unauthorized, beyond the scope of its intended use, or engage in, encourage, promote, advocate or assist any third party in any activity that violates these Terms or is otherwise prohibited in these Terms;
- Interfere with or disrupt servers or networks used by Fortress to provide the Services or used by other users to access the Services, or violate any third-party regulations, policies or procedures of such servers or networks or harass or interfere with another user’s full use and enjoyment of the Services;
- Intercept, examine, monitor or otherwise observe any proprietary communications protocol used by a device, a client or a server communicating with the Services, whether through the use of a network analyzer, packet sniffer or other device or software, unless expressly authorized by Fortress;
- Use any robot, bot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Services or to extract data;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Services, or any component thereof, or circumvent measures employed to prevent or limit access to any area, content, or source code of the Services;
- Use or attempt to use another user’s account without authorization or otherwise impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Attempt to compromise any security measures or circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access;
- Attempt to represent in any manner that you have a relationship of any kind with us or that we have endorsed you or any products or services without our express written consent to do so;
- Submit or use any Content that is unlawful or otherwise infringes the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary or contractual rights;
- Reproduce, duplicate, copy, buy, sell, trade, resell or exploit for any purpose any portion of the Services, including your Account, Fortress Content or access to or use of the Services or Fortress Content without our prior written consent; and
- Develop any third-party applications that interact with the Services or Fortress Content without prior written consent from Fortress.
Pre-Release of Mobile Apps. If the Mobile Apps are pre-release, alpha, or beta software, You acknowledge that the Mobile Apps may be incomplete and may contain errors or inaccuracies. You should not use the Mobile Apps in a commercial operating environment or with important data. You should back up any data prior to using Mobile Apps on your device. You expressly acknowledge and agree that any use of the Mobile Apps is done entirely at Your own risk. Further, You hereby acknowledge and agree that any such pre-release Mobile Apps and any content contained in, and Your use of, the Mobile Apps that is not already publicly available shall be considered confidential unless Fortress explicitly authorizes public disclosure. You agree to hold such pre-release Mobile Apps in confidence and to treat it as confidential, e.g., not share it with others or third parties who have not been authorized to download, access, or use the Mobile Apps.
Term and Termination of Your Account. These Terms will commence upon our activation of your Account and will continue until you cease all access to the Services. Fortress may, for any reason and in its sole discretion, suspend or terminate your Account or your access to or use of the Services, and may terminate these Terms, without notice or liability, including if you breach these Terms or if we suspect you have breached these Terms; upon any unauthorized use of your username or password (if applicable); if you act in an abusive manner; if you act in a manner inconsistent with applicable laws or regulations; if required by law; or if it becomes no longer commercially viable to provide the Services.
We may also terminate your access to the Services if we believe you have materially breached these Terms or your use of the Services otherwise presents any legal or other risk to Fortress or any third party. In the event you or your company terminates its contract with Fortress, then your access to the Services shall terminate thirty (30) days after the cancellation date.
If we suspend or terminate your Account, you may not create another account without our prior written permission. Upon termination, all licenses and other rights granted to you in these Terms will cease within thirty (30) days, and your access to the Services will no longer be accessible.
Disclaimer of Warranties
The Services, including, without limitation, Fortress Content, and any website or Mobile Apps used to access the same, are provided “as is”, “as available” and “with all faults”. To the fullest extent permissible by law, neither Fortress, our investors, shareholders, employees, managers, officers, or agents, (collectively, the “Fortress Parties”) make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the Services; (b) the Fortress Content; OR (c) security associated with the transmission of information to Fortress or via the Services. In addition, the Fortress Parties hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.
The Fortress Parties do not represent or warrant that the Services will be error-free or uninterrupted; that defects will be corrected; or that the Services or the server that makes the Services available is free from any harmful components, including, without limitation, viruses. The Fortress Parties do not make any representations or warranties that the information (including any instructions) on the Services is accurate, complete, or useful or that use of the Services will result in any lower insurance costs or mitigate, eliminate, or prevent fires. You acknowledge that your use of the Services is at your sole risk. The Fortress Parties do not warrant that your use of the Services is lawful in any particular jurisdiction, and the Fortress Parties specifically disclaim such warranties. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you to the extent such jurisdiction’s law is applicable to you and these Terms.
The Fortress Parties do not endorse Fortress Content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any Fortress Content.
You warrant and represent that you will comply at your expense with all federal, state, foreign, and local statutes, rules, regulations, ordinances, directives, and orders of any governmental body or agency that apply to you or your business or use of the Services.
Indemnification. By agreeing to these Terms you agree to indemnify, defend, and hold harmless any and all Fortress Parties from and against any and all charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) incurred as a result of or arising from any claim, complaint, allegation, lawsuit or demand arising out of or relating in any way to (a) your access to or use of the Portals and information contained in the portals, including reports; (b) your download, access, and use of our mobile apps, (c) Your Content or any content posted, uploaded, used, distributed, stored, or otherwise transmitted through your account; (D) your violation of these Terms; (E) your violation of the rights of another, including without limitation, any intellectual property right, publicity, confidentiality, privacy, or propriety right; and (F) your violation of any statutes, codes, ordinances, laws, rules, regulations, including without limitation, all regulatory, administrative, and legislative authorities.
Limitation of Liability. Except where prohibited by law, in no event will Fortress or the Fortress Parties be liable for any indirect, special, punitive, incidental, exemplary, or consequential damages that result from (a) the use of, or inability to use, the Services; (b) the provision of the Portals, Mobile Apps, or any Fortress Content available therein, including reports; or (c) the conduct of other users of the Services, even if Fortress has been advised of the possibility of such damages. You assume total responsibility for your use of the Services. Your only remedy against Fortress for dissatisfaction with the Services or any Fortress Content is to stop using the Services. Notwithstanding the foregoing, in no event will Fortress’ liability to you for any damage or loss that arises out of or is in any way connected with these Terms or your use of the Services or any Fortress Content, exceed the fees paid by you to Fortress in the previous six (6) months. The foregoing limitations apply even any stated remedy should fail of its essential purpose. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
To the maximum extent allowed by applicable law, Fortress makes no guarantee or warranty that the Services including any mitigation plans or Reports, and use of the Services will prevent limit, eliminate, or reduce the risk of fire on the applicable property. It is your sole responsibility, and not Fortress’ responsibility, to obtain insurance covering your property. Fortress shall have no liability for insurance amounts or premiums you directly or indirectly owe.
Third-Party Data. Certain features of the Portals may provide information derived from or incorporating information from various sources, including without limitation Strata, Vexel, Airbus, and Google. Fortress makes no guarantee and has no obligation as to the accuracy, timeliness, completeness, usefulness, or integrity of such data. Fortress disclaims all warranties in and to such third-party data.
Arbitration Agreement; Class Waiver; Waiver of Trial by Jury
Please read the following paragraphs carefully because they require you to arbitrate disputes with Fortress and limit the manner in which you can seek relief from us.
Applicability of Arbitration Agreement
All claims and disputes between the parties that cannot be resolved informally must be resolved by binding arbitration on an individual basis under the terms set forth below (the “Arbitration Agreement”). Notwithstanding the foregoing, in the event of any actual, alleged or threatened violation of confidentiality or violation of the other party’s intellectual property or other proprietary rights, the non-breaching party may immediately resort to court proceedings in a court of competent jurisdiction as set forth below in order to seek immediate equitable relief without posting of a bond, proof of damages or other similar requirement.
This Arbitration Agreement applies to you and Fortress, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of Services provided under the Terms.
The arbitration proceeding will be administered by the International Chamber of Commerce (“ICC”) pursuant to its Rules of Arbitration before an arbitrator selected by and pursuant to the rules of the ICC. Any final award may be filed and enforced in any court of competent jurisdiction. The parties shall share equally in the costs assessed for the arbitration. Any such arbitration will take place at a location within the United States federal judicial district identified below and will apply the substantive law set forth below. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, AND TO PARTICIPATE IN A CLASS ACTION OR OTHER PROCEEDING INVOLVING MULTIPLE CLAIMANTS, BUT THEY CHOOSE TO HAVE ANY DISPUTES DECIDED THROUGH INDIVIDUAL ARBITRATION.
The decision of the arbitrator will be a final and binding resolution of the dispute. This Arbitration Agreement is made pursuant to a transaction involving interstate commerce and will be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1–16. Judgment upon the award may be entered in any court having jurisdiction.
This provision will survive the termination of your relationship with Fortress.
Time Limitation on Claims
You agree that any claim you may have arising out of or related to your relationship with Fortress must be filed within one (1) year after such claim arose; otherwise, your claim is permanently barred.
Forum and Venue
A lawsuit, if any, by you or Fortress against the other will occur in state or federal court in Delaware. You and Fortress agree that the jurisdiction and venue of these courts is exclusive.
Applicable Law. Any dispute between you and Fortress will be governed by the laws of the State of Delaware and applicable United States law, without giving effect to any conflict-of-laws principles that may provide for the application of the law of another jurisdiction.
Severability. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Electronic Communications. You acknowledge that these Terms are a valid and binding agreement. To the fullest extent permitted by law, you agree that these Terms and any other documentation, agreements, notices or communications between you and Fortress may be provided to you electronically.
Contact Us. Please direct any questions and concerns regarding these Terms to us at:
4220 Duluth Avenue, Suite A
Rocklin, CA 95765