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EVault, Inc. Legal Terms of Use and Privacy PolicyPLEASE READ CAREFULLY. These terms and conditions ("Terms") govern your access to and use of this Web site ("Site"), which is owned and operated by EVault, Inc. ("EVault", "we", "us", "our"). Please return to this Site and review these Terms from time to time, as they may be amended without notice. Any changes to these Terms will be effective immediately upon the posting of the revised Terms on this Site. Some products and services accessible through this Site are subject to additional terms and conditions. To the extent that any provision of those additional terms and conditions conflicts with these Terms, those additional terms and conditions shall prevail. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THIS SITE. YOUR USE OF THIS SITE INDICATES YOUR ACCEPTANCE OF THESE TERMS. GENERAL. EVault does not warrant that the contents of this Site are error-free. Information on this Site may contain technical inaccuracies and/or typographical or other types of errors and may be changed or updated at any time without notice. EVault may also make improvements and/or changes in the products and/or programs described on this Site at any time without notice. EVault will use reasonable efforts to place accurate and up-to-date information on this Site but makes no warranty of its accuracy, completeness and/or timeliness. You acknowledge that your use of any information available through this Site is at your own risk. WARRANTY DISCLAIMER. THIS SITE AND ALL CONTENT AND MATERIALS ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, EVAULT DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. EVAULT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THIS SITE OR THE CONTENT OR MATERIALS ON THIS SITE OR ANY WEB SITES LINKED TO THIS SITE, INCLUDING, WITHOUT LIMITATION, THAT (I) USE OF THIS SITE OR ANY CONTENT OR MATERIALS ON OR FROM THIS SITE (INCLUDING ANY SOFTWARE, PRODUCT OR SERVICE) WILL BE UNINTERRUPTED, (II) THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, (III) ANY ERRORS ON THIS SITE WILL BE CORRECTED, OR (IV) THE SERVERS ON WHICH THIS SITE, CONTENT AND MATERIALS ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Some jurisdictions do not allow a disclaimer of some or any implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties, to the extent prohibited. CODE OF CONDUCT. You agree that you will only use this Site (including features thereof and products or services offered thereon) for their intended purpose. You agree to limit such uses to your personal, non-commercial use. You further agree not to: (i) use this Site, any content or other materials on this Site, or any products or services included on or available through this Site for any unlawful purpose; (ii) restrict or inhibit any other user from using and enjoying this Site, including by means of disrupting the normal flow of dialogue, causing a screen to "scroll" faster than other users of this Site are able to type, hacking or defacing any portion of this Site, introducing any virus, worm, Trojan Horse, Easter Egg, time bomb, spyware, or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or otherwise acting in a manner that negatively affects other users' ability to engage in real time exchanges; (iii) impersonate any other person or entity, or misrepresent your affiliation with any other person or entity; or (iv) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of this Site or any content or other materials on this Site. EVault has the right to terminate your use of this Site, or any portion of this Site, with or without notice, in its sole discretion, for any reason or no reason at all, including, but not limited to, if EVault determines (in its sole discretion) that your use of or conduct on or related to this Site (i) violates these Terms or any additional terms and conditions, (ii) is harmful to EVault, its customers or vendors, another user or any other party, or (iii) violates applicable law. LIMITATION OF LIABILITY. IN NO EVENT WILL EVAULT, OR ITS SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, SPONSORS OR ADVERTISERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR ANY USE OF THIS SITE, OR ON ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, LOST REVENUE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE. COPYRIGHT AND TRADEMARK. All materials on this Site, including, without limitation, all copyrights, trademarks, artwork, images and other elements (collectively, the "Content"), are protected by copyrights and other intellectual property rights owned and controlled by us or by other parties that have licensed or otherwise provided their material to us. Except as stated in these Terms, none of the Content on this Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted, framed or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of EVault or the copyright owner. You also may not, without EVault's permission, "mirror" any Content contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. DOWNLOADING. You may only download those materials from this Site that are expressly designated to be downloaded by users. Where a fee is required to download any materials, you may not download such materials without paying such fee. You agree not to use technical or other means to circumvent these Terms or any content protection technology used on this Site. Any unauthorized use, transmission, distribution, reproduction, reverse engineering, modification of any downloaded materials, or use thereof for an illegal purpose, is expressly prohibited. SUBMISSION OF INFORMATION OR MATERIALS. You may be required to provide us with information about yourself in order to enjoy certain features of this Site. If you choose to provide us with such