01 / OVERVIEW
Agreement to these Terms.
Thank you for visiting www.fixpointtechnologies.com (the “Site”), provided to you by Fixpoint Technologies LLC (“Fixpoint,” “we,” “us,” or “our”), a limited liability company organized under the laws of the Commonwealth of Virginia. Your access to and use of the Site is governed by these Terms of Use (the “Terms”), which include our Privacy Policy (the “Policy”), incorporated into these Terms by reference. By accessing, browsing, or otherwise using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and the Policy. If you do not agree to these Terms, do not access or use the Site.
Fixpoint may modify these Terms at any time, and any such modification will become effective immediately upon posting to the Site. Your continued use of the Site following the posting of modified Terms constitutes your acceptance of those modifications. We encourage you to review this page each time you visit the Site.
02 / OWNERSHIP; LIMITED LICENSE
The Site and its content are ours.
The Site and all material contained on or downloadable through the Site — including, without limitation, text, images, documents, graphics, logos, photographs, video, audio, software, and other multimedia content (collectively, the “Site Content”) — and all intellectual property rights embodied in the Site Content, are the exclusive property of Fixpoint or its licensors and are protected by United States and international copyright, trademark, and other intellectual property laws.
Fixpoint grants you a limited, revocable, non-exclusive, non-transferable license to view the Site and to print or download single copies of materials made available through the Site solely for your own personal, non-commercial, informational use, provided that you retain all copyright and other proprietary notices contained therein. Except as expressly permitted above, you may not modify, reproduce, republish, distribute, display, transmit, or create derivative works from any Site Content without the prior written permission of Fixpoint.
All trademarks, service marks, trade names, and logos displayed on the Site, including the Fixpoint name and mark, are the property of Fixpoint or their respective owners. Nothing on the Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark without the prior written permission of its owner.
03 / YOUR CONDUCT ON THE SITE
Operate within the rules of engagement.
You agree that you shall not submit, post, introduce, distribute, upload, or transmit to or through the Site:
- material that is illegal, indecent, obscene, libelous, defamatory, disparaging, harassing, threatening, false, or misleading;
- unsolicited advertising, promotional material, or any other form of solicitation;
- any virus, worm, malware, or other harmful, disruptive, or destructive code or file;
- material that infringes or misappropriates the intellectual property, privacy, or other rights of any third party.
You further agree that you shall not: (a) attempt to gain unauthorized access to, probe, or circumvent the security of the Site or any network, server, or system connected to it; (b) scrape, harvest, data-mine, or use any automated means to access or collect information from the Site; (c) interfere with or disrupt the operation of the Site, including through denial-of-service attacks or the imposition of an unreasonable load on our infrastructure; (d) impersonate any person or entity or misrepresent your affiliation with any person or entity; or (e) use the Site in violation of any applicable law or regulation, including United States export control laws. Fixpoint reserves the right to restrict, suspend, or terminate your access to the Site at any time, without notice, for any conduct that Fixpoint believes violates these Terms.
04 / SUBMISSIONS
What you send us through the Site.
The Site may provide opportunities for you to submit information, inquiries, feedback, or other materials to Fixpoint (each, a “Submission,” and collectively, “Submissions”). Except for personally identifiable information, which we handle in accordance with our Privacy Policy, all Submissions — whether submitted by e-mail, web form, or otherwise, and irrespective of any legend or notice included in or on such Submissions — shall be deemed non-confidential and non-proprietary. By making a Submission, you grant Fixpoint a perpetual, irrevocable, worldwide, royalty-free, fully transferable license to use, reproduce, modify, adapt, publish, distribute, and otherwise exploit the Submission for any purpose. Fixpoint is under no obligation to respond to, or to maintain, any Submission.
Do not transmit classified information, controlled unclassified information, or other sensitive material through the Site. If your inquiry concerns sensitive matters, describe the constraint at a high level and we will establish an appropriate channel before any sensitive material is exchanged.
