TERMS OF SERVICE

Fortbridge.NET website and services

The following terms and conditions govern all use of the Fortbridge.NET website ("Website") and all content, services and products available at or through it, including, but not limited to, the Fortbridge.NET media distribution tool (“Media Distribution”).

The Website is owned and managed by Fortbridge Consulting Pty Ltd (“Fortbridge”).

The Website is offered "as is" and your registration as a user is subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Website by Fortbridge (collectively, the “Agreement”).

Please read this Agreement carefully before registering to or accessing the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Fortbridge, acceptance is expressly limited to these terms.

 

  1. Your Fortbridge.NET Login. You are responsible for maintaining the security of your login information, and you are fully responsible for all activities that occur under your login and any other actions taken in connection with the login. All emails sent via Fortbridge.NET are logged, along with the username they were sent from, and can be referenced at Fortbridge's own free will, should the need arise due to any breaches of the acceptable use conditions outlined in this Agreement. You must immediately notify Fortbridge of any unauthorized uses of your login. Fortbridge will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
  2. Responsibility of Issuers. If you use the Media Distribution section of Fortbridge.NET to issue press releases and other corporate information (collectively, the “Content”) to the media, you (the “Issuer”) are entirely responsible for the Content distributed via your login through the Website, and any harm resulting from that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audiovisual files, or computer software. By making Content available, you represent and warrant that:
    • your Content complies with the regulatory and material disclosure requirements of the securities/stock exchange(s) in the market(s) in which you operate,
    • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
    • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
    • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
    • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
    • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
    • the Content is not obscene, libelous or defamatory or ethnically objectionable, and does not violate the privacy or publicity rights of any third party, and
    • you have, in the case of Content that includes other attachments, ensured that these attachments comply with the above.
  3. Content limitation. The Fortbridge.NET Media Distribution service is designed specifically for the distribution and communication of "price sensitive" material disclosures only (i.e., "any information that could reasonably be expected to have a material effect on the company's share price"). By registering to Fortbridge.NET, you warrant that your company will not use the Website to distribute compliance type reports and appendixes. These are generally not newsworthy and would diminish Fortbridge.NET's value as a source of relevant information for the journalists and commentators who receive the communications. Fortbridge reserves the right to, in its own discretion and without warning, terminate or deny access to the system to any individual or entity that distributes Content which, in Fortbridge's reasonable opinion, is not price sensitive or a material disclosure.
  4. Rights. By uploading Content to Fortbridge.NET for distribution, you grant Fortbridge a world-wide, royalty-free, and non-exclusive license to distribute, rearrange, adapt and publish the Content solely for the purpose of distributing information about your company, your project and your commercial or operational activities and promoting your business.
    The Media Distribution function is designed to distribute material disclosures concerning the Issuer's company and its operations. It is a Fortbridge policy that the distribution be limited to this Content only. Without limiting any of those representations or warranties, Fortbridge has the right (though not the obligation) to, in Fortbridge's sole discretion, terminate or deny access to the Website to any individual or entity that, in Fortbridge's reasonable opinion, distributes Content which violates Fortbridge policies or is in any way harmful or objectionable.
  5. Media Distribution.
    • Access. Fortbridge.NET's Media Distribution service is available at no cost to all companies registered with Fortbridge.
    • Support. Media Distribution includes access to email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Fortbridge to respond within one business day) concerning the use of the Media Distribution tool.
  6. Optional services and Fees. Fortbridge.NET makes a number of products and services available to you. Optional paid services such as corporate research or investor relations target reports are available via the Website. By selecting a premium service you agree to confirm any  fees with Fortbridge at the time you request the subscription of these additional services. Payments will be charged on the day you sign up for an optional service and will cover the use of that service exclusively on the terms and for the period as indicated at the time of subscription to the optional service.
  7. Responsibility of Website Visitors. Fortbridge has not reviewed, and cannot review, all of the material, including computer software, posted or distributed via the Website, and cannot therefore be responsible for that material’s content, use or effects. By running the Website, Fortbridge does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Fortbridge disclaims any responsibility for any harm resulting from the use by registered users of the Website, or from any downloading of content posted on or distributed via the Website.
  8. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Fortbridge.NET links, and that link to Fortbridge.NET. Fortbridge does not have any control over those non-Fortbridge websites and webpages, and is not responsible for their contents or their use. By linking to a non-Fortbridge website or webpage, Fortbridge does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Fortbridge disclaims any responsibility for any harm resulting from your use of non-Fortbridge websites and webpages.
  9. Copyright Infringement. As Fortbridge asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Fortbridge.NET violates your copyright, you are encouraged to notify Fortbridge. In the case of an Issuer or visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Fortbridge or others, Fortbridge may, in its discretion, terminate or deny access to and use of the Website.
  10. Intellectual Property. This Agreement does not transfer from Fortbridge to you any Fortbridge or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Fortbridge. Fortbridge, Fortbridge.NET, the Fortbridge logo, and all trademarks, service marks, graphics and logos used in connection with Fortbridge.NET, or the Website may be trademarks or registered trademarks of Fortbridge or Fortbridge’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Fortbridge or third-party trademarks.
  11. Changes. Fortbridge reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Fortbridge may also, in the future, offer new services and/or features through the Website (including the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
  12. Termination. Fortbridge may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Fortbridge.NET account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a Media Distributions account, such account can only be terminated by Fortbridge if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Fortbridge’s notice to you thereof; provided that, Fortbridge can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  13. Disclaimer of Warranties. The Website is provided “as is”. Fortbridge and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Fortbridge nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
  14. Limitation of Liability. In no event will Fortbridge, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; or (iii) for interruption of use or loss or corruption of data. Fortbridge shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
  15. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Australia, the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
  16. Indemnification. You agree to indemnify and hold harmless Fortbridge, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
  17. Miscellaneous. This Agreement constitutes the entire agreement between Fortbridge and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Fortbridge, or by the posting by Fortbridge of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of New South Wales, Australia, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in New South Wales, Australia. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Fortbridge may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.