Fourth Power Terms of Use

Effective Date: December 23, 2024

Welcome to Fourth Power! These Terms of Use (“Terms”) govern your use of the website https://gofourth.com, and all associated websites or webpages within the gofourth.com domain or published by us (the “Website“) operated by Fourth Power, Inc. (“Fourth Power,” “we,” “us,” “our).

These Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you“), and Fourth Power concerning your access to and use of the Website. You agree that by accessing the Website, you have read, understood, and agreed to be bound by all of these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE WEBSITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

  1. Eligibility
    1. By using the Website, you represent and warrant that you are at least 18 years old. If you are under 18 years old, you may not use the Website.
    2. If you are using the Website on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. All references to “you” in the Terms shall include such organization, jointly and severally with you personally.
    3. If any applicable law, rule, regulation, or government restriction prohibits you from using or accessing the Website, then you must immediately cease all access and use. If you nevertheless access or use the Website, you will still be bound to the Terms and shall have all the obligations, responsibilities, and liabilities as if you were eligible to do so.
  2. General Use of the Website. Subject to these Terms, Fourth Power grants you the limited, revocable, non-transferable, non-sublicensable, non-exclusive right to access and use the Website and the information, materials (including, without limitation, HTML, text, graphics, audio, video, blog posts, visual interfaces, photographs, registered and unregistered trademarks, logos, computer code, artwork, documents, white papers, press releases, data sheets, product descriptions, software, and FAQs), and other content available on or from the Website (collectively, “Fourth Power Content“). All rights not expressly granted above are reserved by Fourth Power. This license does not include any resale or commercial use of the Website or the Fourth Power Content.
  3. User Responsibilities and Conduct
    1. You may not access or use the Website for any purpose other than that for which we make the Website available. The Website may not be used in connection with any commercial endeavors except your internal business or personal purposes.
    2. User Obligations. As a user of the Website, you agree to:
      1. Compliance with Laws: Your use of Website must not violate any applicable laws or regulations.
      2. Respect for Rights: Do not infringe on the rights of others, including privacy and intellectual property rights, or harass or threaten our employees or agents.
      3. Security: Avoid compromising the security of the Website or attempting to gain unauthorized access to any part of our systems or networks.
      4. Fair Use: Ensure your use does not negatively impact other users’ ability to engage with the Website.
      5. No Malicious Activities: Refrain from deploying harmful technologies or engaging in activities that disrupt or interfere with the normal operation of the Website.
      6. No Spam: Do not distribute unsolicited or unauthorized advertising, promotional materials, or any form of spam.
      7. No Competition: Using the Website to directly compete with Fourth Power is prohibited.
      8. No Reverse Engineering: Do not attempt to reverse engineer, decompile, or disassemble any aspect of the Website.
  4. Intellectual Property Rights. Fourth Power and its licensors retain all intellectual and proprietary rights in the Website, including all Fourth Power Content, as well as the trademarks, service marks, and logos contained therein (the “Fourth Power Marks“). The Fourth Power Content and Fourth Power Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world. The Fourth Power Content and Fourth Power Marks are provided in or through the Website “AS IS.” You may not use any Fourth Power Marks for any product or service that is not Fourth Power’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Fourth Power. All other trademarks not owned by Fourth Power that appear in the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Fourth Power.
  5. Infringement and DMCA. Fourth Power respects the intellectual property rights of others, and we ask you to do the same. Fourth Power may, in appropriate circumstances and at our discretion, terminate access to the Website  for users who infringe the intellectual property rights of others. If you believe in good faith that your work is the subject of copyright infringement and/or trademark infringement and appears on our Website, please provide Fourth Power’s designated agent the following information:
    • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    • Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of such works;
    • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit Fourth Power to locate the material;
    • Information reasonably sufficient to permit Fourth Power to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
    • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law; and
    • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed

    Fourth Power’s agent for notice of claims of copyright or trademark infringement on this Site can be reached at: [email protected].

