1. User's Acknowledgment and Acceptance of Terms.
2. Definitions. The following terms shall have the following meanings for purposes of this Agreement. Capitalized terms not defined in this Section are defined elsewhere in the Agreement.
"Affiliates" means HD's owners, officers, directors, suppliers, partners, sponsors, and agents and representatives, and includes (without limitation) all parties involved in creating, producing, and/or delivering the Sites.
"Applications" means a software program or application that may be downloaded or accessible via the Sites but which is offered for installation on a User's computer or device.
"Services" means (i) any specific service or offering that may be provided by HD via one of the Sites, which may include Premium Features (as defined below), (ii) any support services and related technologies that may be provided by HD in its sole discretion for maintaining and monitoring your use of such Services, and (iii) any other services or offerings that HD may provide from time to time via the Sites. For example, and without limiting the foregoing, services and Applications provided by or related to HD's ransomoff.com Site shall be considered "Services" hereunder.
"Site Content," means any content, material, information, media, article, post, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by Users on or through the Sites and related websites but excludes User Data.
"User" or "You" or "Your" (and similar terms) means any person or entity that visits, views, uses or accesses any portion of the Sites.
"User Data" means the data and information that a User may import, upload or otherwise provide to the Service in connection with a User's use of the Service.
3.3 Premium and Paid Features. HD may restrict portions of the Sites or features and functionality within the Sites or certain Services (collectively "Premium Features") and require payment to access and use such Premium Features. If you desire to use such Premium Features, you agree to pay the rates or fees set forth on the Sites which will be presented to you prior to collecting your payment information. Any terms applicable to individual Sites or Services that require a subscription or payment will be more fully set forth on the applicable Sites and will, among other things, set forth the subscription or access price, the billing terms and any other terms applicable to the Premium Features.
3.4 Payment and Authorization. A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number. Services are billed in advance in accordance with our pricing schedule which can be found on the Sites. There will be no refunds or credits for partial months of Services. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) income taxes. You agree to pay for any taxes that might be applicable to your use of Services or payments made by you in connection with your use of the Services. You agree to be billed monthly or annually and grant us the right to charge your credit card (or otherwise facilitate payment) with the payment information you have provided us, including on a monthly recurring basis. You will reimburse us for any fees that we may be charged related to declined payments.
3.6 Equipment and Requirements. User acknowledges that certain portions or features of the Sites may not be fully accessible or functional without: (i) a working Internet connection; (ii) a user account and/or an access/activation code or payment for Premium Features; and (iii) other system elements or specifications that may be specified by Company from time to time. It is User's responsibility to ensure that User has all required system elements. HD may use third party providers to store, manage, and authenticate accounts and content, and to provide the necessary hardware, software, networking, storage, and related technology required to run the Services. We are not responsible for possible issues caused by third party faults or discontinued services. HD does not guarantee or warrant that any content that you save, store or access through the service will not be subject to inadvertent damage, corruption, or loss. You are encouraged to backup the files that you store or access on the Sites. While we take data security and privacy seriously, you understand and agreed that the technical processing and transmission of the Services, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
4. Electronic Contracting and User Notices.
5. User Requirements.
5.1 Accuracy; Security. User agrees to: (i) provide true, accurate, current and complete information about User and User's property as prompted by HD's forms and in any other related document or agreement; (ii) to maintain and update User's information to keep it true, accurate, current, and complete. User acknowledges that, if any information provided by User is untrue, inaccurate, not current, or incomplete, HD reserves the right to terminate User's use of the Sites and withdraw any offer or agreement. You agree to keep your account information, including your login and password, secure and not to share it with any third party. You are solely responsible for the maintaining the security of your account.
5.2 Restrictions. While using Sites, you agree that you will not: (i) violate any laws, third party rights or our policies; (ii) use our Sites or submit any of our forms if you are not able to form legally binding contracts or are temporarily or indefinitely suspended from using our Sites; (iii) manipulate our Sites, services, email responses or interfere with any other users use of the Sites; (iv) provide false, inaccurate, misleading, defamatory, or libelous information or content; (v) spoof or create any emails, content, correspondence or other information from us, including fake or fraudulent acceptances or offers; (vi) create any competitive service or feature (or otherwise establish a competitive business) based on, in whole or in part, any content on the Sites or any of our business ideas, (vii) distribute viruses or any other technologies that may harm Company, or the interests or property of Company users; (viii) copy, modify, or distribute rights or content from the Sites or commercialize any of our applications or any information or software associated with such applications; (ix) harvest or otherwise collect information about users, including email addresses, without their consent; (x) use the Sites to gain unauthorized access to HD's network(s) or server(s); (xi) interfere with any User's use and enjoyment of the Sites or other similar Services; (xii) violate the intellectual property rights, including but not limited to, copyrights, trademark rights, trade secrets or patents of any person or entity. This description of prohibited conduct is not intended to be exhaustive, and HD has sole discretion to determine what constitutes prohibited conduct for Users. Users who violate system or network security may incur criminal or civil liability.
