This document was last updated on August 05, 2022
These terms and conditions (“Terms”) are an agreement between MSPBYTES, Corp., d/b/a/ MSP360, and our affiliates (“Company”, “us”, “we” or “our”) and you (“User”, “you” or “your”). These Terms set forth the general terms and conditions of your use of our and any of the products or services on the website. The website and services are interchangeably referred to as “Site” or “Services” unless specifically noted otherwise.
These Terms constitute a legally binding agreement between you and Company. By using the Site, you: (1) acknowledge that you have read and understood these Terms; (2) represent that you are 18 years of age or older and of legal age to enter into a binding agreement; and (3) accept these Terms and agree that you are legally bound by them. If you are accessing the Site on behalf of a company, you are representing that you have the authority to access the Site, and to bind the company to these Terms, and the company is “You”. Your use of the Site manifests your agreement to be bound by these Terms each time you access the Site. If you do not agree to any of these Terms, do not use or access the Site.
Company grants you a limited, nonexclusive, revocable license to make use of the Site, regardless of the medium by which the Site is accessed by you (e.g., via a web or mobile browser).
You acknowledge that your use of the Site is at our sole discretion and your license to use the Site may be terminated by us at any time, for any reason or for no reason. We reserve the right, in our sole discretion, to refuse service, to block or prevent future access to and use of the Site, to terminate any user’s account, where applicable, and to alter or delete any material submitted to the Site through the user’s account, where applicable. Following termination of this license, these Terms shall apply to the extent practicable. We may block your email address and Internet protocol address to prevent further registration.
The Site is intended for use by those who are eighteen (18) years of age or older (i.e., you must be 18 years of age or older to use the Site or the Services). If you are not 18 years of age or older, you are prohibited from using the Site or the Services without the accompaniment and supervision of a parent or legal guardian. If you are a parent or legal guardian, you agree that you will monitor and supervise the use of the Site by children, minors, and others under your care, and you agree to be responsible for their use of the Site. Any use of the Site by persons under 18 years of age and without parental consent will result in immediate termination of their use of the Site.
The Company’s Services or Site may require or offer the use of a third-party’s services. You acknowledge and agree to be bound by any third-party’s terms or conditions of use for a service or product that is provided through the Company’s Services or Site.
Except as expressly provided in these Terms, and without altering the scope of the license granted to you, you are hereby prohibited from: (a) modifying, adapting, translating, copying, reproducing, imitating, distributing, publishing, or reselling the Site and/or Services or any of the content on the Site; (b) bypassing any technical measures used to prevent or restrict access to any portion of the Site and/or Services; (c) reverse engineering, decompiling, disassembling, or otherwise obtaining the source code of the Site and/or Services, except as interpreted and displayed in a web browser; (d) using or attempting to use any data mining, robot, spider, or similar automated or manual data gathering and extraction tools to access the Site’s listings or content; (e) circumventing or attempting to circumvent the security of the Site and/or Services; (f) interfering or attempting to interfere with the proper working of the Site or otherwise engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Company or users of the Site and/or Services or expose them to liability; (g) altering or modifying, or attempting to alter or modify any part of the Site and/or Services; (h) attempting to gain unauthorized access to any portion of the Site or any systems or networks connected to the Site and/or Services through hacking, cracking, mining, phishing, or any other means; (i) accessing or attempting to access password protected, secure, or non-public areas of the Site and/or Services, except as authorized by Company; (j) taking any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site and/or Services or any systems or networks connected to the Site and/or Services; (k) using reports, content, electronic documentation, or other materials available on the Site and/or Services to feed any downstream product, application, or website; (l) engaging in any activity that markets another business or attracts Company users to a third party; or (m) engaging in or promoting illegal activities.
Our Site uses persistent and session cookies. A persistent cookie is stored by a web browser and will remain valid until it expires or is delete. A session cookie will expire at the end of your session when you close the web browser. Personal data that we store about you may be linked to the information collected from and stored in cookies. You are able to manage your cookies based on your browser and the version of your browser. Blocking cookies may negatively impact your experience with the Site and Services.
Our Services allow you to make certain choices with respect to storage and other features. When you choose to utilize third-party cloud storage or back up resources (“Third-Party Storage Services”) available through our Services from providers such as Amazon Web Services, Microsoft Azure, Google Cloud, BackBlaze or Wasabi Technologies, you agree to be subject to that third-party’s terms or conditions of use.