05 / THIRD-PARTY WEBSITES
Links beyond our perimeter.
The Site may contain links to third-party websites. These links are provided solely for your information and convenience. Fixpoint does not control the content or operation of third-party websites and makes no representation, warranty, or endorsement with respect to any third-party website or the products or services depicted or offered on such websites. Your access to and use of any third-party website is at your own risk and subject to the terms and policies of that website.
06 / DISCLAIMER
No warranties.
THE SITE AND THE SITE CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITH ALL FAULTS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, FIXPOINT DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. FIXPOINT MAKES NO WARRANTY THAT THE SITE IS SECURE, WILL OPERATE WITHOUT ERROR OR INTERRUPTION, OR WILL BE AVAILABLE AT ANY PARTICULAR TIME, OR THAT THE SITE CONTENT IS ACCURATE, COMPLETE, OR CURRENT.
Site Content is provided for general informational purposes only and does not constitute professional, technical, or legal advice, nor an offer or commitment by Fixpoint to provide any product or service.
07 / LIMITATION OF LIABILITY
Bounded exposure.
IN NO EVENT SHALL FIXPOINT, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES, OR ANY OTHER PARTY PURPORTING TO CLAIM THROUGH ANY OF THE FOREGOING, BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER — INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION — ARISING OR ALLEGED TO HAVE ARISEN FROM THE USE OF, OR INABILITY TO USE, THE SITE OR THE SITE CONTENT, EVEN IF FIXPOINT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF FIXPOINT ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100).
Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages, so some of the above limitations may not apply to you. In such jurisdictions, the liability of Fixpoint is limited to the fullest extent permitted by law.
08 / INDEMNIFICATION
You cover claims your conduct creates.
You agree to indemnify, defend, and hold harmless Fixpoint and its members, managers, officers, employees, agents, licensors, business partners, and successors in interest from and against any and all claims, losses, liabilities, damages, and expenses (including reasonable attorneys’ fees) arising out of or relating to your use of the Site or the Site Content, your violation of these Terms, or your violation of any rights of a third party.
09 / USE BY MINORS
The Site is not for children.
The Site is not directed to children under the age of 13, and Fixpoint does not knowingly collect personal information from children under 13. If you are under 13, do not use the Site or submit any information through it. If you are between the ages of 13 and 17, you may use the Site only with the consent and involvement of a parent or legal guardian.
10 / GOVERNING LAW; JURISDICTION
Virginia law controls.
These Terms are subject to and shall be interpreted in accordance with the laws of the Commonwealth of Virginia, without regard to its conflicts of laws provisions. By using the Site, you waive any claims that may arise under the laws of other states, countries, territories, or jurisdictions. Any dispute arising out of or relating to these Terms or the Site shall be brought exclusively in the state courts located in Fairfax County, Virginia, or the United States District Court for the Eastern District of Virginia, and you consent to the personal jurisdiction of, and venue in, those courts. All disputes shall proceed on an individual basis only, and not as part of any class or representative proceeding.
11 / GENERAL PROVISIONS
Housekeeping.
These Terms, together with the Privacy Policy, constitute the entire agreement between you and Fixpoint with respect to your use of the Site and supersede all prior or contemporaneous understandings on that subject. If any provision of these Terms is held to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible and the remaining provisions shall remain in full force and effect. No failure or delay by Fixpoint in exercising any right under these Terms shall operate as a waiver of that right. You may not assign these Terms or any rights hereunder without the prior written consent of Fixpoint; Fixpoint may assign these Terms without restriction. Section headings are for convenience only and have no legal or contractual effect. Sections 02 and 04 through 11 survive any termination of your access to the Site.
12 / CONTACTING FIXPOINT
Questions about these Terms.
Any questions, claims, or issues related to the Site, the Site Content, Submissions, or your use of any of the foregoing should be addressed to info@fixpointtechnologies.com, or by mail to:
Fixpoint Technologies LLC
1640 Boro Place, 4th Floor
McLean, VA 22102