This website located at www.mysuperbackup.com (the "Site") and any and all online back-up services ("Services") and software ("Software") provided through the Site is owned and operated by Strongvault Online Storage LLC (the "Company"). For the purposes hereof, the users of the Site, Software and Services are referred to as "you", "your" or "User" and the Company is referred to as "we", "us" or "our".
Acceptance of Terms
You must be at least 18 years old to use the Site, the Software and the Services. By using the Site, the Software, or the Services, you represent and warrant that you are at least 18 years of age. If you are not 18 years of age or older, please do not access or use the Site, the Software or the Services.
To access and use the Services, you must create a user account ("Account") and select a user name and password. You are solely and exclusively responsible for maintaining the confidentiality and security of such user name and password. Moreover, you are responsible and liable for any and all activities that occur under your Account. You agree to notify us immediately in the event of any unauthorized use of your Account or any breach of Account security of which you become aware or that you reasonably do or should suspect. However, regardless of such notification, we will under no circumstances whatsoever be liable or responsible for any loss that you incur as a result of any unauthorized use of your Account (whether such use occurs with or without your knowledge). In addition, you will be responsible in the event that we (or any third party) incurs any losses or damages whatsoever as a result of your Account (whether authorized or known, or not, by you). You must provide a valid e-mail address with your Account. In the event the e-mail address associated with your Account is invalid for any reason, we may cancel your account without any notice to you.
Subscription of Services
Your subscription to the Services will commence when you click the "I AGREE" button and download the Software. If you downloaded the free version of the Software, you acknowledge and agree that the free version of the Software and the Services may be limited in features and is supported by advertisements through pop-ups and extensions installed on your web browser ("Free Subscription"). During your use of the free version of the Software, you will have the opportunity to upgrade to a paid Subscription which will enable you to access the full version of the Software and Services ("Paid Subscription"). The length of each Paid Subscription period (the "Paid Subscription Period") and the terms and conditions of the Paid Subscription are set forth in the enrollment form.
Once you have enrolled in a Paid Subscription, no refunds will be given if you cancel your Paid Subscription prior to the expiration of the Paid Subscription Period. Cancellation will take effect at the end of the then-current Paid Subscription Period unless a sooner date is requested. We may, but are not obligated to, contact you to remind you of the expiration of the then-current Paid Subscription Period. If you change your credit card or your credit card expires, you are responsible for updating the credit card information associated with your Account. If we are unable to charge your credit card or your payment cannot be processed for any reason, your Paid Subscription will be cancelled.
You further acknowledge and agree that if you are enrolled in a Free Subscription and do not use any of the Services (i.e., back-up your files with the Company) within forty-five (45) days of the creation of your Account, we may cancel your Account. Advertisements may still appear even if your Free Subscription has been cancelled. To disable the advertisements, you will need to uninstall the Software from your computer. If, after the cancellation of your Free Subscription, you choose to reinstate your Account, please log into your Account at www.mysuperbackup.com/users/login and click on the "REINSTALL FREE TRIAL" link.
You are responsible for paying any and all applicable taxes (including, without limitation, sales tax, services tax, use tax and value-added tax), duties, levies, charges and excises imposed by any government agency or entity, except for those taxes that may be based on the income of Company. The Company shall have no obligation, responsibility or liability with respect to your aforementioned responsibilities or liabilities to any government agencies or entities.
Trials and Promotions
The Company does not represent or endorse the accuracy or reliability of, and specifically and expressly disclaims any and all liability related to (whether directly or indirectly), any information displayed, uploaded, posted on the Site, or otherwise distributed or transmitted through the Site by any person or entity. Moreover, the Company in its sole and absolute discretion reserves the right to refuse to post, host or display, and the right to remove or delete, any information from this Site, in whole or in part, for any reason (or no reason) at any time without any notice thereof to you or any other person or entity. Any comments, feedback or advice that you provide to us at, through, in connection with or relating to this Site shall be deemed to be non-confidential and we (and our affiliates) shall have an unrestricted and absolute right to post and publish the same (in our sole and absolute discretion) for any purpose whatsoever.
