These terms of use (“Terms of Use”) (i) govern your access to, and use of, www.fortmodular.com (the “Site”), and (ii) is a legal agreement between you and Fort Modular Inc. (“we”, “us”, “our” or “Fort Modular Inc.”). By accessing and utilizing the Site, you hereby agree that you: (i) have read and understand these Terms of Use; and (ii) are bound by and shall comply with these Terms of Use. Fort Modular Inc. reserves the right to make any changes to the Site, its content and/or services offered through the Site at any time and without notice. Fort Modular Inc. may modify these Terms of Use (in whole or in part) at any time in accordance with applicable law. If you do not agree to these Terms of Use, you may not access or use the Site.

Ownership and Use of Content.

You acknowledge and agree that all content and materials made available through or in connection with the Site are protected by either our rights, or the rights of our licensors or other third parties, of copyright, trademarks, service marks, patents, or other proprietary rights and laws. You may not use any of the marks, logos, domains and/or trademarks that you may find on or in connection with the Site, unless you have our prior written permission.

Fort Modular Inc. grants you for your own personal and non-commercial use only, a limited, non-exclusive, non-transferable, non-sublicensable license to access, use and display on your computer or other electronic access device, the Site and content for non-commercial use in accordance with the Terms of Use. You may download or print a copy of any content and/or materials for your personal use, you must retain all copyright and other proprietary notices contained on such content. You agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast, or otherwise make available any of the content obtained through the Site. All rights not expressly granted herein are reserved.

Disclaimers.

The following provision is inapplicable in Québec to Québec residents to whom the Quebec Consumer Protection Act applies.

This Site and all content, services, products and services obtained through it are made available on an “as is” and “as available” basis, without any representation, warranty or condition of any kind, express or implied, or any guaranty or assurance the Site will be available for use, or that all products, features, functions, services or operations will be available or perform as described. To the extent permitted by law, Fort Modular Inc. disclaims all implied representations, warranties and conditions relating to the Site, all content, products and services obtained through the Site, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or noninfringement. Fort Modular Inc. does not warrant that the Site will meet your requirements or that the operation of the Site will be uninterrupted or error-free; nor does Fort Modular Inc. make any warranty as to the result that may be obtained from the use of the Site or as to the accuracy, reliability, suitability or content of the Site. You agree that access to and use of the Site and the information, [products and services], and content available on it is at your own risk. Neither Fort Modular Inc. nor any third-party contributing to this Site is responsible for any errors or omissions in any information provided or any reliance on such information, services or content. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Site, including, without limitation, content associated with your use of the Site.

The Site may provide links to sites or resources owned or operated by third parties for convenience only. Fort Modular Inc. does not endorse any third-party site, products, services or information. You acknowledge and agree that we are not responsible for the availability of such sites and/or resources and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Such third parties have their own terms of use and other applicable policies. You should check such terms and policies before you utilize such third-party sites and/or resources.

Limitation of Liability.

The following provision is inapplicable in Québec to Québec residents to whom the Quebec Consumer Protection Act applies.

YOU ACKNOWLEDGE AND AGREE THAT NONE OF FORT MODULAR INC., ITS AFFILIATES AND/OR LICENSORS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES IN CONNECTION WITH YOUR ACCESS TO, PERFORMANCE OR USE OF THE SITE (INCLUDING WITHOUT LIMITATION THE FUNCTIONALITY THEREON) WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FORT MODULAR INC. HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

Indemnity.

The following provision is inapplicable in Québec to Québec residents to whom the Quebec Consumer Protection Act applies.

You will defend, indemnify, and hold harmless us, our affiliates, related entities and licensors, and each of their respective employees, officers, directors, and representatives from and against any and all claims, liabilities, losses, damages, expenses and costs (including, but not limited to, reasonable legal fees) caused by or arising from (i) your access to, or use of, the Site, (ii) your violation of these Terms of Use; (iii) any breach by you of applicable laws; and (iv) your infringement of any intellectual property or other right of any third party.

Terminating the Site.

You acknowledge and agree that we may terminate or suspend your access to, and use of, the Site if (a) you breach (or we reasonably believe you have breached) these Terms of Use; (b) required by applicable law; or (c) we discontinue the provision of the Site to our customers, generally. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your use or access to the Site and such activity may be referred to appropriate law enforcement authorities. You acknowledge and agree that we will not be liable to you or any third party for any costs or damages of any kind for, or resulting from, any termination of your access to the Site.

Personal Information.

In connection with your access to and use of the Site we may collect personal information from you. Our collection use and disclosure of personal information is governed by our privacy policy (“Privacy Policy”) which is incorporated herein by reference.

Miscellaneous

Entire Agreement. These Terms of Use constitute the entire agreement between you and Fort Modular Inc. with respect to the subject matter hereof.

Governing Law. These Terms of Use shall be governed by, construed and interpreted in accordance with the laws of British Columbia, or the laws of the Province of Québec for Québec residents, and the laws of Canada applicable therein, excluding their rules governing conflicts of laws. Both parties hereby expressly and irrevocably attorn to the exclusive jurisdiction of the courts of competent jurisdiction sitting in Toronto, Ontario, or the courts of the Province of Québec for Québec residents, or in such other jurisdiction as Fort Modular Inc. may enforce its rights.

Severability. To the extent any provision of these Terms of Use, including without limitation any disclaimers set forth herein, are deemed to be unenforceable as a matter of law, all remaining provisions of these Terms of Use shall remain in effect as written.

No Waiver. Fort Modular Inc. shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by an authorized representative of Fort Modular Inc. No delay or omission on the part of Fort Modular Inc. in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies.