Please read the following carefully
1. YOUR USE OF THE SITE CONTENT
(a) The Site contains text, graphics, photos, logos, icons, educational articles and other materials ("Site Content") owned or furnished by SafePatrol. The Site Content is protected under Canadian and other national copyright, trade-mark and intellectual property laws. All Site Content, including the collection, arrangement, and assembly of such content, is the exclusive property of SafePatrol and its licensors. You may not sell, reproduce, distribute, modify, display, prepare derivative works based on, re-post or otherwise use any of the Site Content in any way for any public or commercial purpose without the prior written consent of SafePatrol.
(b) Permission is granted to download and make one printed copy of the Site Content or any part of the Site Content for your own private, non-commercial use only, without alterations, so long as the following copyright notice is included:
"Copyright © 2007 - 2011 SafePatrol Solutions Inc. All rights reserved." You acknowledge and agree that You do not acquire any ownership rights in the Site Content, in whole or in part, by downloading any Site Content from the Site.
(c) The Site Content is provided "AS IS." SAFEPATROL DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THE SITE CONTENT.
SafePatrol make no warranties or conditions regarding the completeness, accuracy or availability of the Site Content.
(e) Nothing contained in the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trade-mark displayed on this Site, except in connection with the rights granted to You in Section 1(b) above. "SafePatrol" and the "SafePatrol" logo are trade-marks of SafePatrol. "Microsoft" and "Windows" are registered trademarks of Microsoft Corporation in the U.S., Canada and other countries. Other company names and product names described in SafePatrol's web pages are trademarks or registered trademarks of their respective holders.
2. YOUR USE OF THE SITE CONTENT
For greater clarity, You also expressly understand, acknowledge and agree that:
(a) Other than the Site Content, certain additional content on this Site, including, but not limited to, text, graphics, photos, logos, icons, educational articles and other materials (collectively, "Third Party Content") is owned or provided by persons other than SafePatrol (collectively, "Third Party Providers"). You understand that You have no proprietary rights in the Third Party Content and that the Third Party Providers retain all proprietary right, title or interest, including copyright, in their respective Third Party Content.
(b) You may not sell, reproduce, distribute, modify, display prepare derivative works based on, re-post or otherwise use any of the Third Party Content in any way for any public or commercial purpose without the prior written consent of the Third Party Providers. You will use your best efforts to stop any such copying or distribution immediately after You become aware of such use.
(f) The rights and limitations in this Section 2 are for the benefit of each Third Party Provider, each of which will have the right to enforce its rights under this section directly and on its own behalf.
3. USE OF THE SOFTWARE
(a)The Site contains certain software that You may access in connection with your use of the Site and the Services, including any applications ("Applications") that You may download from the Site (collectively, the "Software"). You acknowledge and agree that the Software contains proprietary and confidential information that is protected by applicable Canadian and other national intellectual property and other laws. Except as expressly authorized by SafePatrol or its advertisers, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Software, in whole or in part, and You agree that any proceeds arising from the creation of any unauthorized derivative works created by You from the Services or the Software will belong to SafePatrol.
(b) SafePatrol grants You a personal, non-transferable and non-exclusive right and license to use the object code of its Software, provided that You do not (and do not allow any third party) to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software or use it for any public or commercial purpose. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including, without limitation, for the purpose of obtaining unauthorized access to the Services.
(c) You understand and agree that should You choose to download any of the Software, including any Applications made available to You through the Site, that such Software is provided to You "AS-IS" and will be used by You entirely at your own risk. SafePatrol expressly disclaims any representation, warranty or condition, express or implied, as to reliability or performance of the Software, including but not limited to any warranty or condition of merchantable quality or fitness for a particular purpose. SafePatrol does not guarantee that the Software will be provided error-free.
4. OBTAINMENT AND USE OF THE REPORTS
(a) If You purchased SafePatrol Services from SafePatrol, You may use the Site to access certain reports ("Reports") produced by SafePatrol periodically that describe the current status of your existing computer or send remote requests to your computer. While SafePatrol will use reasonable efforts to assist You in tracking and locating your computer or remotely enabling webcamera, microphone or recovering from and deleting files on your computer , You acknowledge and agree that the provision of security services, particularly remotely controling computers, is a complex and risky undertaking.
(b) Accordingly, You acknowledge and agree that the Reports are provided to You on an "AS IS, AS AVAILABLE" basis and SafePatrol expressly disclaims any representation, warranty or condition, express or implied, as to the accuracy, completeness, and reliability of any Report or remote request, including but not limited to any warranty or condition of merchantable quality or fitness for a particular purpose. For greater clarity, SafePatrol expressly makes no representation, covenant or warranty that the Services will track and locate your computer or remotely recover, delete, or enable hardware or software, or that the Report will describe all such attempts. Additionally, You further acknowledge and agree that You cannot expect that the diagnosis, advice or information contained in the Reports will be completely accurate, timely, complete or error-free and SafePatrol will be held harmless and blameless and free of any and all liabilities that may occur as a result of any use or application of the information or advice provided by SafePatrol in connection with its provision of such Services, including any advice generated in a Report or action by a remote request.
5. CONDUCT AND PROHIBITIONS ON USE OF THE SERVICES/SITE
(a) You acknowledge and agree that the Site Content and the Third Party Content (collectively, the "Content") is obtained from a variety of sources and as such, SafePatrol does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Services, You may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will SafePatrol be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content downloaded, e-mailed or otherwise transmitted to You via the Services.
(b) SafePatrol expects that You will access the Site and use the Services in a professional, competent, responsible and business-like manner in accordance with applicable Canadian laws. Accordingly, You additionally represent and warrant that You will not use the Site or the Services to:
1. download, post, e-mail or otherwise transmit any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, pornographic, invasive of another's privacy, hateful, or is racially, ethnically or otherwise objectionable or advocates or solicits criminal behavior;
2. harm minors in any way;
3. download, post, e-mail or otherwise transmit any material that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements;
4. download, post, e-mail or otherwise transmit any material that infringes, misappropriates, or otherwise violates any third party.s copyright, patent, trade-mark, or other proprietary right of publicity or privacy, or encourages or enables any other party to do so;
5. use the Site to post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
6. upload, post, e-mail or otherwise transmit any material to the Site that contains software viruses, Trojans, back doors, macros or any other computer code, files or programs designed to interrupt, destroy, alter, or limit the functionality of any SafePatrol or third party computer hardware, software, networks, or hardware or telecommunications equipment;
7. interfere with or disrupt the Site or the Services or servers or networks connected to the Services, including attempting to interfere with the access of any other user, host or network, including without limitation, initiating, propagating, participating, directing or attempting any "denial of service" attacks, "hack", "spamming", "crashing", or "mail-bombing" the Site or the Services or disobeying any requirements, procedures, policies or regulations of SafePatrol or of networks connected to the Services;
8. direct bots, spiders, crawlers or any other automated process at SafePatrol's computer systems, networks, hardware or telecommunications equipment, whether through the use of the Services or the Site or otherwise create unreasonable load upon any of SafePatrol's computer hardware, network, storage, telecommunications, input/output or electronic control devices;
9. use the Site or the Services for any public or commercial purposes, without the express prior written permission of SafePatrol;
10. intentionally or unintentionally violate any applicable local, provincial, national or international law, rule or regulation applicable in connection with the Site or Services;
11. modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site, the Software or the Services; or
12. collect or store personal data about other users.
(c) Any breach of the above representations, covenants and warranties will result in immediate termination of your use of the Site and the Services, and, if deemed appropriate by SafePatrol in its sole discretion, referral to relevant law enforcement authorities.
(a) SafePatrol collects "aggregate information" such as Site traffic, page views or impressions. Such aggregate information is not correlated to You or any other user of the Site. SafePatrol also collects information from users who apply to obtain additional information about the SafePatrol Services and from users who use the Site to send e-mail to SafePatrol personnel. We do not sell, trade, rent or otherwise disclose any personally identifying information to any third party. We may provide non-specific, non-identifiable, statistical aggregate information regarding Our customers, Site traffic, and related Site information to third parties but in no event will SafePatrol disclose any personally identifying information.
