Terms of Use
Pending legal review — this text may change before final publication.
Last updated:
Agreement
These Terms of Use govern your use of fermatadiscovery.com (the “Site”), operated by Fermata Discovery, Inc.(“Fermata,” “we,” “us”). By using the Site, you agree to them. If you use the Site on behalf of an organization, you confirm you are authorized to accept these Terms for it. If you don’t agree, please don’t use the Site.
The Site and the VIXN platform
The Site provides general information about Fermata and the VIXN platform. Access to and use of VIXN are governed solely by a separate written agreement between your organization and Fermata. Nothing on the Site is an offer to sell or a commitment to provide any product or feature. Product features, availability, and descriptions may change without notice. References to security or compliance, such as CJIS, describe our general practices. They do not replace or modify the terms of any customer agreement.
Not professional advice
Articles, case studies, webinars, and other content on the Site are for general information only. They are not legal, investigative, or other professional advice, and you should not rely on them as such.
Illustrations, case studies, and testimonials
Product images and panels on the Site use demonstration data, not real case data. Case studies and testimonials describe the experiences of specific customers. Results depend on each organization’s data, configuration, and use, and yours may differ.
Forward-looking statements
News, press releases, and other materials may contain forward-looking statements about our plans and products. These statements reflect our expectations at the time they were made. They involve risks and uncertainties, and we undertake no obligation to update them.
Acceptable use
You agree not to:
- use the Site in violation of any law or the rights of others;
- attempt to gain unauthorized access to the Site or its systems, or probe, scan, or test their vulnerabilities, except as described under “Security research” below;
- interfere with the Site’s operation, including by overloading it or sending automated requests at an unreasonable rate;
- scrape or harvest content or data from the Site, other than by search engines indexing it for public search;
- introduce malware, or misrepresent your identity or your affiliation with Fermata.
Security research
If you believe you have found a security vulnerability in the Site or VIXN, please report it tosecurity@fermatadiscovery.com (see alsosecurity.txt). Do not access, change, or delete data that isn’t yours. Do not degrade service for others, and give us reasonable time to fix the issue before disclosing it.
Intellectual property
The Site and its content, including text, graphics, logos, and software, are owned by Fermata or its licensors and protected by intellectual property laws. Fermata Discovery, VIXN, and related names and logos are trademarks of Fermata. Other trademarks belong to their respective owners. You may view the Site and print reasonable portions of it for your own use in evaluating Fermata’s products. No other right or license is granted.
Feedback
If you send us suggestions or feedback, we may use them without restriction or obligation to you.
Links to other websites
The Site may link to websites we don’t control. We are not responsible for their content, policies, or practices.
Disclaimer of warranties
The Site is provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and accuracy. We do not warrant that the Site will be uninterrupted or error-free.
Limitation of liability
To the fullest extent permitted by law, Fermata will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, data, or goodwill, arising from or related to your use of the Site. Our total liability for any claim relating to the Site is limited to US$100. Some jurisdictions don’t allow these limitations, so they may not apply to you.
Indemnification
You agree to indemnify and hold Fermata harmless from claims, losses, and expenses, including reasonable attorneys’ fees, arising from your misuse of the Site or your violation of these Terms.
Governing law and venue
These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws rules. Any dispute relating to the Site or these Terms will be brought exclusively inthe state and federal courts located in New York County, New York, and you consent to their jurisdiction.
Changes
We may update these Terms. The updated version takes effect when posted here with a new date. Continuing to use the Site after that means you accept the changes.
General
If any part of these Terms is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver of it. These Terms are the entire agreement between you and Fermata about the Site. Any agreement covering VIXN controls for the platform.
Contact
Questions about these Terms: legal@fermatadiscovery.com.
Who we are
Fermata Discovery, Inc.
116 W 23rd St., Ste. 500, New York, NY 10011