Formulus Black™ Website User Agreement
Welcome to Formulus Black’s website, formulusblack.com (the “Website”), owned and operated by Formulus Black and its affiliates (collectively, “Formulus Black”). This Agreement contains the terms and conditions (the “Terms and Conditions”) upon which you (also referred to in this Agreement as “User”) may access the valuable information and services available through this Website.
ALL USERS: BEFORE ACCESSING THIS WEBSITE, PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY AS THEY GOVERN YOUR USE OF, AND ANY MATERIAL AVAILABLE THROUGH, THIS WEBSITE.
By accessing, viewing, or using the materials or services available on or through this Website, you, the User, indicate that you understand and intend these Terms and Conditions to be the legal equivalent of a signed, written contract, and equally binding, and that you accept and are legally bound by such Terms and Conditions. Formulus Black reserves the right to change the Terms and Conditions under which this website is offered to you. Upon reasonable notice from Formulus Black, any changes will appear in the Agreement at this location on this Website. If you continue to use this Website after Formulus Black changes the Agreement, you will be bound by the Agreement as revised.
IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU ARE NOT GRANTED PERMISSION BY FORMULUS BLACK TO ACCESS OR OTHERWISE USE THIS WEBSITE.
1. Grant of License. This Website and the materials and information available on or through this Website are provided by Formulus Black as a service to its Users. This Agreement provides you, the User, with a personal, revocable, nonexclusive, non-transferable license to use this Website conditioned on your continued compliance with the Terms and Conditions. Except as expressly permitted, you may not modify, copy, distribute, transmit, reproduce, publish, license, transfer, sell, mirror, frame, link to, or otherwise use any information obtained from this Website. As a further condition of use of this Website, you warrant to Formulus Black that you will not use this Website for any purpose that is unlawful or prohibited by these Terms and Conditions.
2. Nature of Services. Formulus Black is a diverse technology company with holdings in the computing, data processing, data security and data analytics sectors. This Website provides information about Formulus Black, its services, and other material of interest to our customers.
3. Intellectual Property Rights. All material contained on or available through this Website, unless otherwise expressly indicated, is protected by law including, but not limited to, United States copyright, trade secret, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided in this Agreement, Formulus Black does not grant any express or implied right(s) to you (or any other User) under any patent(s), copyright(s), trademark(s), or in any trade secret information. Accordingly, unauthorized use of any material contained on this Website may violate copyright laws, trademark laws, trade secret laws, the laws of privacy and publicity, and other regulations and statutes. Formulus Black actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
The contents of and all materials distributed in conjunction with the Website are Copyright © 2018 Formulus Black and/or its affiliates. All rights reserved. Formulus Black also owns a copyright in the Website as a collective work and/or compilation, and in the selection, coordination, arrangement, and enhancement of this Website’s content.
Formulus Black, the Formulus Black Logo, and all other names, logos and icons identifying Formulus Black’s products and services are proprietary marks of Formulus Black and its affiliates, and any use of such marks without the express written permission of Formulus Black is strictly prohibited. Other product and company names mentioned on this Website may be the marks of their respective owners.
5. Password Policy. Use of certain portions of this Website may require both a User ID and a password. Anyone with knowledge of both a User’s User ID and Password can gain access to the restricted portions of this Website and the information that is available to the User. Accordingly, all Passwords must be kept secret. By agreeing to these Terms and Conditions, you agree to be solely responsible for the confidentiality and use of your respective Password, as well as for any communications entered through the Website using the Password.
As a condition of use, you must immediately notify Formulus Black if you become aware of any loss or theft of your Password or any unauthorized use of your Password. Formulus Black reserves the right to reset any Passwords that may have been compromised.
6. Confidentiality on Internet. Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. Although Formulus Black has endeavored to create a secure and reliable Website, the confidentiality of any communication or material transmitted to/from this Website over the Internet cannot be guaranteed. Accordingly, Formulus Black and its affiliates are not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Website, or for the consequences of your reliance on such information. You assume sole and complete risk for using this Website and must make your own determination as to these matters. For more private communication, Users may contact Formulus Black using the form located in the “Contact Us” portion of this Website.
