IMPORTANT NOTICE: THIS IS A LEGALLY-BINDING CONTRACT. THESE TERMS OF SERVICE AFFECT YOUR LEGAL RIGHTS AND WILL BE WHOLLY AGREED TO BY YOU THROUGH USE OF THE 508 SOFTWARE LLC WEBSITE OR PRODUCTS. FURTHER, THESE TERMS OF SERVICE WILL WHOLLY GOVERN YOUR RELATIONSHIP WITH 508 SOFTWARE LLC AND YOUR USE OF ITS WEBSITE AND/OR PRODUCTS UNLESS EXPLICITLY STATED OTHERWISE HEREIN.
IF YOU DO NOT WHOLLY AGREE TO THE TERMS OF SERVICE, DO NOT USE ANY 508 SOFTWARE LLC PRODUCTS!
PLEASE READ CAREFULLY.
Terms last updated November 5, 2019
The 508 Software LLC Terms of Service (“Terms of Service”) govern Access and/or Use of all 508 Software LLC, a state of Georgia corporation (“508 Software”), Products and Website by all Users and/or Visitors (or “You(r)”). These Terms of Service also govern specific terms and conditions pertaining to 508 Software’s registered trademarks CleverFiles® and Disk Drill® (collectively referred to herein as “CleverFiles”). The Terms of Service shall be governed by and construed and enforced in accordance with the laws of the COMMONWEALTH OF VIRGINIA without reference to conflicts of law rules and principles.
Key Term Definitions
Access and/or Use: The act of electronically visiting the Website and/or taking advantage of any Products or any information provided by 508 Software.
Product(s): All 508 Software products, including, but not limited to, all applications, content, data, documents, graphics, information, services, software, text, and all other elements offered through the Website or any computer, mobile device, or application.
Users and/or Visitors (“You(r)”): All individuals, partners, or groups, including all business, commercial, or non-profit organizations or entities in whatever form, whether legally recognized or not, who Access or take advantage of 508 Software Products and/or Website.
Note that any Key Terms may be used cumulatively and together to affect the required meaning. For example, “Website Products” includes both Key Terms “Products” and “Website” and should be read together to mean: 508 Software Website Products and Products in general.
1. OVERVIEW OF 508 SOFTWARE PRODUCTS AND SERVICES
508 Software offers Users technical information, “know how”, and Products and services to best help User’s resolve everyday problems associated with computers and devices of many kinds. In order to aid Users in their understanding of technical issues related to their computer or device, 508 Software’s Technical Support is available to help answer and explain the capabilities and uses of all Products offered on the Website. Besides fine-tuning and bettering the Products offered for current Users, 508 Software’s main focus and concern is developing and looking for new Products that it believes Users would appreciate. Any and all Feedback concerning 508 Software’s goal of always proactively meeting User needs is warmly welcomed. Should You wish to reach the Technical Support or to contact 508 Software to provide Feedback or for any other reason, please send an email to 508 Software at firstname.lastname@example.org or as outlined in Sections 24 & 25, hereof.
CleverFiles’ Disk Drill provides Users with the opportunity to easily recover files on their Mac or Windows device(s) without having to rely on an expert’s services. CleverFiles’ Help Center provides detailed, step-by-step instructions on how to use each Disk Drill feature to recover any type of deleted file, including applications, documents, music, and photos. Additionally, CleverFiles provides many useful disk tools for both personal and professional uses, such as Disk Health Monitoring, Disk Cleanup, Data Backup, USB Drive Recovery, and many more. CleverFiles offers an easy-to-use and successful platform for data recovery which is why Disk Drill boasts over 10 million downloads, 500,000 Disk Drill PRO clients, and is used in over 150 countries. With Disk Drill Basic being free to download, You can immediately start seeing how CleverFiles can help You reclaim lost data! If You would like to reach Technical Support or to contact CleverFiles for any other reason, please send an email to CleverFiles at email@example.com, or contact CleverFiles as outlined in Section 24, below.