Your Conduct, Behavior and Duties
You represent, warrant and agree that you will not, directly or indirectly: (a) falsify or misrepresent any information regarding your identity or intentions with respect to any matter in connection with the Site, the Software or the Services; (b) post, publish, transmit, distribute, or upload any information or materials through the Site, the Software or the Services that is unlawful, obscene, lewd, sexually explicit, derogatory, abusive, threatening, discriminatory with respect to race, religion or gender, or is otherwise reasonably disagreeable, offensive or objectionable; (c) post, publish, transmit, distribute, or upload any information or materials through the Site, the Software or the Services that contains a virus, or any other harmful software code or programming routine, that could impair operation or function of the Site, the Software or the Services or access of others who may, do or will access or use the Site, the Software or the Services; (d) post, publish, transmit, distribute, offer or upload any information or materials through the Site, the Software or the Services that is (in whole or part) unlawful, false, deceptive, misleading, fraudulent, or otherwise reasonably disagreeable, offensive or objectionable, including (without limitation) any information, document, communication or transmission that constitutes, affirms, encourages or supports the commission of any illegal activity or any violation of any local, state, national or applicable foreign law, rule or regulation, including (without limitation) any laws that protect the intellectual property, personal or privacy rights of any person or entity; (e) post, publish, transmit, distribute, or upload any information, content, documents or materials through or in connection with the Site, the Software or the Services that in any way violates any patent, copyright, trademark or any other proprietary intellectual property rights of others; (f) post, publish, transmit, distribute, or upload any information, documents, content or materials through or in connection with the Site, the Software or the Services that violates any legal, property, intangible, confidentiality or privacy rights of others; and (g) post, publish, transmit, distribute, or upload through or in connection with the Site, the Software or the Services any bulk e-mail solicitations, chain letters, solicitations, advertisements, pyramid schemes or any other unsolicited communication, including, without limitation, spamming those who access, browse or use the Site, the Software or the Services.
You are prohibited from violating or attempting to violate the security of the Site, the Software or the Services, or any third party network, system, server, or account, including, without limitation, engaging in any of the following activities: (a) accessing data, folders, information, content, materials, servers, accounts, databases, etc. which you are not authorized to access, (b) impersonating our personnel (or any other person or entity) or engaging in any other pre-texting, (c) attempting to (i) probe, scan or test the vulnerability of a system, server, account or network, or (ii) breach security, validation or authentication measures of any of the foregoing, (d) attempting to interfere with, disrupt or disable service or access or use of the Site, the Software or the Services to or for any user, host, server, account or network, including, without limitation, via means of overloading, "flooding," "mailbombing," "denial of service" attacks, or "crashing", (e) forging any TCP/IP packet header or any part of the header information in any e-mail or posting, (f) taking any action in order to obtain services to which you are not entitled, or (g) attempting to utilize another party's account name or persona without first obtaining authorization from that party. You are also prohibited from attempting any action designed to circumvent or alter any method of measuring or billing for the Site or the Services for any User. Violations of these policies and the Site's, the Software's and the Services' security may resulting civil or criminal liability for the offending party.
Additional Representations and Warranties
Company may be subject to regulation by agencies of the government of United States of America and/or foreign governments, including, but not limited to, the United States Department of Commerce, which prohibit export or diversion of certain technical products to certain countries. Your present and warrant that you will comply in all respects with the applicable rules and regulations of any and all agencies of the governments of the United States of America and foreign governments that are applicable to your use of the Site, the Software and the Services; provided, that in the event or instance of any conflict or ambiguity between the applicable rules and regulations of agencies of the United States of America and those of any foreign government, the former (i.e. of the U.S.A.) shall be given priority and precedence.
Disclaimer of Legal Compliance
YOU EXPRESSLY UNDERSTAND AND ACKNOWLEDGE THAT THE SITE, THE SOFTWARE AND SERVICES MAY NOT CONFORM TO, OR MEET WITH, ANY OR ALL APPLICABLE REQUIREMENTS OF SSAE 16, PAYMENT CARD INDUSTRY (PCI) STANDARDS (AS AMENDED), THE SARBANES-OXLEY ACT OF 2002 (AS AMENDED), THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) (AS AMENDED), THE GRAMM-LEACH-BLILEY ACT (AS AMENDED) AND OTHER LAWS, RULES AND REGULATIONS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SITE, THE SOFTWARE AND THE SERVICES AND THEIR COMPLIANCE WITH THE AFOREMENTIONED LAWS OR ANY OTHER LAWS, RULES OR REGULATIONS.