7. Security of Website. Actual or attempted unauthorized use of the Website may result in criminal and/or civil prosecution. For your protection, Formulus Black reserves the right to view, monitor, and record activity on the Website without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Website. Formulus Black will also comply with all court orders involving requests for such information.
8. Registration Participation Limitation. When registering with Formulus Black, you represent and warrant that: (i) you are 18 years old or older; (ii) you are using your actual identity and that any information you provide to Formulus Black is accurate and complete, and (iii) your registration with Formulus Black and use of this Website will not violate any local, state, national, or international laws or regulations.
9. Links to Other Sites. Formulus Black may provide links, in its sole discretion, to other sites on the World Wide Web for the convenience of its Users in locating related information and services. These sites have not been reviewed by Formulus Black and are maintained by third parties over which Formulus Black exercises no control, and accordingly, Formulus Black expressly disclaims any responsibility for the content, the accuracy of the information, and the quality of any products or services provided by or advertised on these third-party websites.
10. Events Beyond Formulus Black’s Control. Formulus Black will not be responsible for any loss resulting from a cause over which it does not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, or governmental restrictions.
11. DISCLAIMERS. ALTHOUGH FORMULUS BLACK ENDEAVORS TO PROVIDE THE MOST ACCURATE, UP-TO-DATE INFORMATION AVAILABLE, THE INFORMATION, PRODUCTS, AND SERVICES AVAILABLE ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. MOREOVER, FORMULUS BLACK MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS WEBSITE OR IN THE INFORMATION, PRODUCTS, AND SERVICES DESCRIBED IN THIS WEBSITE AT ANY TIME, FOR ANY REASON.
THUS, YOU, THE USER, ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, PRODUCTS, AND SERVICES AVAILABLE ON THIS WEBSITE. FORMULUS BLACK MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, PRODUCTS, AND SERVICES DESCRIBED OR CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
IN NO EVENT SHALL FORMULUS BLACK BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE UTILIZATION OF THIS WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF FORMULUS BLACK HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY REMEDY PROVIDED UNDER THESE TERMS FAILS OF ITS ESSENTIAL PURPOSE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF FORMULUS BLACK FOR ANY REASON WHATSOEVER RELATED TO USE OF THIS WEBSITE SHALL NOT EXCEED TOTAL AMOUNT PAID BY USER TO FORMULUS BLACK IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.
12. Indemnity. You agree to defend, indemnify, and hold harmless Formulus Black and its affiliates and all of their employees, agents, directors, officers, employees, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from your use of the Website, any arrangements you make based on information obtained at the Website, and any breach by you of this Agreement.
13. Contact Information. If you have questions regarding this Website or if you are interested in obtaining more information concerning Formulus Black’s products and services, please refer to the “Contact Us” section of this Website.
Formulus Black welcomes your feedback and suggestions about how to improve this Website. Any ideas, suggestions, information, know-how, material, or any other content (collectively, “content”) received through this Website, however, will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for Formulus Black to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display (in whole or part) worldwide, or act on such content without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary.
14. Governing Law. This Agreement has been made in and will be construed and enforced in accordance with the laws of New Jersey, as applied to agreements entered into and completely performed in New Jersey. Any action to enforce this Agreement will be brought in the federal or state courts presiding in New Jersey, United States, and both parties expressly agree to be subject to the jurisdiction of such courts. This Website is controlled and operated by Formulus Black from its offices within the United States. Formulus Black makes no representation that materials in the Website are appropriate or available for use in other locations, and access to them from territories where any of the contents of this Website are illegal is prohibited. Those who choose to access this Website from other locations do so on their own volition and are responsible for compliance with applicable local laws.
15. Term and Termination. This Agreement will take effect at the time the User begins using this Website (thereby indicating acceptance of these Terms and Conditions). Formulus Black reserves the right at any time to deny you or any User access to the Website or any portion thereof, and to terminate this Agreement.
17. Waiver. Failure to insist on strict performance of any of the Terms and Conditions of this Agreement will not operate as a waiver of any subsequent default or failure of performance.
18. Admissibility. A printed version of these Terms and Conditions and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
19. Severability. If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.
20. User/Formulus Black. No joint venture, partnership, employment, or agency relationship exists between you and Formulus Black as a result of this Agreement or your use of this Website.
21. Reservation of Rights. Any rights not expressly granted are reserved by Formulus Black.