Last Updated: September 8th, 2022
(1) accessing or using the Four-Site website;
(2) indicating acceptance of the Agreement when presented online, such as by checking a box captioned with acceptance language or clicking an icon bearing an “accept” or similar legend; or,
(3) by otherwise electronically signing this Agreement.
Subject to the terms and conditions of this Agreement, Four Site hereby grants You a worldwide, non-exclusive, non-transferable right to access and use Four Site’s online Services (“Services”) during the applicable Term for Your own purposes. You shall not commercially sell, resell, license, sublicense, distribute, or frame the Services to a third party, and shall further access and use the Services in compliance with this Agreement, the Documentation, and applicable laws and regulations, and shall promptly notify Four Site of any known unauthorized access or use.
You represent and warrant that you have all rights, permissions, and consents necessary to: (a) submit all User Content to the Services; and (b) grant Four Site the limited rights to process User Content for the provision of the Services. You hereby grant Four Site a worldwide, non-exclusive, non-transferable, right to use and otherwise process User Content under this Agreement only: (i) as required by applicable law; (ii) as requested by You in writing or as allowed by You via a Service’s access controls; and (iii) as necessary to provide the Services and prevent or address technical problems with the Services or violations of this Agreement. Four Site’s limited right to process User Content hereunder will not excuse any obligation of Four Site relating to User Content under this Agreement.
4. Intellectual Property and Proprietary Rights
4.2 User. As between the parties, User retains all its right, title, and interest in and to User’s Confidential Information, including User Content, and all intellectual property and proprietary rights therein. Except as expressly set forth in this Agreement, Four Site acquires no right, title, or interest from User under this Agreement in or to User Content.
4.3 Feedback. User grants Four Site a worldwide, irrevocable, perpetual, sublicensable, transferable, non-exclusive license to use and incorporate into Four Site’s products and services any feedback or suggestions for enhancement that User or a User provides to Four Site (“Feedback”), without any obligation of compensation. Feedback is provided by User “as-is,” without representations or warranties, either express or implied, including any warranties of merchantability or fitness for a particular purpose.
5. Ancillary Services; Third-Party Products
5.1 Free Services. Four Site may make an online Service available with a clear and conspicuous written notice specifying that the Service is provided free of charge, on a trial basis and/or to be used at User’s own risk (“Free Services”). Notwithstanding any other provision of this Agreement, User acknowledges and agrees that: (a) Free Services are made available without any support, maintenance, warranty, commitment to availability, security, or accuracy, or other related obligation of any kind under this Agreement, unless otherwise required by applicable law; (b) Free Services may not include or allow access to all features and functionality available to paying Users; (c) Four Site may terminate the use of a Free Service at any time, unless otherwise specified in writing, and Four Site will not be liable for such termination; (d) data, information, and content submitted to a Free Service may be permanently lost, and Four Site will not be liable for such loss; and (e) if User has not provided a contact address to Four Site in connection with its access to and use of Free Services, all notices required under this Agreement will be sent via email.
5.2 Third Party Products. If User separately procures services, applications, or online content from a third-party (“Third Party Products”) for use with the Services, any such use is subject to the end-user license or use agreement that User accepts from or establishes with the third party. Third Party Products are not Services and, as between the parties, Four Site has no liability with respect to User’s procurement or use of Third Party Products.
6. WARRANTY AND LIABILITY
THE SERVICES ARE PROVIDED “AS IS”. WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY CONTENT, THE SERVICE, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FOUR SITE DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE. FOUR SITE SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE OR ITS CONTENT.
You agree to indemnify and hold harmless Four Site from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorneys fees, resulting, whether directly or indirectly, from your violation of the Terms.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation, if you breach the Terms. Upon termination, your right to use the Website will immediately cease.
9. Return and Deletion of User Content.
At any time during the Term, You may download a backup copy of Your Content (with file attachments in their native formats and all other User Content in an industry standard export format), or may request such backup copy by sending an email to email@example.com
Four Site may assign this Agreement and any subscriptions thereof in connection with a merger or similar transaction or to a company acquiring substantially all of its assets, equity, or business, without any requirement to obtain permission for such assignment.
If any provision of this Agreement is held to be unenforceable, then that provision is to be construed either by modifying it to the minimum extent necessary to make it enforceable (if permitted by law) or disregarding it (if not permitted by law), and the rest of this Agreement or the relevant Order or SOW is to remain in effect as written.
12. Governing Law.
This Agreement and any Orders and SOWs are governed by the laws of the State of Florida, without regard to its conflicts of law rules, and each party hereby consents to exclusive jurisdiction and venue in the state and federal courts located in Miami, Florida for any dispute arising out of this Agreement.
Four Site reserves the right to revise this Agreement by posting a revised version on the Site, which will be effective five days after posting. Continued use of the Services after the effective date of revision will constitute User’s acceptance of the revised Agreement. If User objects to the revisions, User may terminate any Orders governed by this Agreement by providing written notice to Four Site prior to the effective date of revision.
Capitalized terms used but not otherwise defined in this
Agreement have the following meanings:
“Affiliate” means any person or entity that owns or controls, is owned or controlled by, or is under common control or ownership with, a party to this Agreement, where “control” is defined as the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether through ownership of voting securities, by contract, or otherwise.
“Documentation” means documentation provided by Four Site on the Site that is uniformly available and applicable to all Four Site Users and relates to the operation and use of the Services, including user manuals, operating instructions, and release notes, each as updated by Four Site from time to time.
“Site” means Four Site’s website at www.four-site.com and any website linked from such website that is owned or controlled by Four Site.
“Subscription Services” means the subscription-based services and applications that provided by Four Site to User.
“User” means any individual authorized or invited by User or another User to access and use the online Services received by User from Four Site under the terms of this Agreement.
“User Content” means any data, file attachments, text, images, reports, personal information, or other content that is uploaded or submitted to the online Services by User or Users and is processed by Four Site on behalf of User. For the avoidance of doubt, User Content does not include usage, statistical, or technical information that does not reveal the actual contents of User Content.FourFour