How to Recover Your Files with Disk Drill:
In order to see if Your file(s) can be recovered properly, You should (1) download CleverFiles’ free Disk Drill Basic to run a scan on Your device. A scan of Your device with Disk Drill Basic will generate a list of damaged, deleted, or inaccessible files that can be potentially recovered. Secondly, You should (2) preview the entirety of the file(s) generated by the Disk Drill scan in order to filter which files will be recoverable and which may not be recoverable. If a file is fully previewable (i.e., You scrolled through the entire preview and it was free of internal errors) it can be successfully recovered. In order to recover such a successfully-previewed file(s), if You did not enable Disk Drill’s data protection features in the past, You must (3) purchase either Disk Drill PRO (for personal use) or Disk Drill Enterprise (for commercial use), and then follow the easy-to-use steps provided within the Disk Drill application.
After a scan with Disk Drill Basic, if a file(s) is not fully previewable (i.e., You cannot view the entire file or the file contains errors) the particular file(s) still may be recoverable; however, the failure of the file to properly preview means there is a chance this particular file(s) is damaged and will be unrecoverable. If You accept this risk, simply purchase either Disk Drill PRO or Disk Drill Enterprise and likewise follow the easy-to-use steps provided to attempt to recover Your file(s)—though note that by making such purchase You explicitly accept the aforementioned risks and all purchases are final. However, if You are unwilling to accept the risk or would like to consider Your options before You purchase Disk Drill PRO or Disk Drill Enterprise, please contact CleverFiles’ Help Center who can provide You with assistance and information pertaining to the file(s) You wish to recover.
2. ACCEPTANCE OF TERMS OF SERVICE
The Terms of Service are a legally-binding agreement between You and 508 Software regarding Use of the Website as made available by 508 Software and/or its authorized affiliates (“Licensor(s)”). 508 Software makes available its Website and Products for Your use subject to the terms and conditions set forth in these Terms of Service. Through Access and Use of the 508 Software Website and Products, You AGREE to be bound by and to ACCEPT the Terms of Service and all terms and conditions contained and/or referenced herein, as well as any additional terms and conditions set forth on the Website or accompanying any particular Product(s).
If You do NOT AGREE to ALL the terms and conditions contained in the Terms of Service, You should NOT Use or take advantage of any 508 Software Products. If You do NOT AGREE to any additional specific terms which apply to particular Content (as defined in Section 2.2 hereof) or to particular transactions concluded through 508 Software Website or Products, then You should NOT Use the part of the Website or Products which contain such Content or through which such transactions are concluded. Additionally, when Accessing or Using any 508 Software Products, should You visit another website or obtain any products, applications or services from another entity or provider, whether free of charge or for payment, You will be subject to the third-party guidelines and conditions as applicable to such products, applications or services, and NOT these Terms of Service.
2.1 Type of License. You are granted a revocable, limited license to Use the 508 Software Website and Products as outlined and detailed in Section 4, below. Furthermore, 508 Software offers a variety of third-party products and services that may offer a variety of licenses upon purchase by You.
2.2 Updates to Terms of Service. The Terms of Service may be amended by 508 Software at any time upon notice provided by any of the following means: (i) through a posting on the main page of the Website; (ii) during the purchase process for a 508 Software Product; or (iii) by email to the address You have previously provided when You set up Your User Account or otherwise. Your failure to provide or maintain accurate and current contact information related to 508 Software Products, Website, or Your User Account (as applicable) will not obviate Your responsibility to comply with the Terms of Service. Specific terms and conditions may apply to specific content, Products, materials, or information contained on or available through the Website (the “Content”) or transactions concluded via the Website. To the extent that specific terms and conditions applicable to the Content contradict these Terms of Service, such specific terms and conditions shall govern. Furthermore, where a Product has its own terms of service, that particular Product’s terms of service will supersede these Terms of Service, provided that, the supersession of the particular Product’s terms of service shall not affect the confidentiality, intellectual property ownership rights, warranties and disclaimers, lack of liability, indemnification, injunctive relief, and waiver provisions of these Terms of Service. Please check the Terms of Service regularly to ensure that You are aware of all terms and conditions governing Your Use of the 508 Software Website and Products.
