BY USING THE DefendX SOFTWARE® WEBSITE IN ANY MANNER YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS.
Disclaimer of Warranty
The content contained in this website is provided by DefendX Software as a service to its customers. The information, services, content, and products contained in this website are provided “as is, as available” without warranty of any kind, express or implied. To the maximum extent permissible by applicable law, DefendX Software and its affiliates disclaim all warranties of any kind, whether express or implied, with respect to any matter relating to this website and DefendX Software services, including, but not limited to, any warranties of merchantability, fitness for a particular purpose and non-infringement. The DefendX Software website includes content provided by third parties and users. For such content, DefendX Software is a distributor and not a publisher. Any opinions, advice, statements, services, offers, or other information expressed or made available by third parties (including merchants and licensors) are those of the respective third parties of such content and not of DefendX Software or its affiliates, or their respective officers, directors, employees, or agents. There are no warranties, express or implied, made with regard to the completeness, accuracy, currency, or reliability of information published by DefendX Software. You acknowledge, by your use of this website, that your use of this website is at your sole risk, and that you assume full responsibility for all risks associated with your use of this website, including responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this website.
Limitation on Liability
As partial consideration for your use of and access to this website, you agree that in no event will: (i) DefendX Software or any other party involved in creating, producing, or delivering this website content, or any site linked to this website, be liable to you in any manner whatsoever for any decision made or action or non-action taken by you in reliance upon the information provided through this website; and (ii) DefendX Software be liable for any direct, indirect, special, incidental, consequential, or punitive damages, whether or not such damages were foreseeable even if DefendX Software has been advised that such damages were likely or possible.
Remedy of Defects
You agree to provide notice to DefendX Software of any defect in the website. DefendX Software may, in its sole discretion, correct such defect. YOUR SOLE REMEDY IN THE EVENT DEFENDX SOFTWARE DECLINES TO CORRECT ANY DEFECT IS TO CEASE USE OF THE WEBSITE.
Linking to this Website
You may only link to this website by linking to DefendX Software’s homepage (www.defendx.com). Linking directly to any other web page or content within this website is prohibited without DefendX Software’s prior written permission. In addition, a Website that links to this website: (a) may link to, but not duplicate, the website content; (b) may not create a frame or other border around the website content; (c) may not imply that DefendX Software is endorsing it or its services or products; (d) may not misrepresent its relationship with, or otherwise create a false affiliation, connection or association with DefendX Software; and (e) may not use the DefendX Software trademarks, service marks, colors, logos or any other brand features of DefendX Software without the express written permission of DefendX Software.
Links To Third Party Sites
DefendX Software appreciates hearing from its patrons. You acknowledge and agree that by submitting any creative ideas, inventions, suggestions or materials (your “submission”) you grant DefendX Software a royalty-free, perpetual and irrevocable, license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display your submission (in whole or in part) worldwide and to incorporate your submission in other works in any form, media, or technology now known or later developed without any notice or compensation to you.
Changes and Applicable Law: Arbitration
We reserve the right to make changes to our website and these terms and conditions at any time. We encourage you to review the website and these terms periodically for any updates or changes. Your continued access or use of our website shall be deemed your acceptance of these changes and the reasonableness of these standards for notice of changes. Use of the DefendX Software website and purchased products through DefendX Software shall be governed by and construed in accordance with the laws of the State of Massachusetts, without giving effect to its conflict of law provisions. You agree that any legal action or proceeding between you and DefendX Software shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Chelmsford, Massachusetts.
If any provision of this Agreement is held to be illegal or unenforceable, then such section shall be eliminated or limited to the minimum extent necessary and the remainder (including any revised portion of the agreement) shall remain and have full force and effect.