All Company information, materials, content, images, graphics, software, trademarks, logos, service marks provided on or through the Site, the Software or the Services (collectively the "Proprietary Information") is and are the sole and exclusive property of the Company or are duly licensed by the Company, and may not be used, copied, reproduced, distributed, republished, uploaded, downloaded, displayed, posted or transmitted in any form or by any means without the prior express written consent of the Company. The Proprietary Information, including (without limitation) all HTML code, server-side code, XML code, and compilations of meta tag key words, specification and trade name data, newsletters and publications, press materials, product and service descriptions, testimonials and all similar data and information, is exclusively owned or duly licensed by the Company, and is and shall, to the maximum extent allowed by applicable law, be protected by copyright and trademark laws and international treaty provisions. To the extent that the Proprietary Information is also covered by copyright law (and you are hereby advised that much or all of the Proprietary Information is copyrighted), violators are given notice that any such violations may result in severe civil and criminal penalties. Violators of this paragraph will be prosecuted to the maximum extent possible. Users of the Site, the Software and the Services shall have no right to the Proprietary Information. COPYING OR REPRODUCTION OF THE PROPRIETARY INFORMATION, INCLUDING, BUT NOT LIMITED TO, THE SOFTWARE OR CONTENT, TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. Proprietary Information also includes, without limitation, information, materials, content, images, graphics, software, trademarks, logos, service marks licensed or made available to Company by third parties.
Except as expressly set forth herein, nothing on the Site or through your use of the Software or Services is intended to grant any rights (including, without limitation, under or with respect to any patent, mask work right, copyright, trademark, title, interest in products or trade secret of Company) to you. All such rights shall remain the sole and exclusive property of the Company and you shall gain no interest, right or title therein. Further, nothing contained herein, on the Site or through your use of the Software or Services should be construed as granting (whether express, by implication, estoppel or otherwise) any license or right to use any intellectual property, trademarks, copyrights or other proprietary information (or the Proprietary Information) displayed on or through the Site, the Software or the Services. The absence of a product or service name or logo anywhere in the text of the Site, the Software or the Services does not constitute a waiver of any trademark or other intellectual property rights concerning that name or logo. UNDER NO CIRCUMSTANCES WHATSOEVER MAY ANY USER REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR OTHERWISE ATTEMPT TO DECIPHER THE SITE, THE SOFTWARE OR THE SERVICES OR ANY OTHER ASPECT OF THE COMPANY'S TECHNOLOGY, INTELLECTUAL PROPERTY, PRODUCTS, SERVICES OR PROPRIETARY INFORMATION.
The Company does not assume responsibility for verifying the content, materials, documents and information passed through or accessed via or in connection with the Site, the Software or the Services. The Company is not responsible for any damages, losses, expenses or other injuries incurred by any User as a result of, relating to, or in connection with, any content, materials, documents and information transmitted, distributed or uploaded through or in connection with the Site, the Software or the Services.
We may alter, suspend or discontinue (in whole or in part) the Site and the Services or your access to use Site and the Services at any time for any reason (or no reason) without any notice or liability whatsoever to you or to any third party (provided, that if you are a User of the Services and we suspend or discontinue the Services or your use of the Services, without cause or reason, you will not be charged for the period during which you are not allowed to access and use the Services through no fault of your own).
The Site, the Software and the Services may become unavailable due to routine maintenance or malfunction of computer equipment or for other reasons, and in any such instance, may result in damages to your systems or operations; we shall no liability whatsoever to you under any such circumstance. You shall be solely and wholly responsible for ensuring that any information, documents, materials or content obtained through or in connection with the Site, the Software or the Services (i) does not contain any virus or other computer software code or subroutine designed to disable, erase, impair or otherwise damage your systems, software or data, and (ii) that are lawfully and properly used, uploaded, shared or accessed by you, are backed up or stored on your own systems or servers. The Company shall have no obligation or duty whatsoever to backup any portion of the Site or any information, content, materials or documents on the Site. You expressly agree and acknowledge that you are not relying on us to perform any backup or storing of your content, information, materials or documents.