information, you agree: (i) to provide true, accurate, current and complete information about yourself (and your company, if applicable) as prompted by this Site, and (ii) to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, we have the right to terminate your account and refuse any and all current or future use of this Site. EVault does not accept unsolicited ideas for new products, packaging, marketing, advertising, research, business operations and the like. Should you ignore this policy and submit an idea to EVault, you agree that the idea becomes and remains the sole and exclusive property of EVault without further liability or compensation to you. Except for the details of your registration and product orders, you agree that any information or materials that you submit to EVault via this Site or any email links provided on this Site will not be considered confidential or proprietary. All such materials shall be deemed the property of EVault, and your submission of information shall constitute an assignment to EVault of all worldwide rights, titles, and interests in such information. EVault will not be liable for any use or disclosure of such information. EVault will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose, distribute, publicly perform and transmit such information to others without limitation or compensation. EVault will be free to use any ideas, concept, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products which incorporate or otherwise rely upon such information. PASSWORD AND USER NAME. Access to some Content and other materials offered on this Site is password controlled and is accessible to registered users only. You certify that all information provided in the registration process is accurate and correct. If you are registering or making a purchase or conducting other transactions on behalf of your company, you represent and certify that you are an authorized representative of your company with the right to bind your company to these Terms (and any additional terms necessary for access to password-controlled content). You are solely responsible for maintaining the confidentiality of your account information, including, without limitation, your user name and password. You are solely responsible for any and all activities that occur under your user name and password. You agree to notify EVault immediately of any unauthorized use of your user name, password or account or any other breach of security. EVault will not be liable for any loss that you may incur as a result of someone else using your user name, password or account, either with or without your knowledge. However, you could be held liable for losses incurred by EVault as a result of the misuse of your user name, password or account. LINKS TO THIRD PARTY SITES. There are links on this Site that will permit you to travel to other, third-party sites over which EVault has no control. These links are provided for your convenience only and your use of them is at your own risk. EVault makes no representations whatsoever about the content of any of these other web sites, or about any of the links contained in the web sites that you may access through this Site. EVault does not endorse or accept any responsibility for the content, or use, of any such linked web sites. PRIVACY EVault appreciates the value of information and respects your right to privacy. Your Information and How We Use It. This Site collects two types of information: (1) information that personally identifies you that you provide directly when you use various EVault services or participate in various EVault programs (such as your name and e-mail address); and (2) information that does not personally identify you that may be gathered by means such as analyzing page views and user navigation patterns (such as the number of users who log onto this Site on a daily basis). Personally Identifiable Information. As a general policy, no personally identifiable information is automatically collected from your visit to this Site. However, in certain circumstances, you may be asked to provide us with some specific information about yourself in order to use certain features on this Site or to take advantage of certain opportunities that we may offer through this Site. For example:
Please note that any information you submit on this Site will be used (i) to authenticate your identity for access to our services and accessing shared files (if applicable), (ii) to carry out your requests and respond to your inquiries, (iii) in accordance with the terms set forth herein, and (iv) as otherwise disclosed at the point where such information is collected or in any additional terms and conditions applicable to the particular feature of this Site. Please also note that in order to carry out your requests, to make various features, services and materials available to you through this Site, and to respond to your inquiries, we may share your personally identifiable information with third parties that perform functions on our behalf (or on behalf of our partners), such as companies or individuals that analyze data, provide customer service, participate in or administer our promotions or provide marketing or promotional assistance (but such information will be shared only to the extent they need such information to perform their functions). Your personally identifiable information may also be used by us or shared with our subsidiaries, affiliates, sponsors, partners, advertisers or other third parties to provide you with product information and promotional and other offers. You may always direct us not to share your personally identifiable information with third parties, not to use your personally identifiable information to provide you with any such information or offers, or not to send you newsletters