Terms of Service
General
By accessing, browsing or using this website, you acknowledge that you have read, understood and agree to be bound by these Terms and to comply with all applicable laws and regulations. If you do not agree to these Terms, you are not authorized to use this website. These Terms govern your use of the website, any content (such as text, data, information, software, graphics or photographs) that ComputerVault may make available through the website (collectively, “Materials”) and any services that ComputerVault may provide through the website (collectively, “Services”). The website, Materials and Services are referred to in these terms collectively as the “ComputerVault Website.” ComputerVault reserves the right to modify these Terms, or change or remove features of ComputerVault’s Website. Your continued use of ComputerVault Website after the date of the modification shall be deemed acceptance of the modified Terms or agreement, as applicable. Additional or different Terms, conditions and notices may apply to specific materials, information, products, software or services offered through the ComputerVault Website. In the event of any conflict, such additional or different terms, conditions and notices will prevail over these Terms. Please see the applicable agreement or notice. The Terms herein, together with any additional terms to which you agree when using particular elements of the ComputerVault Website, constitute the entire and exclusive and final statement of the agreement between you and ComputerVault with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and ComputerVault with respect to such subject matter. These Terms and the relationship between you and ComputerVault shall be governed by the laws of the State of Massachusetts, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the ComputerVault Website shall be brought in the Federal or State courts located in Worcester County, Massachusetts, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of ComputerVault to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of ComputerVault and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. These Terms shall remain in full force and effect notwithstanding any termination of your use of the ComputerVault Website. These Terms will be interpreted without application of any strict construction in favor of or against you or ComputerVault. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ComputerVault without restriction.
Trademarks
ComputerVault reserves all rights to its trademarks, service marks and logos which will be collectively referred to as “ComputerVault Marks.” No employee or other representative of ComputerVault is authorized to grant permission to use ComputerVault Marks or to provide guidance in their use, unless licensed within a formal written agreement. Thus, any promise or other representation with respect to ComputerVault Marks by a ComputerVault employee in the absence of a formal written agreement cannot be relied upon. ComputerVault does not object to the use of the ComputerVault Marks (other than logos) to refer specifically to the products of ComputerVault. However, a purely referential use or nominative fair use of the ComputerVault Marks must be in plain text. Qualified legal counsel should be consulted in order to distinguish a referential use from an infringing use. In the United States, registered ComputerVault Marks should be designated by the symbol “®”, while unregistered ComputerVault Marks should be identified by a “™” designation. The ComputerVault Marks must be used as adjectives, rather than as nouns or verbs.
Linking To ComputerVault Website
Linking to the ComputerVault Website (including an internal or subsidiary page of any website comprising a part of the ComputerVault Website) must be approved in writing by ComputerVault, except a limited, revocable right to create a hyperlink to the website is granted under condition that the website on which the hyperlink resides: 1. Does not utilize content of a ComputerVault Website; 2. Does not utilize a ComputerVault logo; 3. Does not use framing of the ComputerVault Website; 4. Does not misrepresent an affiliation or other relationship with ComputerVault; 5. Does not misrepresent any possible endorsement by ComputerVault; 6. Does not contain content that could be construed as illegal, distasteful, offensive or controversial; and 7. Is promptly modified to delete the hyperlink upon request by ComputerVault.
Copyright
Except where otherwise specified, the contents of the ComputerVault Website are subject to copyright. Copyright © 2022 ComputerVault, Inc. All rights reserved. The contents of the ComputerVault Website are protected by copyright and intellectual property laws in the United States and other countries as well as by international treaties. You may not copy or distribute any portion of the ComputerVault Website, except as necessary to view the ComputerVault Website. Please direct any questions or comments to ComputerVault
Links to Third Party Sites
Links on the ComputerVault Website to third-party website are provided solely for your convenience. If you access those links, you will leave the ComputerVault Website. ComputerVault does not endorse or make any representations about them, nor is ComputerVault responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on those websites. As ComputerVault does not control those websites, it is not responsible for the content, any links contained therein or any changes or updates to those third-party websites.