Third Party Content, Advertising or Services
Please note that the free version of the Software is supported by advertising. Accordingly, the Site and the free version of the Software may provide third party content, advertising and services, and links thereto (e.g., links to third party websites), that are owned or operated by third parties or generated by other users (collectively, "Third Party Content and Services"). As a user of the Site and the free version of the Software and Services, you may be presented with Third Party Consent and Services within the Site, through your use of the Software and Services, and within web pages rendered by your browser when the Software or Services are enabled. Such Third Party Content and Services are not endorsed or controlled by the Company, and the Company assumes no responsibility for the content, privacy policies, or practices of any Third Party Content and Services. Additionally, your dealings with or participation in promotions of advertisers derived from such Third Party Content and Services, including payment and delivery of goods, and any other terms are solely between you and such providers of Third Party Content and Services. You agree that the Company shall not be responsible for any loss or damage of any sort relating to your dealings with such providers of Third Party Content and Services. By upgrading to the Company's paid or premium version of the Software and Services, the program, mechanism or add-on to the Software that provides the Third Party Content and Services will be automatically uninstalled.
Links to Us
Unless another party has entered into a written agreement with the Company, a party may only provide a hypertext link to the Site on another web site, if such hyperlink complies with ALL of the following conditions: (a) the link must be a text-only link clearly marked as www.mysuperbackup.com; (b) the link must "point" to the URL "www.mysuperbackup.com" and not to any other pages within the site; (c) the link, when activated by a user of the linking site, must display the Site full-screen and not with a "frame" on the linking web site; and (d) the appearance, position and other aspects of the link must not be such as to directly or indirectly damage or dilute the goodwill associated with the name and trademarks of the Company and the Site, and must not create the false or misleading appearance that the Company or the Site is associated with, or endorses or sponsors, the linking web site. The Company may selectively revoke its consent to any link at any time (for any reason or no reason) in the Company's sole and absolute discretion.
Support, Software Updates and Uninstall
The Company may elect to provide you with customer support for the Site, the Software and/or the Services (collectively, "Support"), in its discretion, and may terminate such Support at any time without notice to you. The Company reserves the right, at any time, to add additional services and products, including services and products of its third party affiliates and marketing partners, and/or add additional, features or functions to, or release new versions of, the Software (any such new services, products, or features, functions or versions of the Software, "Upgrades"). The Company reserves to right to automatically install, without your additional consent, any Upgrades at any time when the Software communicates with the Company's servers. Finally, although we may make Upgrades available to you, you understand and acknowledge that we have no obligation to do so. The Company may change, suspend, or discontinue any aspect of the Site, Software and/or Services at any time. The Company may also impose limits on certain features within the free version of our Software and Services or restrict your access to parts or all of the features without notice or liability to you. The Company reserves the right to market, promote, advertise or solicit other offerings through your use of the free version of our Software and Services. Once installed, the Software can be uninstalled by accessing Add/Remove Software (or Uninstall a Program) through your Control Panel.
Disclaimer of Warranties
THE SITE, THE SOFTWARE AND THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND WHATSOEVER. TO THE FULLEST AND MAXIMUM EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, THE COMPANY DOES NOT WARRANT THAT: (1) THE INFORMATION, MATERIALS OR CONTENT ON THE SITE OR RELATED TO THE SOFTWARE OR THE SERVICES IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THE SITE OR THROUGH THE SOFTWARE OR THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE; OR (3) ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SOFTWARE OR THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SITE, THE SOFTWARE AND THE SERVICES IS AT YOUR SOLE AND ABSOLUTE RISK IN YOUR OWN DISCRETION.
Limitation of Liability
Changes or Specialized Modifications
Company will not be liable for any failure to perform acts due to causes beyond its control (including, without limitation, electrical outage, Internet Service Provider downtime, power failure, fire, flood, strike, civil disturbance, terrorism, war or Acts of God). If any such circumstances occur, Company shall provide reasonable notice to you of the same and the time for Company to perform hereunder will be extended for a period of time equal to the duration of the delay or default caused thereby.
Neither this Agreement, nor any rights or obligations hereunder, may be assigned or otherwise transferred (in whole or in part) by you without the prior express written consent of Company. Any attempted assignment by you in violation of this paragraph shall be null and void. This Agreement will be binding upon and inure to the benefit of the parties hereto and their respective successors, heirs, executors and permitted assigns. Company may freely assign or transfer (in whole or in part) this Agreement with or without notice thereof to you.
