In the course of using this Site, you may provide us with personally identifiable information. This refers to information about you that can be used to contact or identify you, and information on your use of and activities at our Site that may be connected with you (“Personal Information”). Personal Information that we collect may include, but is not limited to, your name, phone number, credit card or other billing information, email address and home and business postal addresses. Personal Information may also include information you supply to us concerning your preferences and interests expressed in the course of use of our Site.
When you visit the Site, our servers automatically record information that your browser sends whenever you visit a website. This information may include, but is not limited to, your computer’s Internet Protocol address, browser type, the web page you were visiting before you came to our Site and information you search for on our Site. Like many websites, we may also use “cookies” to collect information. A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes. We may use “persistent cookies” to save your registration ID and login password for future logins to the Site; and we use “session ID cookies” to enable certain features of the Site, to better understand how you interact with the Site and to monitor aggregate usage and web traffic routing on the Site. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions of the Site or all functionality of our services.
Service Providers, Business Partners and Others. We may employ third party companies and individuals to facilitate our service, to provide the service on our behalf, to perform Site-related services (including but not limited to data storage, maintenance services, database management, web analytics, payment processing, and improvement of the Site’s features) or to assist us in analyzing how our Site and service are used. These third parties have access to your Personal Information only for purposes of performing these tasks on our behalf.
Compliance with Laws and Law Enforcement. HoloNet Security cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of HoloNet Security or a third party, to protect the safety of the public or any person, or to prevent or stop any activity we may consider to be, or to pose a risk of being, illegal, unethical, inappropriate or legally actionable.
Business Transfers. HoloNet Security may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
HoloNet Security is very concerned with safeguarding your information. We employ reasonable measures designed to protect your information from unauthorized access.
These Terms of Service govern your access to and use of HoloNet Security's website (the “Site”), any information, text, graphics, or other materials created and/or provided by HoloNet Security and appearing on the Site (the “Content”), and any services and/or software provided through the Site or by HoloNet Security (the “Software Services Product”). These Terms of Service limit HoloNet Security's liability and obligations to you, grant Jaega certain rights and allow HoloNet Security to change, suspend or terminate your access to and use of the Site, Content, and Services. Your access to and use of the Site, Content, Software Services Product and/or Services are expressly conditioned on your compliance with these Terms of Service. By accessing or using the Site, Content, Software Services Product and/or Services you agree to be bound by these Terms of Service.
YOU UNDERSTAND THAT BY CLICKING THE “I AGREE” BUTTON IN THE SOFTWARE SERVICES PRODUCT, BY USING THE SITE, CONTENT, AND/OR SERVICES OR YOUR ACCOUNT YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SOFTWARE SERVICES PRODUCT. IF YOU AGREE TO THESE TERMS OF SERVICE ON BEHALF OF A BUSINESS, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT BUSINESS TO THESE TERMS OF SERVICE AND YOUR AGREEMENT TO THESE TERMS WILL BE TREATED AS THE AGREEMENT OF THE BUSINESS. IN THAT EVENT, “YOU ” AND “YOUR” WILL REFER AND APPLY TO THAT BUSINESS.
Currently, HoloNet Security offers an annual enterprise subscription license for the recurring use of the HoloNet Security Product. The software license grant auto renewals unless you notify in advance of the anniversary date of your election not to renew.
HoloNet Security grants you a limited, nonexclusive, nontransferable, revocable license to use HoloNet Security's Product subject to the restrictions set forth here and in the End User License Agreement or "EULA".
All software products that you purchased come with a HoloNet Security 30-Day Money-Back Guarantee. HoloNet Security, Inc. will refund your purchase price subject to policy guidelines and warranty and end user license agreement provisions.
To return the product for a refund, provide a copy of your original electronic sales receipt or credit card statement within 30 days of purchase date. Provide complete contact information, including your street address, city, state, ZIP or postal code, telephone number, and e-mail address (if applicable). Uninstall the software product from your computer and any storage devices and delete any backup copies. Explain briefly why you want to return the product for a refund. Send the product on a USB key and all related materials via traceable means to HoloNet Security, Inc., 1296 Kifer Road, Suite 710 Sunnyvale, CA, USA. For tracking and security reasons, all returns must be sent by Federal Express, UPS, Airborne, DHL, or certified and insured U.S. Mail.
All feedback, comments, and suggestions for improvements (the “Feedback”) that you provide to HoloNet Security, in any form, and any contributions you make to the Site by posting content and communicating with other HoloNet Security users via posts to forums on the site (“User Posts”) will be the sole and exclusive property of HoloNet Security. You hereby irrevocably transfer and assign to HoloNet Security and agree to irrevocably assign and transfer to HoloNet Security all of your right, title, and interest in and to all of your Feedback and User Posts, including all worldwide patent rights (including patent applications and disclosures), copyright rights, trade secret rights, and other intellectual property rights (collectively, the “Intellectual Property Rights”) therein. At HoloNet Security's request and expense, you will execute documents and take such further acts as Jaega Software may reasonably request to assist HoloNet Security in acquiring, perfecting and maintaining its Intellectual Property Rights and other legal protections for your Feedback and User Posts.
THE HOLONET SECURITY PRODUCT IS PROVIDED “AS IS”, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, HOLONET SECURITY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. YOU ACKNOWLEDGE THAT USE OF THE SOFTWARE MAY RESULT IN UNEXPECTED RESULTS, LOSS OR CORRUPTION OF DATA OR COMMUNICATIONS, PROJECT DELAYS, OTHER UNPREDICTABLE DAMAGE OR LOSS, OR EXPOSURE OF YOUR DATA OR YOUR FILES TO UNINTENDED THIRD PARTIES.
HOLONET SECURITY MAKES NO WARRANTY THAT THE HOLONET SECURITY PRODUCT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. HOLONET SECURITY MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH HOLONET SECURITY, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, CONTENT, SOFTWARE OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM HOLONET SECURITY OR THROUGH THE SITE, CONTENT, SOFTWARE OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
You agree to defend, indemnify, and hold HoloNet Security, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable attorneys' fees and costs, arising out of or in any way connected with: (i) your access to or use of the Software and Services; (ii) your violation of this Agreement; (iii) your violation of any third party right, including without limitation any intellectual property right, including but not limited to right of attribution, publicity, confidentiality, property or privacy right; or (iv) any claim that caused damage to a third party.
IN NO EVENT WILL HOLONET SECURITY BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FROM YOUR USE OF THE HOLONET SECURITY PRODUCT, OR FOR ANY ERROR OR DEFECT IN THE SITE, CONTENT, FILES OR SERVICES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT HOLONET SECURITY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT HOLONET SECURITY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, HOLONET SECURITY WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICES AND/OR THE FILES, OR IF YOUR DATA IS LOST, CORRUPTED OR EXPOSED TO UNINTENDED THIRD PARTIES.
SUBSCRIPTION ACCOUNT HOLDERS: YOU AGREE THAT THE AGGREGATE LIABILITY OF HOLONET SECURITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE HOLONET SECURITY PRODUCT AND/OR SERVICES IS LIMITED TO TWENTY ($25) U.S. DOLLARS. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HOLONET SECURITY AND YOU.
In the event that any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions of these Terms of Service will remain in full force and effect.
The failure of HoloNet Security to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision.
These Terms of Service and any action related thereto will be governed by the laws of the State of Delaware and the United States Government without regard to its conflict of law provisions.