7. YOUR REGISTRATION OBLIGATIONS
(a) In connection with your use of certain Services on the Site, You may be asked to become a registered user of the Site. If so, You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times during your use of the Site. You also agree that You will not impersonate or in any way misrepresent your authority to act on behalf of any person, company, or other entity. If You provide any information that is untrue, inaccurate, not current or incomplete, or if SafePatrol has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SafePatrol has the right to suspend or terminate your account and to refuse You any and all current or future use of the registered Services (or any portion thereof). You must be at least eighteen years old to use the registered Services. Your use of the registered Services is a representation to SafePatrol that You are at least eighteen years of age. You agree to co-operate with SafePatrol's reasonable measures to verify your identity and authority in connection with your use of the registered Services.
(b) During the registration process, You will choose a username and password. You are solely responsible for maintaining the confidentiality of the password and username and You will maintain your account at all times in a secure way as You are fully responsible for all activities that occur under your password or account. You authorize SafePatrol to assume that any person using the Site with your username and password is either You or is authorized to act for You. You will not allow others to use your account after you log in, whether intentionally or otherwise. You will not access another user's account, nor disrupt, interfere, or limit the functioning of the Services, or other's use of the Services. You agree to immediately notify SafePatrol of any unauthorized use of your password or account or any other breach of security, via e-mails at safe @ SafePatrolSolutions.com if at any time your password or username is, or You believe it has been, lost, stolen, disclosed, or otherwise compromised. SafePatrol cannot and will not be liable for any loss or damage arising from your failure to comply with these provisions.
8. MODIFICATIONS TO THE SERVICES
SafePatrol reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that SafePatrol will not be liable to You or to any third party for any modification, suspension or discontinuance of the Services.
9. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with advertisers found on the Site or through the Services, including the delivery and payment for goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser or third party. You agree that SafePatrol will not be responsible or liable to You for any loss or damage of any sort incurred as the result of your dealings or as the result of the presence of such advertisers on the Site or made available to You through the Services.
The Site contains links to other World Wide Web sites or resources. These links are provided solely as a convenience to You, and do not imply endorsement by SafePatrol of or any affiliation with or endorsement by the owner of the linked site. As SafePatrol has no control over such sites and resources, You acknowledge and agree that SafePatrol is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that SafePatrol will not be responsible or liable, directly or indirectly, for any damage or loss caused to You or alleged to be caused to You by or in connection with your use of or reliance on any such content, goods or services available on or through any such linked site or resource.
11. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND YOU EXPRESSLY AGREE THAT:
(a) EVERYTHING ON THE SITE, INCLUDING THE SERVICES, THE CONTENT, THE REPORTS AND THE SOFTWARE, IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT.
(b) FOR GREATER CLARITY, SAFEPATROL MAKES NO REPRESENTATIONS, WARRANTIES AND CONDITIONS THAT (I) THE SERVICES AND THE REPORTS WILL FIND EVERY VULNERABILITY IN YOUR SERVERS OR NETWORKS OR WILL MEET YOUR REQUIREMENTS; (II) ANY ADVICE OR SOLUTIONS RECOMMENDED BY SAFEPATROL, WHETHER BY MEANS OF A REPORT MADE AVAILABLE TO YOU THROUGH THE SITE OR OTHERWISE, WILL BE COMPLETE, ACCURATE, TIMELY, OR ERROR-FREE; (III) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (IV) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR ANY REPORT WILL BE ACCURATE OR RELIABLE; (V) THE QUALITY OF ANY CONTENT OBTAINED BY YOU THROUGH THE SITE OR THE SERVICES WILL MEET YOUR EXPECTATIONS; (VI) YOUR USE OF THE SERVICES WILL NOT VIOLATE COPYRIGHT LAWS IN OTHER JURISDICTIONS OR THE RIGHTS OF THIRD PARTIES; AND (VI) USE OF THE SOFTWARE WILL BE ERROR-FREE.