Failure by Company to enforce any right, remedy or provision hereof will not be deemed a waiver of the same or any future enforcement of that or any other right, remedy or provision, unless (and only to the extent) that such waiver is in writing and signed by a duly authorized representative of Company.
LeadImpact End User License Agreement for Strongvault Users
NOTICE TO USER: THIS END USER LICENSE AGREEMENT ("EULA" or "AGREEMENT") APPLIES WITH RESPECT TO SOFTWARE APPLICATIONS AND DIGITAL CONTENT OWNED AND PROVIDED BY LEAD IMPACT SUB LLC, ITS PARENT COMPANY, AND ITS SUBSIDIARIES AND AFFILIATES (REFERRED TO IN THIS AGREEMENT AS "WE" OR "LEADIMPACT"). THIS AGREEMENT SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO YOUR USE OF ANY LEADIMPACT OR RELATED ENTITIES' SOFTWARE (DEFINED IN SECTION 1 BELOW), BUT SHALL NOT GOVERN YOUR USE OF ANY OTHER SOFTWARE. PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING "ACCEPT," "FINISH," "CONTINUE" OR A SIMILAR ACKNOWLEDGMENT BELOW, OR BY USING ALL OR ANY PORTION OF THE LEADIMPACT SOFTWARE, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE LEADIMPACT SOFTWARE.
Special Notice for Non-English Speakers:
By installing the Strongvault Online Backup application with LeadImpact Software, you get free access to the Strongvault application. The LeadImpact Software will show you a limited number of ads that pop up on your screen in a separate browser and/or in a Slider format similar to an Instant Messaging notification. The ads are based on keywords from the websites you visit. Please note that you may receive Adult-oriented ads if you utilize keywords connected to, search for or view Adult websites. See Section 7.2 below for more details. Once installed and running, you can uninstall it at any time by uninstalling Strongvault using the Add or Remove Programs feature of Microsoft Windows.1. Definitions. "LeadImpact Software" means (a) the Search Assistant (as described in Section 7), or any other software or digital content owned and provided by LeadImpact, that accompanies this Agreement; and (b) any bug fixes, upgrades, modified versions or updates to the LeadImpact Software (collectively referred to as "Updates") that we subsequently provide to you. "Use," "Used" or "Using" means to access, install, download, copy or benefit from utilizing the functionality of the LeadImpact Software.
2. Owner of Computer; All Users Bound; Software License. You represent and warrant either that you are the owner of the computer and that you have authorized the download and installation of the LeadImpact Software or that the owner of the computer has authorized you to do so. You agree, with respect to all users of the computer on which you have caused the LeadImpact Software to reside, to provide a copy of this Agreement and to obtain their consent to the terms and conditions of this Agreement before allowing them to Use the LeadImpact Software. Alternatively, if you have the legal right to accept this Agreement on behalf of one or more users of the computer on which you have caused or authorized the LeadImpact Software to reside, then you hereby accept this Agreement on behalf of all such other users. You understand that the presence of the LeadImpact Software on any computer is voluntary and that you may remove it at any time. As long as you comply with, and subject to, the terms of this Agreement, LeadImpact grants to you a non-exclusive, revocable license to Use the LeadImpact Software, in binary executable form only, solely for the purposes described in this Agreement.
3. Age Limitation. You must be at least 18 years of age to Use the LeadImpact Software. By accepting the terms of this Agreement and Using the LeadImpact Software, you represent that you are over the age of 18.
4. Restrictions. You will: (a) not reverse engineer, disassemble or decompile the LeadImpact Software or attempt to discover or recreate the source code to the LeadImpact Software, except as otherwise required by applicable law, (b) comply with all applicable laws, including U.S. export control laws, in your Use of the LeadImpact Software, (c) not make any modification, adaptation, improvement, enhancement, translation or derivative work of or to the LeadImpact Software, (d) not remove, alter or obscure any proprietary notices (including copyright notices) of LeadImpact or its licensors in the LeadImpact Software, (e) not Use the LeadImpact Software for purposes for which it is not designed, and (f) only Use the LeadImpact Software for personal, non-commercial use.
