DRF Customer Service Portal

Customer Service Portal Terms of Use
DR Fortress, LLC (“DRFortress”) operates this Customer Service Portal (“CSP”) providing online access to information about DRFortress and its products, services, and opportunities (the “Services”). By accessing and using this CSP, you agree to each of the terms and conditions set forth herein (“Terms of Use”). Moreover, your use of the CSP is also subject to the Terms and Conditions set forth in your Master Services Agreement. Additional terms and conditions applicable to specific areas of this CSP or to particular content or transactions are also posted in particular areas of the CSP and, together with these Terms of Use, govern your use of those areas, content or transactions. These Terms of Use, together with applicable additional terms and conditions, are referred to as this “Agreement.” DRFortress reserves the right to modify these Terms of Use at any time without giving you prior notice. Your use of the CSP following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified. USE You may use the Services, the CSP, and the information, writings, images and/or other works obtained on or through the CSP (singly or collectively, the “Information”) solely for your company’s internal purposes. No right, title or interest in any Information is transferred to you, whether as a result of downloading such Information or otherwise. DRFortress reserves complete title and full intellectual property rights in all Information. Except as authorized by these Terms of Use or you Master Services Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Information obtained from the CSP or the Services COPYRIGHT The CSP and the Information are protected by U.S. and/or foreign copyright laws, and belong to DRFortress or its partners, affiliates, contributors or third parties. The copyrights in the Information are owned by DRFortress or other copyright owners who have authorized their use on the CSP. You may download, reprint, and manipulate Information for your Company’s internal use only TRADEMARKS You are prohibited from using any of the marks or logos appearing throughout the CSP without permission from the trademark owner, except as permitted by applicable law. LINKS TO THIRD PARTY WEB SITES Links on the CSP to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the CSP. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by DRFortress of the third party, the third-party web site, or the information contained therein. DRFortress is not responsible for the availability of any such web sites. DRFortress is not responsible or liable for any such web site or the content thereon. If you use the links to the web sites of DRFortress affiliates or service providers, you will leave the CSP, and will be subject to the terms of use and privacy policy applicable to those web sites. LINKING TO THE CSP Except for links provided to employees via intranet or email, you may not connect links to the CSP. You may not mirror or frame the home page or any other pages of this CSP on any other web site or web page. FILE ACCESS DRFortress does not represent, guarantee, or warrant that files or reports available for downloading through the CSP will be free of infection by software viruses or other harmful computer code, files or programs. SOFTWARE Any software available for download through the CSP is the copyrighted work of DRFortress and/or its licensors. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement. DISCLAIMER OF WARRANTIES IN ADDITION TO THOSE DISCLAIMERS SET FORTH IN YOUR MASTER SERVICES AGREEMENT, DRFORTRESS MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE CSP, THE SERVICE OR THE CONTENT. DRFORTRESS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE CSP, THE SERVICES, THE INFORMATION, CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE CSP. DRFORTRESS DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE CSP OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE CSP OR THE SERVICE WILL BE CORRECTED. DRFORTRESS DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT. THE CSP, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LIMITATION OF LIABILITY IN NO EVENT WILL DRFORTRESS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE CSP, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE CSP; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE CSP, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE CSP, THE SERVICE, OR THE CONTENT, EVEN IF DRFORTRESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE CSP, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CSP. INDEMNIFICATION You understand and agree that you are personally responsible for your actions on the CSP. You agree to indemnify, defend and hold harmless DRFortress, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the CSP, the Service, or the Content, or any violation by you of this Agreement. USER CONDUCT You agree to use the CSP only for lawful purposes. You agree not to take any action that might compromise the security of the CSP, render the CSP inaccessible to others, or otherwise cause damage to the CSP or the Content. You agree not to attempt to access any Information that is not intended for you. You agree not to use the CSP in any manner that might interfere with the rights of third parties. IDEA SUBMISSION While DRFortress may consider unsolicited ideas, including ideas for new or improved products, technologies, services, processes, materials, or new product names, regardless of the statements contained in your posting, email, letter, or other transmission, (1) your idea will automatically become the property of DRFortress, without any compensation to you; (2) DRFortress will have no obligation to return your idea to you or respond to you in any way; (3) DRFortress will have no obligation to keep your idea confidential; and (4) DRFortress may use your idea for any purpose whatsoever, including giving your idea to others. DRFortress welcomes feedback on DRFortress’ existing businesses; however any feedback shall be deemed an Idea under the terms of the foregoing section. PASSWORD SECURITY You are responsible for maintaining the confidentiality of your identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password. MISCELLANEOUS No waiver by DRFortress of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The Information may contain typographical errors or other errors or inaccuracies and may not be complete or current. DRFortress therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. DRFortress does not, however, guarantee that any errors, inaccuracies or omissions will be corrected. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to these Terms of Use, your use of the CSP, any other DRFortress web site, the Services, or the Information are governed by, and will be interpreted in accordance with, the laws of the State of Hawaii, without regard to any conflict of laws provisions and the forum shall be Honolulu, Hawaii.

