Acceptance of the Terms of Use
These terms of use are a contract between You and Fog Solutions, Inc. (“Company”, “Fog Solutions, Inc.”, “we” or “us”). The following terms, together with any documents they incorporate by reference, govern your access to and use of FogSolutions.com (the “Website”), including any content, functionality, and services offered, whether as a guest or registered user.
Please read the Terms of Use carefully before starting to use the Website. By using the Website or agreeing to the Terms of Use when prompted, you accept and agree to abide by these Terms and our Privacy Policy, available at https://FogSolutions.com/privacy-policy/. If you do not agree with these Terms or the Privacy Policy, do not use the Website.
This Website is for users 18 years or older who reside in the United States or its territories. By using this Website, you confirm that you are of legal age to form a binding contract with us and meet all eligibility requirements. If you do not meet these requirements, do not access or use the Website.
Changes to the Terms of Use
We may revise and update these Terms of Use at any time. Changes take effect immediately when posted and apply to all subsequent access to and use of the Website. Dispute resolution changes will not apply to disputes already in progress before the update is posted.
Your continued use of the Website after changes are posted means you accept them. Please check this page periodically to stay aware of any changes, as they are binding on you.
Accessing the Website and Account Security
We reserve the right to modify or withdraw this Website and any related services or materials without notice. We are not liable if any part or the entire Website is unavailable at any time. Access may be restricted occasionally, including for registered users.
You are responsible for:
- Ensuring access to the Website.
- Providing accurate, current, and complete information if registration details are required.
All information provided is governed by our Privacy Policy, and by providing information, you consent to actions consistent with our Privacy Policy.
If you have a username, password, or other security information as part of our security measures, you must keep it confidential. Your account is personal, and you must not allow others to access the Website using your credentials. Notify us immediately of any unauthorized access or security breach.
We may disable any username, password, or other identifiers at our discretion if we believe you have violated any terms.
General Use of the Services
We grant you permission to access and use the Service, provided:
- You are at least 18 years old.
- Use by individuals under 18 is unauthorized and violates this Agreement.
- We do not endorse any topics or opinions linked through third-party backlinks. We are not liable for misrepresentation by any customer or their site.
Intellectual Property Rights
The Website, including all content, features, functionality, and Company Confidential Information (collectively, the “Company Intellectual Property”), is owned by the Company, its licensors, or other material providers. It is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
These Terms allow you to use the Website for personal, non-commercial use only. You may not:
- Reproduce, distribute, modify, create derivative works of, publicly display, or transmit Company Intellectual Property, except for:
- Temporary storage in RAM for viewing purposes.
- Files automatically cached by your browser for display enhancement.
- A single downloaded copy of any desktop or mobile applications provided by us for your personal use, as bound by our end-user license agreement.
Do not modify, delete, or alter any proprietary rights notices from copies of materials on this site. Commercial use of any part of the Website is prohibited.
Confidentiality
During your use of our services, you may access Confidential Information relating to the Company, its business, customers, suppliers, and third parties. Confidential Information includes financial, operational, sales, marketing, and intellectual property information, as well as trade secrets and proprietary software.
You agree not to use, disclose, or communicate any Confidential Information for personal benefit. The Company may seek injunctive relief if confidentiality obligations are breached, without limiting other rights or remedies available.
Trademarks
Fog Solutions, Inc., and related names, logos, products, and services are trademarks of the Company or its licensors. Do not use these marks without written permission. Other names, logos, products, and services on the Website are trademarks of their respective owners.
Prohibited Uses
You may only use the Website for lawful purposes. Do not:
- Violate any laws or regulations.
- Harm minors or expose them to inappropriate content.
- Impersonate the Company or others.
- Disrupt the Website’s operations or access without authorization.
Do not use the Website to overload, damage, or impair its functionality or other users’ experience, introduce viruses, or gain unauthorized access.
Public search engines may use spiders to copy materials solely to create publicly searchable indices, with our right to revoke this exception. You may not use the Website’s communication systems for commercial solicitation.
User Contributions
The Website may include interactive features allowing users to post content (“User Contributions”). User Contributions are non-confidential and non-proprietary. By submitting, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and distribute your User Contributions for service and promotional purposes.
Responsibility for User Contributions rests solely with you. All User Contributions must comply with these Terms of Use. We disclaim liability for third-party content or User Contributions.
Disclaimer of Warranties
We do not guarantee that files available for download from the internet or the Website will be free of viruses or destructive code. Use the Website at your own risk; it is provided on an “as-is” basis, without warranties of any kind.
We do not guarantee:
- Website completeness, security, reliability, or accuracy.
- That defects will be corrected, or that our site or server will be virus-free.
Limitation on Liability
Fog Solutions, Inc., affiliates, licensors, and service providers are not liable for any damages of any kind arising from your use or inability to use the Website. This includes any indirect, incidental, consequential, or punitive damages for personal injury, emotional distress, or data loss.
Any claim or cause of action must begin within one (1) year after it occurs; otherwise, it is permanently barred.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, service providers, and their employees, officers, and directors from any claims, losses, or expenses (including legal fees) arising from your violation of these Terms.
Governing Law and Jurisdiction
These Terms are governed by the laws of the State of Massachusetts. Legal actions related to these Terms shall be brought exclusively in Massachusetts federal or state courts. You waive any objections to the jurisdiction or venue of these courts.
Waiver and Severability
No waiver by the Company of any term shall be deemed a further or continuing waiver of that term or any other term. If any provision of these Terms is invalid, illegal, or unenforceable, remaining provisions will remain effective.
Entire Agreement
These Terms and our Privacy Policy constitute the entire agreement between you and Fog Solutions, Inc. concerning the Website, superseding prior agreements.
Comments and Concerns
For feedback, technical support, or other communications, contact us at contactus@fogsolutions.com.