5. Intellectual Property Rights. The LeadImpact Software is the intellectual property of, and owned by LeadImpact and its licensors and suppliers. The structure, organization and code of the LeadImpact Software are the valuable trade secrets and confidential information of LeadImpact and its licensors and suppliers. The LeadImpact Software is protected by state, federal and international copyright protections, including without limitation by United States copyright law, international treaty provisions and applicable laws in the country in which it is being used. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the LeadImpact Software by implication, estoppel or any other legal theory, and all rights not expressly granted in this Agreement are reserved by LeadImpact and its assigns, licensors and suppliers. One or more patents cover the features and services associated with this software including without limitation: US Patent No. 7,159,192, US Patent No. 6,784,900, US patent application publication 20070162867; and all continuation patent, continuation-in part patents, and divisional patents and corresponding foreign counterparts.
6. Third Party Code; Notice and Attribution. The LeadImpact Software includes third party software subject to open source license terms, including, without limitation, the following applications: Encryption Engine, Compression Algorithm, PCRE, Firefox Plug-in Modules, and NSIS Toolkit and Plug-ins. All rights are reserved by the licensors of such code and ownership is attributed as follows: Encryption Engine: Copyright © 2002, Dr Brian Gladman email@example.com, Worcester, UK. Compression Algorithm: Copyright © 1995-2002 Jean-loup Gailly and Mark Adler. PCRE: THE BASIC LIBRARY FUNCTIONS Written by: Philip Hazel, Email local part: ph10, Email domain: cam.ac.uk University of Cambridge Computing Service, Cambridge, England. Copyright © 1997-2007 University of Cambridge All rights reserved. Reference to copyright ownership is for attribution purposes only and in no event shall be deemed an endorsement by such owners of the LeadImpact Software. You acknowledge and agree that your right to use these publicly available components of the LeadImpact Software is governed by the terms applicable to each application ("Other Software Terms"). In the event of any conflict with the express terms of this Agreement and the Other Software Terms, the Other Software Terms of such publicly available license shall control your use of the relevant application. In no event shall the LeadImpact Software be deemed "open source" or "publicly available" software.
7. Important Information Regarding LeadImpact's Search Assistant Software. LeadImpact Software incorporates search functionality software (the "Search Assistant Software"), described as follows:
7.1. Functionality. The Search Assistant Software recognizes keywords from your Internet browser to display relevant contextual advertisements. These advertisements may be displayed on your computer screen at any time while you are searching and shopping online (and not necessarily while you are using any product or service related to or downloaded with the Search Assistant Software); the advertisements pop-up on your screen in a separate browser and/or are displayed in a Slider format similar to an Instant Messaging notification. The Search Assistant Software neither stores any personally identifiable information nor records your browsing behavior. Please refer to Section 12 (below) for further information about our privacy policies.
7.2. Display of Advertising. The Search Assistant Software starts automatically when you start your computer, runs in the background on your computer, and may periodically direct you to our sponsors' websites and/or show you other forms of advertisements (including the Slider format). By installing Strongvault and/or using the Search Assistant Software you grant LeadImpact permission to periodically show you advertisements. The frequency of these advertisements (which will, for example, pop up on your screen in a separate browser and/or be displayed in a Slider format) will be limited. Depending on Internet activity, active users may see about five (5) advertisements per day; some may see more, some may see fewer. To see a representative example of an advertisement that may be displayed, go to http://www.leadimpact.com/about/products.aspx, which is incorporated herein by reference. On occasion, you may search for a website and receive an error from your browser software indicating that the site cannot be found. When this occurs, the Search Assistant Software includes a function that may redirect your web browser to our sponsor's websites based on the content of the website address, or URL, which you entered. You hereby consent to these actions. Please note that you may receive ads for Adult-oriented websites if you utilize keywords connected to, search for or view Adult websites. An Adult website is one that contains or references (whether via audio, video, audiovisual, images, sounds or text) any of the following: profanity, violence, blood and gore, weapons, use of alcohol, drugs, tobacco, online gambling, pornography, erotica, erotic images, nudity, sex, sexually explicit images, and sexual references. LeadImpact does not permit ads that are themselves pornographic, nor does it permit advertisements for online "pay-for-play" gambling, either directly or indirectly, in the United States or other jurisdictions where such advertisements are disallowed. More generally, LeadImpact does not permit ads promoting illegal products or illegal practices. If you believe you have received an ad that violates these prohibitions, please contact us at the web or street address listed in the last section of this Agreement. We request that you enclose a screenshot of the advertisement (including its ad label) in your communication to us.