  6. User Contributions. To the extent the capability is enabled, you may upload, submit, or otherwise make available content, data, information, or materials (“User Content“) to the Website. You retain all rights to your User Content but hereby grant Fourth Power a worldwide, royalty-free, non-exclusive license to host, display, reproduce, modify, and distribute User Content, in whole or in part, in any form, medium, or technology now known or later developed for the purpose of operating, promoting, and improving the Website and developing new ones.
  7. Monitoring. Fourth Power may, but is not obligated to, monitor, evaluate, audit, alter, and/or remove Fourth Power Content, User Content, and your use of the Website. Fourth Power reserves the right to accept, reject, refuse, remove, alter, or modify any Fourth Power Content or User Content, for any reason and at any time, without notice, but assumes no liability based on its acceptance, rejection, modification, or failure to modify, reject, or modify any Fourth Power Content or User Content. We may delete User Content at any time without notice to you. We have no obligation to store any User Content and have no responsibility or liability for the deletion or failure to store, transmit, or receive User Content. You are solely responsible for creating backup copies of or replacing any User Content at your sole expense.
  8. Third-Party Websites and Content. The Website may enable access to third-party content and Website. Fourth Power does not claim ownership over any third-party content and such content remains the property of its respective owners. Fourth Power is not responsible for examining or evaluating the content or accuracy of any third-party content and Website, and it does not warrant and will not have any liability or responsibility for any third-party materials or websites, for any other materials, products, or Website of third parties.
  9. Data Privacy and Security. Fourth Power respects the privacy of its users and is committed to protecting it through our compliance with the practices described in our Privacy Policy. By using our Website, you acknowledge that you have read and understand our Privacy Policy. Fourth Power employs robust security measures to protect the integrity and privacy of your data. We regularly review and update our security practices to guard against unauthorized access, alteration, disclosure, or destruction of your personal information and data stored on our servers.
  10. Warranty Disclaimer. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE WEBSITE  AND THE FOURTH POWER CONTENT, TOGETHER WITH ALL SOFTWARE, WEBSITE, AND FEATURES AVAILABLE ON OR THROUGH THE WEBSITE, ARE PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND FOURTH POWER MAKE NO REPRESENTATION, GUARANTEE, OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND WHATSOEVER. FOURTH POWER SPECIFICALLY DISCLAIMS ALL WARRANTIES, GUARANTEES, AND REPRESENTATIONS, INCLUDING ALL IMPLIED, STATUTORY, OR OTHER WARRANTIES WITH RESPECT TO THE WEBSITE AND THE FOURTH POWER CONTENT, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, OR THAT THE WEBSITE OR THE FOURTH POWER CONTENT ARE COMPLETE, SUITABLE FOR YOUR PURPOSE, OR ACCURATE. THE ENTIRE RISK AS TO RESULTS OBTAINED THROUGH USE OF THE WEBSITE AND/OR THE FOURTH POWER CONTENT RESTS WITH YOU. FOURTH POWER MAKES NO REPRESENTATION, GUARANTEE, OR WARRANTY THAT THE AVAILABILITY OF THE WEBSITE AND/OR FOURTH POWER CONTENT WILL BE UNINTERRUPTED, OR THAT THE WEBSITE AND/OR THE FOURTH POWER CONTENT WILL BE ERROR-FREE OR SECURE, OR THAT ANY OR ALL DEFECTS WILL BE CORRECTED.
  11. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT SHALL FOURTH POWER BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES DIRECTLY OR INDIRECTLY ARISING OUT OF OR CONNECTED TO YOUR ACCESS OR USE OF, OR INABILITY TO ACCESS OR USE, THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY AND ALL DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY, OR STATUTORY DAMAGES, INCLUDING ANY LOSS OF BUSINESS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, OR ANY COST OF COVER OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR WEBSITE, EVEN IF FOURTH POWER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL THEORY UNDER WHICH DAMAGES ARE SOUGHT, WHETHER IN BREACH OF CONTRACT OR IN TORT, INCLUDING NEGLIGENCE. IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF FOURTH POWER UNDER THESE TERMS EXCEED US$100. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.
  12. Indemnification. You agree to defend, indemnify, and hold Fourth Power and its officers, directors, employees, affiliates, subsidiaries, agents, licensors, and business partners (collectively, the “Fourth Power Parties“) harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) the Fourth Power Parties or any other indemnified party suffers in relation to or arising, directly or indirectly, from:
    • Your violation or breach of these Terms;
    • Your breach of any applicable laws;
    • Any claim or demand that your use of the Website or the use of the Website by any person using your username and/or password, violates any applicable law or regulation, or the patents, copyrights, trademark rights, personality, publicity, or other rights of any third party; and
    • Any claim that your User Content infringes or misappropriates any third-party patent, copyright, trademark, or trade secret, privacy, publicity, or any other third-party right.
  13. Termination and Suspension. In the event we reasonably believe you have breached, or will breach, any provision of these Terms, Fourth Power may, without limiting its other rights and remedies, immediately suspend your use of the Website until such breach is cured or we reasonably believe there is no longer a threat. Fourth Power reserves the right to immediately terminate your access to or use of free Website, at any time, with or without cause, and with or without notice. You may terminate the use of free Website at any time. Upon expiration or termination of these Terms, your access to the Website will immediately cease. In no event will Fourth Power have any responsibility or liability to you related to suspension or termination of these Terms or any account. The termination or expiration of these Terms will not affect any provisions herein which by their nature survive or are intended to survive termination or expiration, including but not limited to the provisions that deal with the following subject matters: ownership of intellectual property, confidentiality, effect of termination, limitation of liability, indemnification, disclaimers, export control, and the “General” section in these Terms.