Customer Service Portal Terms of Use

DR Fortress, LLC (“DRFortress”) operates this Customer Service Portal (“CSP”) providing online access to information about DRFortress and its products, services, and opportunities (the “Services”). By accessing and using this CSP, you agree to each of the terms and conditions set forth herein (“Terms of Use”). Moreover, your use of the CSP is also subject to the Terms and Conditions set forth in your Master Services Agreement. Additional terms and conditions applicable to specific areas of this CSP or to particular content or transactions are also posted in particular areas of the CSP and, together with these Terms of Use, govern your use of those areas, content or transactions. These Terms of Use, together with applicable additional terms and conditions, are referred to as this “Agreement.”

DRFortress reserves the right to modify these Terms of Use at any time without giving you prior notice. Your use of the CSP following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified.

USE

You may use the Services, the CSP, and the information, writings, images and/or other works obtained on or through the CSP (singly or collectively, the “Information”) solely for your company’s internal purposes. No right, title or interest in any Information is transferred to you, whether as a result of downloading such Information or otherwise. DRFortress reserves complete title and full intellectual property rights in all Information. Except as authorized by these Terms of Use or you Master Services Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Information obtained from the CSP or the Services

The CSP and the Information are protected by U.S. and/or foreign copyright laws, and belong to DRFortress or its partners, affiliates, contributors or third parties. The copyrights in the Information are owned by DRFortress or other copyright owners who have authorized their use on the CSP. You may download, reprint, and manipulate Information for your Company’s internal use only

TRADEMARKS

You are prohibited from using any of the marks or logos appearing throughout the CSP without permission from the trademark owner, except as permitted by applicable law.

LINKS TO THIRD PARTY WEB SITES

Links on the CSP to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the CSP. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by DRFortress of the third party, the third-party web site, or the information contained therein. DRFortress is not responsible for the availability of any such web sites. DRFortress is not responsible or liable for any such web site or the content thereon. If you use the links to the web sites of DRFortress affiliates or service providers, you will leave the CSP, and will be subject to the terms of use and privacy policy applicable to those web sites.

LINKING TO THE CSP

Except for links provided to employees via intranet or email, you may not connect links to the CSP. You may not mirror or frame the home page or any other pages of this CSP on any other web site or web page.

FILE ACCESS

DRFortress does not represent, guarantee, or warrant that files or reports available for downloading through the CSP will be free of infection by software viruses or other harmful computer code, files or programs.

SOFTWARE

Any software available for download through the CSP is the copyrighted work of DRFortress and/or its licensors. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement.

DISCLAIMER OF WARRANTIES

IN ADDITION TO THOSE DISCLAIMERS SET FORTH IN YOUR MASTER SERVICES AGREEMENT, DRFORTRESS MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE CSP, THE SERVICE OR THE CONTENT. DRFORTRESS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE CSP, THE SERVICES, THE INFORMATION, CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE CSP. DRFORTRESS DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE CSP OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE CSP OR THE SERVICE WILL BE CORRECTED. DRFORTRESS DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT. THE CSP, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

LIMITATION OF LIABILITY

IN NO EVENT WILL DRFORTRESS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE CSP, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE CSP; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE CSP, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE CSP, THE SERVICE, OR THE CONTENT, EVEN IF DRFORTRESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE CSP, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CSP.

INDEMNIFICATION

You understand and agree that you are personally responsible for your actions on the CSP. You agree to indemnify, defend and hold harmless DRFortress, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the CSP, the Service, or the Content, or any violation by you of this Agreement.

USER CONDUCT

You agree to use the CSP only for lawful purposes. You agree not to take any action that might compromise the security of the CSP, render the CSP inaccessible to others, or otherwise cause damage to the CSP or the Content. You agree not to attempt to access any Information that is not intended for you. You agree not to use the CSP in any manner that might interfere with the rights of third parties.

IDEA SUBMISSION

While DRFortress may consider unsolicited ideas, including ideas for new or improved products, technologies, services, processes, materials, or new product names, regardless of the statements contained in your posting, email, letter, or other transmission, (1) your idea will automatically become the property of DRFortress, without any compensation to you; (2) DRFortress will have no obligation to return your idea to you or respond to you in any way; (3) DRFortress will have no obligation to keep your idea confidential; and (4) DRFortress may use your idea for any purpose whatsoever, including giving your idea to others.

DRFortress welcomes feedback on DRFortress’ existing businesses; however any feedback shall be deemed an Idea under the terms of the foregoing section.

PASSWORD SECURITY

You are responsible for maintaining the confidentiality of your identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password.

MISCELLANEOUS

No waiver by DRFortress of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The Information may contain typographical errors or other errors or inaccuracies and may not be complete or current. DRFortress therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. DRFortress does not, however, guarantee that any errors, inaccuracies or omissions will be corrected. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to these Terms of Use, your use of the CSP, any other DRFortress web site, the Services, or the Information are governed by, and will be interpreted in accordance with, the laws of the State of Hawaii, without regard to any conflict of laws provisions and the forum shall be Honolulu, Hawaii.