by sending us an e-mail at webmaster@evault.com. Except as provided herein, your personally identifiable information will not be provided to any third parties without prior approval from you. Children Under 13. This Site is not directed to children under 13. We do not knowingly collect personally identifiable information from anyone under 13 years of age, except for the limited circumstances described below. In the event a child under the age of 13 submits a question to us on this Site and identifies his or her age, we may use the child's e-mail address for the sole purpose of responding to the child's question on a one-time-only basis. However, we will not use the child's e-mail address to re-contact the child and we will delete it from our records once we have responded. If we become aware that we have unknowingly collected personally identifiable information from a child under the age of 13, we will make reasonable efforts to delete such information from our records. Non-Personally Identifiable Information. From time to time we may collect general, non-personally identifiable, statistical information about the use of this Site, such as how many visitors visit a specific page on this Site, how long they stay on that page, and which hyperlinks, if any, they "click" on. We collect this information through the use of technologies such as "cookies" and "IP addresses", which are discussed in greater detail below. We collect this information in order to determine which areas of this Site are most popular and to enhance this Site for visitors. From time to time we may also collect general, non-personally identifiable, statistical information about information and data stored and shared through the personal servers and the services we provide to support personal servers ("Web Service"). We may also group this information into aggregate data in order to describe the use of this Site to our existing or potential business partners, sponsors, advertisers or other third parties, or in response to a government request. However, please be assured that this aggregate data will in no way personally identify you or any other visitors to this Site.
We reserve the right to disclose any personally identifiable or non-personally identifiable information if we are required to do so by law or if we reasonably believe that such action is necessary in order to: (a) fulfill a government request; (b) conform with the requirements of the law or to comply with legal process served on us; (c) to protect or defend our legal rights or property, this Site, or its users; or (d) in an emergency to protect the health and safety of this Site's users or the general public. Keeping Your Information Secure. EVault has reasonable and appropriate security measures in place to protect against the loss, misuse and alteration of the information under our control. Please be advised, however, that while we strive to protect your personally identifiable information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and cannot be responsible for the theft, destruction, or inadvertent disclosure of your personally identifiable information. If you have registered on this Site, access to your account will be protected by your password. We recommend that you do not disclose your password to any other person, that you choose at least 6 characters, including a combination of letters and numbers for your password, and that you change your password often. You are solely responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You may view and update your account information at any time by logging into your account. We will never ask for your password. If you ever receive an e-mail purporting to be from us asking for your password, ignore that request and forward the e-mail to us immediately. Processing of Data Outside the EU. Given that we are an international business, our use of your information necessarily involves the transmission of data on an international basis (including the United States and countries outside the European Union). Transfer of Assets. As we continue to develop our business, we may sell or purchase assets. If another entity acquires us or all or substantially all of our assets, or assets related to this Site, personally identifiable information, non-personally identifiable information, and any other information that we have collected about the users of this Site will be transferred to such entity as one of the transferred assets. Also, if any bankruptcy or reorganization proceeding is brought by or against us, all such information may be considered an asset of ours and as such may be sold or transferred to third parties. Other Sites. This Site may contain links to other web sites that we do not control or maintain. We are not responsible for the privacy practices employed by these other web sites. We encourage you to note when you leave this Site and to read the privacy statements of such other web sites before submitting any personally identifiable information. Your California Privacy Rights. The following only applies to California residents. Information on how your personally identifiable information is collected and used is described above. We may from time to time share your personally identifiable information with our subsidiaries, affiliates, sponsors, partners, advertisers or other third parties for their direct marketing purposes. If you do not want us to share your personally identifiable information with such third parties for their direct marketing purposes, please let us know by e-mail at webmaster@evault.com or by mail at EVault, Inc., 6121 Emeryville, California 94608, Attention: Webmaster. Your opt-out request will be processed within 30 days of the date on which we receive it. Your EU Privacy Rights. The following only applies to EU residents. In