Though 508 Software should provide notice as listed above, 508 Software also reserves the right to make changes or updates with respect to the Website or to the Content or the format thereof at any time without such notice. 508 Software also reserves the right to terminate or restrict access to the Website and/or Products or any portion thereof for any reason whatsoever in its sole discretion.
3. USER WARRANTIES AND OBLIGATIONS
3.1 Agreement of Use. You AGREE to Use the 508 Software Website and Products only for purposes permitted by the Terms of Service as well as any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction(s). Specifically, You AGREE and warrant that in Using 508 Software Website and Products, Your actions do not contravene the laws, rules, or regulations of (i) the country, state, or locality where You reside, or (ii) the country, state, or locality where 508 Software is located or operates. This warranty includes complying with applicable export and import restrictions as well as any other restrictions.
3.2 User Obligation(s) (as to CleverFiles). It is the User’s sole responsibility and obligation to abide by CleverFiles’ instructions on how to properly scan and preview files for recovery before the purchase of Disk Drill PRO or Disk Drill Enterprise. By purchasing either Disk Drill PRO or Disk Drill Enterprise, You acknowledge that You have abided by CleverFiles’ instructions on how to recover lost files. Specifically, You acknowledge that You have (1) downloaded Disk Drill Basic and run a scan of Your device with the desired files; (2) reviewed the Disk Drill Basic scan and previewed the entirety of all files which You desire to recover; (3) the previewed file(s) is satisfactory and accepted by You, whether fully previewable or only partially previewable concerning the relevant file content of interest to You; and (4) purchased Disk Drill PRO or Disk Drill Enterprise because the preview of Your files is fully viewable (and free of internal errors), or if such files were not fully previewable (or contained internal errors), You are aware of and ACCEPT the risk that said files may not be recoverable (“Preview Process”).
3.3 Prohibited Conduct. You AGREE not to Use or permit Use of 508 Software Products, via email, facsimile, faxing, posting, publishing, uploading, or otherwise transmitting any data or material, for any purpose that may (i) menace or harass any person or cause damage or injury to any person or property; (ii) involve the publication of any material that is false, defamatory, harassing or obscene; (iii) violate privacy rights or promote bigotry, racism, hatred or harm; (iv) constitute unsolicited bulk email, “junk mail”, “spam” or chain letters; (v) constitute an infringement of intellectual property or other proprietary rights; or (vi) otherwise violate applicable laws, ordinances or regulations. 508 Software reserves the right to disable, remove, or revoke access to You for the posting, sharing, or promotion of any material that violates the foregoing restrictions or the Terms of Service. 508 Software shall have no liability to You in the event that 508 Software takes such action. You AGREE to defend and indemnify 508 Software against any claim arising out of a violation of Your obligations under Section 3, hereof.
3.4 Prohibited Actions. You AGREE not to Access (or attempt to Access) 508 Software Products by any means other than through the means provided by 508 Software or its Licensors. You AGREE not to Access (or attempt to Access) the Products by way of automated means and that You will not engage in any activity that interferes with or disrupts the Products (or the servers and networks which are connected to the Products, as applicable).
Specifically, and as applicable, You AGREE that You will not:
- Share Your Login ID or password;
- Use or attempt to Use a User Account (as defined in Section 5 hereof), password, or system without the express consent from the owner of the User Account;
- Remove or modify any Website markings or any notice of 508 Software’s (or its Licensors’) proprietary rights;
- Modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Products, or Access or Use the Products in order to build or support, and/or assist a third party in building or supporting, products or services competitive to 508 Software;
- Disrupt or interfere with any other User’s enjoyment of the Website and Products or affiliated or linked sites;
- Upload, post, or otherwise transmit through the Website and Products any viruses or other harmful, disruptive, or destructive codes or files;
- Access or attempt to Access any Content or User Content (as defined in Sections 2.2 & 11 hereof), which You are not authorized to access under the Terms of Service; and
- Disrupt or interfere with the security of, or otherwise cause harm to the Website, Products, Content, User Content, system resources, accounts, passwords, servers, or networks connected to or accessible through the Website and Products or any affiliated or linked sites.