5.5 Telemetry and Remote Collection. User acknowledges and agrees that the Sites and/or certain Premium Features that may be available on the Sites or via Services may transmit to HD (and HD may collect and use) certain data and information related to the Sites or Services, including as related to its operation and use.
5.6 Remote Disablement. In the event that User does not pay the fees for the Premium Features when due or User is otherwise in material breach of the terms of this Agreement, Customer acknowledges and agrees that HD may remotely disable or terminate use of the Sites or Services and/or Premium Features.
6. Data and Privacy.
8. Third Party Sites and Information.
The Sites may link Users to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under HD's control, and User acknowledges that HD is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor is HD responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the Sites, HD or HD's Affiliates, or any warranty of any kind, either express or implied.
9. Intellectual Property Information.
9.2 Feedback. By submitting feedback and suggestions, you agree to grant and hereby do grant a non-exclusive, perpetual, irrevocable, and royalty-free license to any intellectual property rights you may have in your feedback and suggestions to HD to use to improve HD products or services. You acknowledge that submission of feedback and suggestions is voluntarily and HD may consider or is developing technology that is the same or similar to your feedback or suggestions.
10. User Submitted Information.
10.1 User Data. Company agrees that the User Data is owned by User and is protected by U.S. and international intellectual property laws, and that User shall solely own and retain all right, title and interest to, including all intellectual property rights in, the User Data. User is solely responsible for the accuracy, quality, integrity, legality, reliability, appropriateness, and copyright of all User Data, and Company assumes no responsibility for the deletion, correction, destruction, loss, infringement or failure of the Services to store any User Data. Company shall not be required to maintain a backup or copy of any User Data and Company shall have no liability for any loss of User Data, whether caused by Company, User, any third party service provider or any third party. User shall comply with local, national and international laws and regulations applicable to the transmission or storage of data through the Services. User is solely responsible for ensuring that it has all rights necessary to provide the User Data to Company and the Services. User acknowledges and agrees that no transmission or hosting of data is 100% secure and there remains a possibility that User Data may be subject to unauthorized access by hacking, malware, systems breach or other unauthorized method and User shall have no liability relating to any such breach or access.
11. Disclaimer of Warranties.
THE SITES AND ALL SITE CONTENT ON, AND SERVICES PROVIDED THROUGH, THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, HD MAKES NO WARRANTY THAT (A) THE SITES, SITE CONTENT AND SERVICES WILL MEET USER'S REQUIREMENTS, (B) THE SITES, SITE CONTENT AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES, SERVICES OR RESULTS OF THE SERVICE WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY USER FROM THE SITE FROM HD OR HD'S AFFILIATES WILL MEET USER'S EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THE SITES AND RESULTS OF THE SERVICE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. THE USE OF THE SITES, SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SITES ARE DONE AT USER'S OWN DISCRETION AND RISK AND WITH USER'S AGREEMENT THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM(S) OR NETWORK(S) OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.
12. Limitation of Liability.
IN NO EVENT SHALL HD BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT HD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, THE SERVICE, OR ANY SITE CONTENT, OR WEB SITE REFERENCED OR LINKED TO FROM THE SITES. FURTHER, HD SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THE SITES OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THE SITES, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS. HD AND ITS AFFILIATES MAXIMUM LIABILITY UNDER THIS AGREEMENT AND FOR ANY CLAIMS RELATED TO A USER'S USE OR ACCESS TO THE SITES SHALL BE $1000. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.
14. International Use.
Although the Sites may be accessible worldwide, HD makes no representation that (i) use of, or materials on, the Sites are appropriate or available for use in locations outside the United States, and (ii) use of the Sites or materials on the Sites are compliant with foreign law. Users who choose to access the Sites from other locations do so on User's own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Sites or with the Service is void where prohibited.
16. Law; Venue.
17. Entire Agreement.
18.2 Force Majeure. In addition to any excuse provided by applicable law or under this Agreement, HD shall be excused from liability for non-delivery or delay in delivery of products and services available through the Sites arising from any event beyond HD's reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond HD's reasonable control, whether or not similar to those which are enumerated above.