We are not responsible for content residing on the Services. In no event shall we be held liable for any loss of any content. It is your sole responsibility to maintain appropriate backup of your content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.
Unless otherwise noted, all content provided on the Site, including images, illustrations, designs, icons, photographs, video clips, text, and other material, is the property of Company or its suppliers, licensors, talent, partners, or affiliates and is protected by United States and international copyright laws. Any and all content on the Site is either the property of Company or is used by us with the permission of its owner. The compilation of the Site is the exclusive property of Company and is protected by United States and international copyright laws. You agree that you will not take any actions inconsistent with Company’s ownership of the Site and content.
The trademarks, logos, and service marks displayed on the Site are owned by Company and other third parties, and the Site’s trade dress is owned by Company. All trademarks not owned by Company are the property of their respective owners, and, where used by Company, are used with permission. Nothing contained on the Site may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark. Company’s trademarks and/or trade dress may not be copied, imitated, or used, in whole or in part (including use in metatags or in hidden text), without our prior written permission. You agree that you will not take any actions inconsistent with Company’s ownership of, or any third party’s ownership of, the trademarks and trade dress used on the Site.
Some products and processes offered on the Site may be covered by, or may be subject to, one or more patents and are subject to other trade secret and proprietary rights. Any and all products or processes on the Site are either the property of Company or is used by us with the permission of its owner. You agree not to infringe upon such rights or decompile, reverse engineer, or disassemble any of the products or processes on the Site. You acknowledge that Company is in the business of selling goods and agree that you will not file patent applications on the goods, or processes and methods of using the goods. You further agree that in any event, any such patents will not be asserted against Company or its customers based upon purchase and use of such products provided on the Site.
Except as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the materials on the Site, including any copyrighted or trademarked content. You may only use the materials and content on the Site as expressly permitted in these Terms and for no other purpose. Any unauthorized use of any content or materials on the Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.
Company may offer the Site and Services through a mobile application available for download through the Apple App Store, Google Play, and other related mobile application stores (the “Mobile App”). Any use of such Mobile App is subject to the full terms of these Terms. To the extent any additional terms and conditions apply to you if using the Mobile App through the Apple App Store, Google Play, or other related mobile applications, these Terms will control. Company grants you a limited, non-exclusive, non-transferable and revocable license to install and use the Mobile App, in executable object code format only, solely on your own handheld mobile devices and for your personal, non-commercial use.
As part of our Services, we provide a perpetual, on- premise subscription software. Subject to the other rights and limitations in this Agreement and your payment of all subscription fees when due, we grant you a limited, non-exclusive, non- sublicensable, non-transferable (except as expressly permitted herein) license to use the software during the Subscription Term provided that: (i) your use of the software: (a) is solely for your internal business purposes; (b) is in accordance with the scope of use set out in your individual account preferences; and (c) shall be restricted to use in object code form only; and unless otherwise specified in your individual account, you shall install the software on an approved operating system. During your subscription, you may transfer the software from one approved operating system to another, provided that the software is permanently deleted from the prior operating systems. You shall not permit any authorized access to or use of the software, or make any unauthorized copies.
You are solely responsible for procuring, maintaining, and securing your network connections to the software, and for all problems, conditions, delays, delivery failures, costs and all other loss or damage arising from or relating to your (or any Third-Party Provider’s) network connections, telecommunications links or caused by the internet. You agree that the maximum number of users that you permit to access and use the software shall not exceed the number of subscriptions you have purchased, and that the users shall keep their user IDs and passwords related to use of the software confidential. You are also responsible for any user’s use of the software and compliance with this Agreement.
For the purposes of billing, all use of the perpetual, on-premise software subscription shall be subject to auto-renewal, and you will be charged automatically in accordance with the term you selected.
We respect the intellectual property rights of others and expect users to do the same. In appropriate circumstances, and at our sole discretion, we may terminate and/or disable access to and use of the Site by users suspected of infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances, and in our sole discretion, we may remove or disable access to material on any of our websites or hosted on our systems that may be infringing or the subject of infringing activity.