The rights granted to You under the Terms of Service are also conditioned on the following:
- The rights of any User licensed to Use the Products cannot be shared or Used by more than one natural person;
- No part of the Products may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other methods, except as expressly provided herein; and
- You AGREE to make every reasonable effort to prevent unauthorized third parties not authorized by 508 Software from accessing the Products.
4. LIMITED LICENSE TO USE
4.1 Limited License. You are granted a revocable, limited, non-exclusive, non-transferrable, non-sublicensable license (“License”) to Use 508 Software Website and Products as further outlined in the 508 Software’s End User License Agreement (“EULA”), so long as Your Use of such Products is expressly permitted in the Terms of Service.
The License is also subject to all User obligations outlined and detailed in Section 3, above.
5. USER ACCOUNT
5.1 User Account. If and as applicable, You may be able to sign up for a personalized account with 508 Software in order to access the full range of features offered by the Website and Products (“User Account”). By creating a User Account, You AGREE to submit accurate, current, and complete information and keep this information frequently updated. 508 Software reserves the right to suspend or terminate User Accounts which it suspects are used in contradiction to the Terms of Service and/or contain information that is untrue, inaccurate, not current, or incomplete.
When You create a User Account, You will choose a personal, non-transferable username and password. User Accounts may not be “shared” or used by more than one natural person. After You ACCEPT the Terms of Service and Your User Account registration has been accepted by 508 Software, Your User Account will be established. You are solely responsible for any and all activities that occur under Your User Account, whether or not such use was authorized by You.
5.2 User Account Information. The information You provide will be used only for such purposes as allowing You to set up a User Account and profile to interact with other Users through the Website, improve the Content of the Product, customize the advertising and Content You see, and communicate with You about specials, new features, or new Products. It is completely optional for You to engage in these activities and/or create a User Account with 508 Software.
You AGREE and understand that You alone are responsible for maintaining the confidentiality of all usernames and passwords associated with any User Account. Additionally, You may not Use a User Account that belongs to someone else at any time without the express consent of that account holder. 508 Software is not liable for any harm caused or related to the theft or misappropriation of Your username, password, User Content (as defined in Section 11 hereof), disclosure of Your username or password, or Your authorization of any other natural or legal person(s) to Use Your username or password. However, You could be held liable for losses incurred by 508 Software, another User, or a third party due to misappropriation and Use of Your User Account. If You become aware of any unauthorized Use of Your User Account, please notify 508 Software immediately at firstname.lastname@example.org.
6. PROHIBITED CONDUCT
VIOLATION OF THE FOLLOWING TERMS (DETERMINED IN 508 SOFTWARE’S SOLE DISCRETION) WILL RESULT IN THE TERMINATION OF YOUR USER ACCOUNT. WHILE 508 SOFTWARE PROHIBITS CERTAIN CONDUCT AND CONTENT ON THE 508 SOFTWARE WEBSITE, YOU UNDERSTAND AND AGREE THAT 508 SOFTWARE CANNOT BE RESPONSIBLE FOR CONTENT POSTED, SHARED, OR TRANSMITTED ON THE SERVICE THAT VIOLATES THESE PROHIBITIONS AND YOU NONETHELESS MAY BE EXPOSED TO SUCH CONTENT. YOU AGREE TO USE THE WEBSITE AND PRODUCTS AT YOUR OWN RISK. BY USING THE 508 SOFTWARE WEBSITE, YOU AGREE NOT TO:
- “Stalk”, harass, threaten, or defraud other Users;
- Send, post, or make available pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate messages to other Users;
- Make unsolicited offers, advertisements or proposals; or send chain letters, unsolicited email, SMS, “spam” or other “junk” messages;
- Transmit any worms or viruses or any code of a destructive nature through the 508 Software Website or Products;
- Impersonate another natural or legal person or Access a User Account not Your own without express consent from the User Account owner;
- Share 508 Software-related key codes or passwords with a third party or encourage another User to do so;
- Misrepresent the source, identity, or content of information transmitted via the 508 Software Website, for example, claiming to be someone that You are not;
- Use the 508 Software Website or Products for any illegal or unlawful purpose;
- Interfere with any security-related features of the 508 Software Website, Products, or otherwise attempt to gain unauthorized access to the 508 Software Website, Products, other accounts, computer systems or networks connected to the 508 Software Website, through hacking, password mining, or any other means or interfere or attempt to interfere with the proper working of the 508 Software Website or any activities conducted on the 508 Software Website;
- Intentionally interfere with the operation of the 508 Software Website or Products or any User’s enjoyment of them;
- Post inflammatory statements to get responses; and
- Use the Website or Products in any manner that in 508 Software’s sole discretion could damage, disable, overburden, or impair it or interfere with any other User’s Use and enjoyment of the 508 Software Website or Products.