addition to your normal access to your Web Account information, you have a right to see the personal information held about you. To obtain a copy of the personal information we hold about you, please send an e-mail to webmaster@evault.com. JURISDICTION AND GOVERNING LAW. This Site is maintained, controlled, operated and administered by EVault from within the United States of America (" U.S."). EVault makes no representation that the Content or any other materials on this Site are appropriate for use at locations outside of the U.S. and access to this Site from countries where such Content or materials are illegal is prohibited. If you access this Site from a location outside of the U.S., you are responsible for compliance with all local laws. The use of this Site, the Content or any other materials on this Site, and these Terms are governed by the laws of the United States and the State of California, without regard to its conflict of laws provisions. Any legal proceeding arising out of the use of this Site, the Content or any other materials on this Site, or these Terms must be brought in Santa Clara, California and must be brought within one year after the claim or cause of action arises or it is barred. By using this Site, you irrevocably submit to the jurisdiction of the State and Federal courts located in Santa Clara, California. If for any reason a court of competent jurisdiction finds any provision of these Terms to be unenforceable, that provision will be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of these Terms will continue in full force and effect. INTERNATIONAL TRADE COMPLIANCE. The goods licensed or sold through this Site, which may include technology and software, are subject to the customs and export control laws and regulations of the U.S. and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured or received. Further, under U.S. law, such goods may not be sold, leased or otherwise transferred to restricted countries, or used by a restricted end-user or an end-user engaged in activities related to weapons of mass destruction including, without limitation, activities related to designing, developing, producing or using nuclear weapons, materials, or facilities, missiles or supporting missile projects, or chemical or biological weapons. You acknowledge that it is your responsibility to comply with and abide by those laws and regulations, and that any customer or vendor that you request EVault to route product to directly has also been made aware of the associated export controls. CONFIDENTIAL INFORMATION. You may be given access to EVault confidential information through this site or links from this site. You may not disclose EVault confidential information to any third party without the written consent of EVault. You must protect EVault confidential information with at least the same degree of care that is accorded to your confidential information, but in no event less than reasonable care. EVault confidential information includes, but is not limited to - all non-public information regarding EVault, its intellectual property or its products, quantity and prices of products purchased, design and development data, engineering details, CAD drawings, sales and marketing plans, unannounced products, any information marked as "confidential" or "proprietary" or similarly marked, or any information that, if disclosed, might be competitively detrimental to EVault. You may enter into separate non-disclosure agreements with EVault governing specific disclosures. To the extent the terms governing a specific disclosure are more restrictive than the terms in this paragraph, the more restrictive terms will control for the specific disclosure. CHOICE EVault may from time to time send you email. You acknowledge that such emails are sent with your consent and permission. You can choose not to receive any newsletter, e-mail or other communication from us by (i) following the removal instructions in the communication that you receive, or (ii) e-mailing us at: webmaster@evault.com. If you choose to e-mail us, please be sure to attach a copy of the unwanted communication. ENTIRE AGREEMENT. These Terms represent the entire agreement relating to the use of the Site. EVault's failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. INDEMNITY. By using this Site you agree to indemnify EVault, and its subsidiaries, partners, affiliates, agents, consultants, sponsors, advertisers and licensors, and their respective officers, directors, employees, shareholders, agents and representatives (collectively, the "Released Parties"), and hold the Released Parties harmless from any and all claims and expenses, including attorneys' fees, arising from your use of this Site or the Content or other materials on this Site, your breach of any term or condition contained in these Terms or any other agreement applicable to any specific functions or areas of this Site, or your submission of information or materials to EVault by any means or from any person's use of any account or password you maintain with EVault or this Site, regardless of whether such use is authorized by you. By using this Site, or submitting any ideas and/or related materials to EVault, you are hereby agreeing to release the Released Parties from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to any products and services obtained or used through this Site or to any disputes regarding use of ideas and/or related materials submitted to EVault. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES IN RELEVANT PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." QUESTIONS OR COMMENTS. If you have any questions or comments about these Terms, please contact us at webmaster@evault.com. Last Updated: May 10, 2007 |
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