In accordance with the Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512 (“DMCA”), we will respond promptly to claims of copyright infringement reported to our agent designated to receive notifications of infringement claims (“Designated Agent”). If you are a copyright owner (or authorized to act on behalf of the owner) and believe that your copyrighted work has been infringed, please submit a written notice to our Designated Agent that substantially includes the following:
The written notice, along with any accompanying items, must be submitted to our Designated Agent at:
ATTN: Katja Garvey
Porter Wright Morris & Arthur, LLP
41 South High Street, Suite 2900
Columbus, OH 43215
If you send your notice by email, please make sure to write “DMCA Copyright Notice” in the subject line. We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
Before you can make use of certain services associated with the Site and/or Services, you may be required to register with the Site and create an account. You agree and warrant that all information you provide to us through the Site, including but not limited to any contact information or registration information, is truthful, accurate, and up-to-date. You further agree to maintain the accuracy of your account information and to inform us promptly of any changes to your information, including but not limited to any changes to your email address. It is a condition of your use of the Services that all information you provide on this Services or Site is correct, current, and complete. Providing false contact information of any kind may result in the termination of your account.
You are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security you become aware of. We are neither responsible for, nor liable, for any loss or other injury that you may incur as a result of someone else using your user account or password, either with or without your knowledge.
By creating an account with the Site, you consent to receive communications from us electronically via the email address associated with your account. Although you can opt-out of receiving promotional communications, we reserve the right to email you informational communications about your account or administrative notices regarding the Site, as permitted under the CAN-SPAM Act.
You are expressly prohibited from selling, trading, or transferring your account (including but not limited to, selling, trading, or transferring emails associated with such account).
You agree to pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable, as applicable. Where Services are offered on a free trial basis, payment may be required after free trial period ends, and not when you enter your billing details (which may be required prior to the commencement of the free trial period). If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected.
ALL PAID SUBSCRIPTIONS WILL CONTINUE INDEFINITELY UNTIL CANCELLED BY YOU. IF YOU PURCHASE A PAID SUBSCRIPTION, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF YOUR CHOSEN SUBSCRIPTION TERM FOR AN ADDITIONAL EQUIVALENT TERM AT THE THEN-CURRENT PRICE FOR SUCH SUBSCRIPTION.
You will be given notice of changes to paid subscription pricing to which you have subscribed and an opportunity to cancel your subscription. If Company changes these prices and you fail to cancel your subscription, you acknowledge and agree that you will be charged at Company’s then-current pricing for subscriptions. To avoid charges for a new subscription period, you must cancel your subscription, as described herein, before the end of the then-current subscription period. Deleting your account does not cancel your subscription. Recurring fees shall be charged to the payment method you initially provided at the time subscription. Once your renewal is processed, you will receive a confirmation.
Company makes every effort to communicate its billing and renewal policies and to remind members of their authorization to automatically renew their subscription. For annual subscriptions, Company shall notify you in writing of an automatic renewal. Notice shall be delivered to you by email no less than 30 days and no more than 60 days before the date your subscription is set to automatically renew.
Company’s membership services are delivered immediately. Once your fees are processed, Company automatically sends you an email containing your login information so that you may begin to use the services. If you have opted into text messages, you will also receive a confirmation text message outlining your purchase.
If, in our judgment, your purchase constitutes a high risk transaction, we may require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per entity or household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
When you create an account or subscribe to our Services while promotional or special pricing is in effect providing discounted access to Third-Party Services, if you cancel your subscription to our Services or your account, your discounted access to the Third-Party Services will also be canceled. Additionally, if you change your subscription to our Services to a non-qualifying subscription, your discounted access to the Third-Party Services will be canceled. To continue your access to the Third-Party Services, you will need to contact the third-party directly. Please note, after the promotional or special pricing ends, your access to the Third-Party Services may automatically change to a paid subscription charged through your account or Subscription with us.
We use a third-party payment processor (the “Payment Processor”) to process any payments made through the Site. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Terms. Company is not responsible for these financial transactions, the security of your financial information with respect to these transactions, and any errors by the Payment Processor. You acknowledge and agree that we are not responsible for any unauthorized charges or other breach of your financial information and/or security.
By making payments through the Site, you agree to pay us—through the Payment Processor—all charges at the prices then in effect for any use of such payment processing in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.
The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due upon demand.
From time to time, we may make available on the Site certain services, features, or sections that allow users to post or upload materials to the Site, or to engage in streaming conversations with third-party individuals. You understand that all information, communications, data, text, software, music, sound, photographs, graphics, videos, messages, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. Therefore, you, and not Company, are solely responsible for all Content that you upload, post, email, transmit, or otherwise make available through the Site or any related services.
You represent and warrant that you own or otherwise control all the rights, titles, and interests to any Content that you upload, transmit, or otherwise make available through the Site, that use of any Content you provide does not violate the intellectual property rights or any other rights of any third parties, and that use of Content you provide will not cause injury to any person or entity.