508 SOFTWARE IS NOT RESPONSIBLE FOR ANY VIOLATION OF APPLICABLE LAWS, RULES, OR REGULATIONS COMMITTED BY YOU, YOUR USER ACCOUNT, OR ANY OF YOUR AFFILIATES. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOUR USE OF THE 508 SOFTWARE WEBSITE AND PRODUCTS DOES NOT CONTRAVENE APPLICABLE LAWS, RULES, OR REGULATIONS.
7. PAYMENT TERMS AND COST
7.1 Subscription Plans. If and as applicable, 508 Software may offer Products based on a one-time payment or on a Subscription Plan basis. The prices and features available to You regarding any Subscription Plan will be indicated on the Website or in connection with a Product and may contain additional terms and conditions, which shall be construed in accordance with Section 2.2, above and incorporated herein by reference (“Subscription Plan”). Subscription Plans are typically offered to Users on a month-to-month or annual basis. However, 508 Software reserves the right to change the prices, alter the features, or amend the length of any Subscription Plan upon notice to You. Any change to price or length regarding Your Subscription Plan will not take immediate effect but will become implemented upon the end of Your current Subscription Plan’s term. A Subscription Plan will continue to renew in perpetuity until either canceled by You or 508 Software.
7.2 Billing/Contact Information. The responsibility of providing accurate and complete billing and contact information stemming from any purchases falls solely upon You. 508 Software is not responsible for any inaccuracies or omissions by You during the payment procedure, whether or not these inaccuracies or omissions negatively affect Your ability to download or use 508 Software Products or Website.
7.3 Discounts; Free Trials and Special Offers. 508 Software may offer select discounts as indicated on the Website or in connection with a Product. Such discounts are in the sole discretion of 508 Software and may be updated or modified from time to time, as will be provided on the Website or in connection with a Product. If You participate in any special offers or trial periods, the validity period of such an agreement will be stipulated on the offer itself, however, if not so stipulated, the time period shall not exceed thirty (30) days. Such trial periods and special offers may include their own additional terms and conditions which shall take precedence over any contradictory terms and conditions in the Terms of Service, in accordance with Section 2.2, above. To receive more information about a discount, special offer, or trial period, please contact 508 Software as outlined in Section 24, below.
7.4 Payment. If and as applicable, 508 Software accepts credit/debit card, PayPal, PayNearMe, wire transfer(s), and check/money order payments. Other payment methods also may be made available to You depending on where You are geographically located. Additionally, 508 Software allows for Users to make a payment in the currency of their choice. The currency exchange rate is automatically determined by the payment processing service used and Your bank should automatically convert the price.
7.5 Recurring Charges. If and as applicable, You may have the option to set up a recurring charge for a Subscription Plan on a month-to-month basis or at an annual rate. Once a recurring charge is established, it shall continue indefinitely until either You or 508 Software cancels said charge. In such a case, the recurring charge will cease upon the end of the then current month; however, the scheduled recurring charge for that month must still be paid and Products (or services) will continue to be rendered for the time period associated with the correlated Subscription Plan.
7.6 Tax Responsibility. Unless otherwise provided, all invoices, pricing, and quotes given or made by 508 Software are exclusive of all taxes. You are solely responsible for paying any applicable taxes pertaining to Your relationship with 508 Software and Use of its Products, including but not limited to sales tax, Value-added tax (VAT), goods and services tax (GST), excise, withholding, or similar levies or taxes whether foreign or domestic. Similarly, You are solely responsible for any penalties or the like due stemming from a failure to pay appropriate duties and/or taxes. Any such payments, taxes, or duties, or the like will not be subtracted from any amount You owe 508 Software. If a certificate of exemption or similar document or proceeding is to be made in order to exempt the sale from sales or use tax liability, You will be responsible for obtaining and providing 508 Software with such certificate, document or proceeding.