  14. Export Control. The export control information provided on this Website may not reflect the most current legal or regulatory developments and Fourth Power does not represent, warrant, or guarantee that it is complete, accurate, or up to date. It is not intended as legal advice or as an exhaustive interpretation of the export control laws and regulations. For specific guidance, you should consult with your legal counsel, export professional, or relevant governmental authorities. It is your responsibility to ensure compliance with export control requirements.
  15. Modifications to Terms. Fourth Power reserves the right to revise, change, update, add, or remove provisions of these Terms at any time by posting the updated Terms on the Website, along with a notice of the effective date. You agree to periodically review the Terms to be aware of any modifications. By accessing or using the Website after Fourth Power has updated these Terms, you agree to the updated Terms. If you do not agree with any of the updated Terms, your only recourse is to stop using the Website. We may modify, alter, terminate, update, or discontinue the Website, including any portions of the Website, at any time, without prior notice.
  16. General
    1. Site Location and Local Laws. Fourth Power controls and operates this Site from the USA. The Website may not be appropriate or available for use in other locations. Fourth Power makes no representation that all features of the Website will be available to you from specific countries, or that the Website are permitted to be accessed from any country. You are solely responsible for any decision to use the Website from your location and for compliance with applicable local laws.
    2. Feedback. You may volunteer feedback to Fourth Power about the Website or any content offered through the Website (“Feedback”). Fourth Power shall be irrevocably entitled to use that Feedback, for any purpose and without any duty to account. All such Feedback is non-confidential and non-proprietary.
    3. Governing Law and Dispute Resolution. These Terms and any dispute arising out of the Website provided by Fourth Power shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. The 1980 UN Convention on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) are expressly excluded. Prior to initiating any formal dispute resolution proceedings, you and Fourth Power agree to engage in an informal negotiation for at least thirty (30) days to resolve any disputes. If the dispute cannot be resolved informally, it shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules in Wilmington, Delaware. The arbitration will be conducted on an individual basis, and class arbitrations and class actions are not permitted. Any action to enforce an arbitration award, or in the event arbitration is not permitted by law, shall be brought solely in the Federal Court for the District of Delaware, or if that court lacks subject matter jurisdiction, in any Delaware State Court located in New Castle County, Delaware. The parties irrevocably waive any claims and defenses of lack of personal jurisdiction or improper venue. Any claim or dispute must be filed within one (1) year from when it could first be filed, otherwise, it is permanently barred. The arbitration award shall be final and binding upon the parties and may be enforced in any court of competent jurisdiction.
    4. Waiver of Rights and Remedies. Our failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. Our rights, powers, and remedies in these Terms, including the right to suspend, restrict, or terminate any use of the Website, are cumulative and in addition to any right, power, or remedy that may be available to us at law or in equity.
    5. Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining portion will remain in full force and effect and such provision will be enforced to the maximum extent possible so as to give effect the intent of the parties and will be reformed to the extent necessary to make such provision valid and enforceable.
    6. Assignment and Inurement. We may at any time assign our rights and obligations under these Terms, in whole or in part, without notice to you. You may not assign these Terms without our prior written consent. These Terms will inure to the benefit of and bind you and us and our respective personal and legal representatives, successors, and permitted assigns.
    7. Relationship. The parties are independent contractors. No joint venture, partnership, fiduciary, employment, or agency relationship exists between us and you as a result of these Terms or use of the Website. There are no third-party beneficiaries of these Terms. Neither party has the authority to bind or act on behalf of the other party in any capacity.
    8. Force Majeure. Neither party will be liable for, or be considered to be in breach of, or in default under, these Terms, as a result of any cause or condition beyond such party’s reasonable control.
    9. Entire Agreement. These Terms, as amended from time to time, including any and all documents, websites, rules, terms, and policies referenced herein, constitute the entire agreement between us and you with respect to the matters referred to in these Terms and supersede all prior and contemporaneous agreements and understandings, whether electronic, oral, or written, between us and you with respect to such matters.
    10. Contact Us. If you have any questions about these Terms or otherwise need to contact Fourth Power for any reason, you can reach us at [email protected].