(c) ANY SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH SOFTWARE.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SAFEPATROL OR THROUGH THE SITE OR FROM THE SERVICES WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY MADE HEREIN.
12. LIMITATION OF LIABILITY
(a) YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL SAFEPATROL, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, THIRD PARTY PROVIDERS OR ADVISORS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SAFEPATROL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES UNDER CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES, THE SOFTWARE, THE SITE, THE REPORTS OR ANY CONTENT; (II) ANY THIRD PARTY CLAIMS THAT THE USE BY YOU OF THE SERVICES, THE SITE, THE SOFTWARE, THE REPORTS OR THE CONTENT VIOLATES ANY INTELLECTUAL PROPERTY RIGHT; OR (III) ANY OTHER MATTERS RELATING TO THE SERVICES, THE SITE, THE SOFTWARE, THE REPORTS OR THE CONTENT.
15. APPLICABLE LAW
17. ENTIRE AGREEMENT
18. NO AGENCY; THIRD-PARTY BENEFICIARY
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
SafePatrol does not guarantee complete and/or successful deletion/recovering of some or all files on a computer where Services are installed and used.
SafePatrol is not responsible if you louse any or all data on a computer where Services are installed or used. This is your own responsibility for safeguarding your data, e.g. periodically making a copy of your data.
22. NO WAIVER
23. REFUNDS AND CANCELLATIONS
By using our website to purchase Services you are giving us permission to collect, use and disclose your information. We don't receive and hold your credit card details. Instead we use PayPal to receive and process your credit card payments. PayPal hosts and manages the payment page, which is secured by them. Your credit card details are stored by PayPal and only transmitted to the appropriate credit card agency for processing.
Under the Personal Information Protection and Electronic Documents Act, you have the right to ask to see the information we hold about you. If you notice that any of your details are incorrect just ask us to correct them for you.
Subscription Terms and Cancellations
If you are an on-going subscription customer (Pay as you go license) then you agree to use Services on an on-going and regular basis as chosen by you on your initial purchase order. With this, you authorize us to charge the product cost to your Credit Card before the end of each month. On-going subscription orders will be charged on the anniversary date of your initial order.
Subscription may be cancelled at any time through our 'Support' form at least one month in advance of the next expiry date. You must include your product's serial number in the request for cancellation.
Confirmation of subscription cancellations will be emailed to you using the email address you provided us.
If you fail to pay for Services, it will be automatically downgraded to trial version that will expire accordingly to the trial version terms and conditions.
Price and Payment
All prices charged to your Credit Card for Services are those as stated on our website at the time of the initial purchase order. All prices quoted are in US dollars and include GST.
You agree to pay us for the purchase of Services by authorizing us to charge your Credit Card for the full price of the products on the date on which you made the payment.
Prices may be adjusted from time to time and we will notify you of these adjustments one month in advance of the date the adjustments are to take effect.
Site Content and Information
The information provided on the www.Notebak.com website by SafePatrol Solutions Inc ("SafePatrol Solutions") - the owner of the website - is subject to change without notice. While every effort has been made to ensure accuracy, we will not be liable for any inaccuracies in the information contained herein.
All caution is taken in ensuring information on our website is correct when submitted and presented in good faith. We offer no warranty of accuracy or detail of information.
We will do everything in our power to resolve any issues you have through using our numerous support methods. We work hard to insure absolute customer satisfaction with our products and services.
REFUNDS FOR SOFTWARE PURCHASES ARE NOT AVAILABLE. All sales are final.
SafePatrol Solutions provides a trial version of our software to allow you to test our products prior to purchase. We urge that you take advantage of this if you are in any way unsure about committing to a product.
The trial version is a sample of our product. It showcases some of the basic features that are available in the more advanced versions, but does not include all the key elements they do. Trial version expires according to the description of the Service. Check this website for different expiration dates for our other Services.
This agreement is governed by the laws of Canada, province of Ontario and the parties submit to the non-exclusive jurisdiction of the Canada courts in respect of all matters relating to this agreement.
Copyright © 2007 - 2011 SafePatrol Solutions Inc. All rights reserved.