7.3. Identification of Advertisements. The advertisements that the Search Assistant Software presents (including those provided in a separate browser window and displayed as Slider advertisements) are not endorsed by or affiliated with the websites that trigger their appearance. Advertisements that the Search Assistant Software presents are branded with a LeadImpact brand name in, for example, the browser window or in a conspicuous line of text at the bottom of a Slider advertisement. This branding will let you know that the advertisements are brought to you by Strongvault, LeadImpact, the Search Assistant Software, or other LeadImpact-related product and not by the website you may be viewing when the advertisements are displayed.
8. Uninstallation. You understand and agree that the presence of the LeadImpact Software on your computer is voluntary and that you may remove the LeadImpact Software from your computer at any time. The LeadImpact Software may be uninstalled by uninstalling Strongvault from the "Add or Remove Programs" menu on your computer and clicking the "Remove" button next to the entry for the LeadImpact Software. Specifically, to uninstall the LeadImpact Software, please follow these steps: 1. Go to Start menu; 2. Select Control Panel; 3. Select Add or Remove Programs; 4. Select Strongvault Online Backup; 5. Click Remove. You may be required to restart your computer in order for the uninstallation to take effect. Please note that the above is the only proper way to ensure complete removal of all LeadImpact files - many security applications or other software tools will not completely or properly remove all of the LeadImpact files.
9. Updates. LeadImpact, in its sole discretion, may provide you with Updates to the LeadImpact Software as part of this Agreement. The LeadImpact Software will automatically check with LeadImpact for the existence of any Update that LeadImpact has released, and in the event that one is available, the LeadImpact Software will update itself automatically. Nothing herein shall be construed or interpreted as requiring LeadImpact to provide Updates. LeadImpact will not install any new software or Update that in our reasonable judgment has functionality that is materially different from the functionality of the previously installed LeadImpact Software without your prior consent.
10. Disclaimer of Warranties and Remedies; Indemnity.
10.1. No Warranty; Disclaimer. YOUR USE OF THE LEADIMPACT SOFTWARE IS AT YOUR SOLE RISK. THE LEADIMPACT SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LEADIMPACT, AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. LEADIMPACT, AND ITS LICENSORS AND SUPPLIERS, MAKE NO WARRANTY THAT (i) THE LEADIMPACT SOFTWARE WILL MEET YOUR REQUIREMENTS, (ii) THE LEADIMPACT SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE LEADIMPACT SOFTWARE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE LEADIMPACT SOFTWARE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE LEADIMPACT SOFTWARE WILL BE CORRECTED. ANY OTHER SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED VIA LEADIMPACT SOFTWARE OR THE USE OF THE LEADIMPACT SOFTWARE ARE OBTAINED AND USED AT YOUR OWN DISCRETION AND RISK AND LEADIMPACT EXPRESSLY DISCLAIMS ALL WARRANTIES IN AND TO SUCH OTHER SOFTWARE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE LEADIMPACT SOFTWARE, INCLUDING OTHER SOFTWARE, IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LEADIMPACT OR THROUGH OR FROM THE LEADIMPACT SOFTWARE SHALL CREATE ANY WARRANTY.
10.2. Limitation of Damages. NEITHER LEADIMPACT NOR ANY OF ITS LICENSORS OR SUPPLIERS WILL HAVE ANY, AND YOU RELEASE LEADIMPACT AND ALL OF ITS LICENSORS AND SUPPLIERS FROM ANY, LIABILITY (WHETHER IN CONTRACT, WARRANTY, TORT, NEGLIGENCE OR OTHERWISE) FOR ANY DAMAGES SUSTAINED BY YOU ARISING FROM THE USE OR INABILITY TO USE THE LEADIMPACT SOFTWARE OR THE OTHER SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS OF DATA, SAVINGS, OR PROFITS OR THE COST OF PROCURING SUBSTITUTE GOODS, EVEN IF LEADIMPACT OR ANY OF ITS LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LEADIMPACT'S OR ANY OF ITS LICENSORS' OR SUPPLIERS' ENTIRE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EXCEED ONE HUNDRED UNITED STATES DOLLARS (US $100.00). THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY UNDER THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS SHALL APPLY TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW OR SHALL BE RECONSTRUCTED TO COMPLY WITH THE DISCLAIMER'S INTENT TO THE FULLEST EXTENT PERMITTED BY SUCH JURISDICTION. Any representations made with respect to, and support or assistance offered by LeadImpact in connection with, the LeadImpact Software are offered by LeadImpact only and not by any third party providing open source to LeadImpact.