Without limiting the foregoing, you represent and warrant that you will not: (a) provide any Content that is unlawful (according to local, state, federal or international law) or any Content that advocates illegal activity; (b) provide any Content that is defamatory, false, or libelous, or that contains unlawful, harmful, threatening, harassing, discriminatory, abusive, profane, pornographic or obscene material; (c) provide any Content that you do not have a right to provide under law or under a contractual or fiduciary relationship; (d) provide any Content that contains software viruses or other harmful devices; or (e) impersonate any other person or entity or forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content you provide.
When you post or submit Content to the Site, you hereby expressly grant Company a royalty- free, perpetual, non-exclusive, irrevocable right and license to use, reproduce, adapt, modify, publish, edit, translate, perform, transmit, sell, exploit, sublicense, or otherwise distribute and display Content and any ideas, concepts, know-how, or techniques contained therein for any reason and in any manner it chooses, alone or as a part of other works, in any form, medium or technology now known or later developed, without restriction and without compensation of any kind to you, and you waive all moral rights in all such Content. Therefore, we request that you not provide us Content in which you do not wish to grant us rights.
You understand that by using the Site, you may be exposed to Content and Non-User Content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, for 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 posted, emailed, transmitted or otherwise made available via the Site.
The opinions expressed in postings or other Content or Non-User Content on the Site are not necessarily those of Company or its advertisers, sponsors, affiliated or related entities. We make no representations or warranties regarding any information or opinions posted to or otherwise included on or transmitted through the Site. We do not represent or guarantee the truthfulness, accuracy, or reliability of any Content or Non-User Content or determine whether the Content or Non-User Content violates the rights of others. You acknowledge that any reliance on material posted by other users will be at your own risk.
The information on the Site may contain typographical errors or inaccuracies, and may not be complete or current. Company therefore reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information at any time without prior notice. Please note that such errors, inaccuracies, or omissions may relate to service descriptions, pricing, and availability. All product and/or service sales and promotions are subject to the terms of these Terms, in addition to any other terms that may apply. Promotional offers and prices are available for a limited time as specified on the Site. Company also reserves the right to limit the scope of services (including after you have submitted your request). Company apologizes for any inconvenience this may cause you.
The Site may contain links to third-party websites or other resources, which we may have no direct control and all of which may have their own set of rules and guidelines for usage of their sites and services. Company does not endorse, and we shall not be responsible or liable for, any content, advertising, products, or other materials on or available from such sites or resources.
For your protection, please refer to the terms of service and privacy policies of those respective websites. You acknowledge, understand, and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of, or reliance on, any such content, goods, or services available on such other websites. Company shall not be liable for any errors or delays in the content, goods, or services available on such other websites, or for any actions taken or not taken in reliance thereon. The links are provided “as is” and use of such links is at your own risk.
THE SITE, ITS CONTENT, AND ANY ASSOCIATED SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU USE THE SITE AND ANY CONTENT AVAILABLE AT YOUR OWN RISK. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE, OR TO THE FUNCTIONALITY OF ANY SERVICES ASSOCIATED THEREWITH.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, OR OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE. COMPANY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENTS ON THE SITE.
COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SITE WILL BE CONTINUOUS, UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, OR THAT THE SITE WILL MEET YOUR REQUIREMENTS. COMPANY FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES THAT COMMUNICATIONS BETWEEN YOU AND COMPANY, OR ANOTHER USER OF THE SITE, WILL BE SECURE FROM INTERFERENCE, VIRUS-FREE, OR FREE OF OTHER HARMFUL COMPONENTS.
THE SITE IS CONTROLLED, OPERATED, AND ADMINISTERED BY COMPANY FROM ITS OFFICES WITHIN THE UNITED STATES. COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT MATERIAL AVAILABLE THROUGH THE SITE IS LEGAL, APPROPRIATE, OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES. IF YOU ACCESS THE SITE FROM A LOCATION OUTSIDE THE UNITED STATES, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS AND COMPANY ACCEPTS NO RESPONSIBILITY FOR SUCH ACCESS. ANY OFFER FOR ANY SERVICE OR PRODUCT MADE IS VOID WHERE PROHIBITED.
YOU ACKNOWLEDGE THAT YOU ARE 18 YEARS OF AGE OR OLDER. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT INFORMATION TRANSMITTED THROUGH THE INTERNET IS NEVER COMPLETELY SECURE.