Anti-Piracy/License Compliance
ComputerVault vigilantly protects its technology and permits others to use it by virtue of license agreements. The use or distribution of ComputerVault software without permission from ComputerVault is software piracy. ComputerVault distributes and sells its software through a channel network of distributors and resellers worldwide. ComputerVault does not distribute or sell its product through unauthorized channels such as auctions, peer-to-peer networking, or through illegal download sites offering key or serial number generators. If you are contemplating or have obtained ComputerVault software through one of these avenues, you likely will find yourself with pirated software. Please contact ComputerVault here for assistance with your own or any other person or company’s unauthorized use of ComputerVault software. ComputerVault also understands that some customers may have challenges with managing their software licenses. In these instances, ComputerVault’s License Compliance team will assist by reviewing the customer’s licensing and deployment records and reconciling them with ComputerVault’s internal records. The goal of this program is to bring the entitlement records in line with usage. Please contact ComputerVault’s License Compliance team with questions or issues about your company’s usage at support@ComputerVault.com.
Indemnification
You agree to indemnify, defend and hold harmless ComputerVault, its parents, subsidiaries and other affiliated companies (and the respective officers, directors, employees or agents of any such entities) from and against any and all claims, liabilities, damages, losses, costs, expenses and fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account, computer or software’s) use of the ComputerVault Website or your violation of these Terms. ComputerVault reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with ComputerVault’s defense of such claim, and in no event may you agree to any settlement affecting ComputerVault without ComputerVault’s written consent.
Electronic Communications
When you visit the ComputerVault Website or send e-mails to ComputerVault, you are communicating with ComputerVault electronically. We may respond to you by e-mail or by posting notices on the ComputerVault Website. You agree that all such notices, disclosures and other communications that ComputerVault provides to you electronically satisfy any legal requirement that such communications be in writing.
United States Government Rights
All ComputerVault products and publications are commercial in nature. The software, publications and software documentation available on the ComputerVault Website are “Commercial Items,” as that term is defined in 48 C.F.R.§2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are defined in 48 C.F.R. §252.227-7014(a)(1) and 48 C.F.R. §252.227-7014(a)(5), and used in 48 C.F.R. §12.211, 48 C.F.R. §12.212 and 48 C.F.R. §227.7202, as applicable. Pursuant to 48 C.F.R. §12.211, 48 C.F.R. §12.212, 48 C.F.R.§252.227-7015, 48 C.F.R. §227.7202 through 227.7202-4, 48 C.F.R. §52.227-19 and other relevant sections of the Code of Federal Regulations, as applicable, ComputerVault’s publications, commercial computer software and commercial computer software documentation are distributed and licensed to United States Government end users with only those rights as granted to all other end users, according to the terms and conditions contained in the license agreements that accompany the products and software documentation and the terms and conditions herein.
Disclaimers
Information on the ComputerVault Website is not promised or guaranteed to be correct, current or complete, and the ComputerVault Website may contain technical inaccuracies or typographical errors. ComputerVault assumes no responsibility (and expressly disclaims responsibility) for updating the ComputerVault Website to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products or other matters described in the ComputerVault Website. ComputerVault provides no assurances that any reported problems will be resolved by ComputerVault, even if ComputerVault elects to provide information with the goal of addressing a problem. ALL INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE COMPUTERVAULT WEBSITE ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” WITH NO WARRANTIES OR GUARANTEES OF ANY KIND. COMPUTERVAULT EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTIES, GUARANTEES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NONINFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPUTERVAULT MAKES NO WARRANTY THAT THE COMPUTERVAULT WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT THE COMPUTERVAULT WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.
Limitation of Liability
IN NO EVENT WILL COMPUTERVAULT BE LIABLE FOR, (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES OR, (B) ANY DAMAGES WHATSOEVER IN EXCESS OF US$100.00, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, REVENUES OR SAVINGS, LOSS OR DAMAGE TO DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THE COMPUTERVAULT WEBSITE OR ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES ACCESSED ON OR THROUGH THESE WEBSITE, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY AND EVEN IF COMPUTERVAULT HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that ComputerVault may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of ComputerVault’s liability shall be the minimum permitted under such applicable law.