12. Compatibility. LeadImpact does not warrant that the LeadImpact Software will be compatible with your hardware or other software installed on your computer system. Compatibility issues may cause your computer's performance to suffer. In the event that the LeadImpact Software is not compatible with your hardware or other software installed on your computer system, the LeadImpact Software can be uninstalled. Please refer to Section 8 (above) for detailed uninstall directions. Like all software, the LeadImpact Software utilizes some of your computer's resources to run, including system memory and your Internet connection. Use of the LeadImpact Software on a computer with inadequate system resources will cause such computer's performance to suffer.
13. User Representations and Warranties. You acknowledge, represent and warrant that (a) you own the computer on which you are installing the LeadImpact Software, or have the authority to install the LeadImpact Software on such computer; (b) your installation and/or Use of the LeadImpact Software will not violate any local, state or federal laws that apply to you or to the Use or installation of the LeadImpact Software; and (c) LeadImpact is not causing the LeadImpact Software to be installed on your computer, but has provided the LeadImpact Software to you, which you are installing of your own volition.
14. Indemnification. You agree to defend, indemnify, and hold harmless LeadImpact, its licensors and suppliers, and each of their respective officers, directors and employees, from and against any lawsuits, claims, losses, damages, fines and expenses (including attorneys' fees and costs) arising out of your use of the LeadImpact Software or your breach of this Agreement.
15. Export. You agree that the LeadImpact Software may not be acquired, shipped, transported, exported, or re-exported (a) into (or to a national or resident of) any U.S. embargoed country or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. By using the LeadImpact Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
16. Governing Law. Dispute Resolution. This Agreement will be governed by and construed in accordance with the laws of the State of California, U.S.A., without regard to its choice of law principles to the contrary. Any controversy, dispute or claim arising out of or relating to this Agreement or breach thereof shall be resolved by binding arbitration administered by Judicial Arbitration and Mediation Services, Inc. pursuant to its Comprehensive Arbitration Rules and Procedure (the "Rules"), except as otherwise provided herein. Arbitration shall be the exclusive method of resolving any controversy, dispute or claim arising out of or relating to this Agreement. Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. Any arbitration conducted hereunder shall take place in San Francisco, California. Judgment on any arbitration award may be entered in any court having jurisdiction. The arbitrator's fee and other expenses of the arbitration process shall be shared equally. The parties shall bear their own respective costs and attorneys' fees. California law, to the extent permitted, shall govern all substantive aspects of the dispute and all procedural issues not covered by the Rules. Nothing in this section shall prohibit LeadImpact from seeking injunctive relief before an appropriate court to the extent necessary to protect its rights pending resolution of the dispute in accordance with the foregoing provisions. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the webpage, the Software, the services or this Agreement must be made within one (1) year after such claim or cause of action arose or be forever barred.
17. United States Government End Users. If you are an end user acting on behalf of the United States Government ("U.S. Government"), the LeadImpact Software is provided to you with restricted rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is LeadImpact Corp., 3600 136th Place SE, Bellevue, WA 98006 USA.
18. Miscellaneous. This is the entire agreement between LeadImpact and you relating to the LeadImpact Software, and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the LeadImpact Software. If any part of this Agreement is held by a court to be illegal, invalid or unenforceable, then that provision shall be deemed severable and will not affect the validity of the balance of the Agreement, which will remain valid and enforceable according to its terms. This Agreement may only be modified by a writing signed by an authorized officer of LeadImpact. If you violate any term of this Agreement, LeadImpact may terminate this Agreement without waiving any other rights. This Agreement is assignable by LeadImpact. You may not assign your rights and obligations under this Agreement.
19. Contact Us. If you have any questions about the LeadImpact Software, you should first consult the LeadImpact website: http://www.leadimpact.com. This site includes links to company information, answers to frequently asked questions, and all of LeadImpact's current policies. If you have further questions or concerns, please contact us at http://www.leadimpact.com/about/contactus.aspx or write to LeadImpact Support, 3600 136th Place SE, Bellevue, WA 98006
This Agreement was last revised on September 30, 2013.