NEITHER COMPANY NOR ANY OF COMPANY’S EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES, DISTRIBUTORS, OR LICENSORS WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY OR OTHERWISE), ARISING FROM OR OTHERWISE RELATED TO YOUR USE, OF OR INABILITY TO USE, THE SITE OR THE ASSOCIATED SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ATTORNEYS’ FEES, OR FOR LOST DATA OR LOST PROFIT, EVEN IF COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, COMPANY WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESSING OR USE OF THE SITE, OR FROM YOUR DOWNLOADING OF ANY CONTENT OR MATERIALS FROM THE SITE, OR FOR ANY DAMAGES ARISING OUT OF A THIRD PARTY’S UNAUTHORIZED ACCESS TO AND USE OF YOUR PERSONAL INFORMATION STORED ON COMPANY’S COMPUTERS AND/OR SERVERS. COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND THAT YOU ALLEGE ARISE OUT OF OR ARE RELATED TO YOUR USE OF COMPANY’S SITE AND ASSOCIATED SERVICES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF COMPANY, OR ITS PARENT, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES, DISTRIBUTORS, OR LICENSORS—WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY—ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED THE TOTAL AMOUNT YOU PAID TO COMPANY TO ACCESS THE SITE WITHIN THE PRECEDING THREE (3) MONTHS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to indemnify, defend, and hold harmless Company and its employees, subsidiaries, affiliates, agents, representatives, distributors, and licensors, from and against any claim, demand, damages, cost, expenses, and liabilities, including reasonable attorneys’ fees, which may arise from or be related to: (a) your use of the Site or Services; (b) Content you post or submit to the Site; or (c) your breach of any provision of these Terms or any warranty provided hereunder. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
You agree that if you are dissatisfied with the Site or any services offered in connection with the Site, do not agree with any part of these Terms, or have any other dispute or claim with or against Company with respect to these Terms or the Site, your sole and exclusive remedy is to discontinue using the Site.
The laws of the State of Delaware shall govern the validity, performance, enforcement, interpretation, and any dispute that may arise between the parties with respect to these Terms, without giving effect to any principles of conflicts of laws. The parties agree that any action or proceeding arising out of these Terms or your use of the Site, whether at law or in equity, must be brought in the state or federal courts located in Delaware and you hereby irrevocably and unconditionally consent to the exclusive personal jurisdiction of such courts. You further agree to file any cause of action with respect to these Terms within one (1) year after the cause of action arises. You agree that a cause of action filed after this date is barred.
These Terms, including any documents referenced herein, represents the entire understanding between you and Company regarding your relationship with Company and use of the Site, and supersedes all other agreements, express or implied, written or oral, between you and Company. These Terms shall not be modified except as provided for herein or in writing, signed by an authorized representative of Company.
If any provision of these Terms is determined to be invalid or unenforceable for any reason whatsoever, the remainder of these Terms shall be enforced to the extent possible, and the offending provision shall be treated as though not a part of these Terms. Company’s failure to act with respect to a breach of these Terms by you or others does not constitute a waiver of its rights with respect to that breach or any subsequent breach, nor shall it constitute a waiver of any other rights under these Terms. Notwithstanding any provision of these Terms, Company has available all remedies at law or equity to enforce these Terms. Company shall have the right to assign these Terms and to sublicense any and all of its rights under these Terms.
You acknowledge and agree that the provisions, disclosures, and disclaimers set forth in these Terms reflect a fair and reasonable allocation of risk between you and Company, and is not the result of fraud, duress, or undue influence exercised upon you by any person or entity. Any rights not expressly granted herein are reserved.
Where required, Company may give notice to you by a general posting in the Site, by electronic mail, or by conventional mail to your address of record. You may give notice to Company by electronic mail or by conventional mail to the address below. If you have any questions about these Terms, the practices of the Site, or your dealings with Company, please contact us at:
Attn: Katja Garvey
Porter Wright Morris & Arthur, LLP
41 South High Street, Suite 2900
Columbus, OH 43215
If you wish to opt-out of automatic renewals, change your credit card information, or wish to cancel your paid subscription, you can do so at any time by following the instructions in your account settings page or contacting Company at the following information: https://www.msp360.com/contact.
However, subscription cancellations must be no less than seventy-two (72) hours in advance of your subscription’s renewal date. Otherwise, your request will not be processed, and your subscription will automatically renew. You must follow the above instructions if you wish to cancel your subscription. Please be aware that opting out of receiving Company emails does not cancel your subscription.