If 508 Software is required by law to make any deduction or withholding, You will take such reasonable steps to minimize or reduce such deduction as permitted by law. In that case, 508 Software may, but shall not be obligated, to assist You in this regard, including compliance with the procedures for claiming relief under applicable provisions of applicable tax treaties. 508 Software shall make such deduction or withholding as required in accordance with applicable law and the total of any amount so deducted or withheld and the remainder remitted to You and deemed payment in full. You acknowledge and AGREE that any payments to You will be made against an invoice and/or any other documentation as may be required indicating the full value of the goods and/or services provided.
8. UPDATE AND UPGRADE POLICIES
8.1 General. 508 Software strives to provide outstanding maintenance of its Products and Website including assistance from Technical Support and regular new software releases. This strive for outstanding maintenance means that 508 Software regularly releases new minor updates and major upgrades of Products.
8.2 Product Updates. All Product updates within the version purchased are generally free, for example, if You purchased a Product version 2.4, all updates within the 2.X product line are free, i.e., versions 2.5 and 2.6. Product updates are typically added in order to protect You and the Products against new-found security risks, introduce new features, improve performance or speed, improve productivity, or fix bugs and improve functionality.
8.3 Product Upgrades. If and as applicable, each new Product upgrade typically must be purchased. For example, a Product upgrade will change the leftmost number of the Product’s version number, i.e., version 2.6 will become version 3.0. A Product upgrade offers significant changes, new features, and/or major improvements to the current version and functionality of the Product version, which is why these upgrades typically must be purchased. Product upgrade costs may vary between Products, so in order to best inform You of potential costs for any upgrades, please contact Technical Support as outlined in Section 24.
8.4 Product Notifications. If and as applicable, 508 Software may offer subscription services for Product update or upgrade notifications (“Product Notifications”). Upon subscribing for Product Notifications, 508 Software will begin sending You emails or notifications whenever a new build or version of a Product(s) is released. In order to see the changes or enhancements for any Product update or upgrade developed or offered by 508 Software, view the Product features page or “Release Notes” on the Website or accompanying the update or upgrade itself. This should provide You with the exact dates, builds, and version numbers, as well as view the full list of new features added or fixed.
Every Product update or upgrade should be accompanied by easy-to-follow instructions on how to initiate such update or upgrade. If and as applicable, the only information You may need to have available is Your current registration information for a particular Product. If You have any trouble initiating or finalizing any update or upgrade, or You simply have questions, please reach out to Technical Support who can assist You with any questions or concerns, as outlined in Section 24.
9. REFUND POLICY
9.1 No Refunds. Because of the nature of 508 Software’s Products, all purchases and sales are FINAL. However, 508 Software reserves the right to address each refund request on a case-by-case basis and in its sole discretion. If You are seeking a refund because of a Product malfunction, bug, or similar concern, please contact Technical Support as outlined in Section 24, below.
9.2 Preview of Files (as to CleverFiles). As outlined in Sections 3.2, above, before You purchase Disk Drill PRO or Disk Drill Enterprise You should first follow the Preview Process. If Your file(s) is not fully previewable, the file(s) may still be recovered, however, CleverFiles cannot guarantee recovery as the failure to preview may be due to an internal file error, fragmentation, data overwriting, encryption, file system peculiarities, or limitations of Your operating system itself. In this case, CleverFiles suggests that You should contact the CleverFiles’ to learn of possible risks of failure to recover and information on how recovery chances can be increased. If Your file(s) was fully previewable yet You still were unable to recover it, please contact CleverFiles for assistance, as outlined in Section 24, below.
9.3 European Union (EU) Residents. Because of the nature of 508 Software’s Products, if You are an EU resident, upon purchase of any 508 Software Product(s) You will lose Your right of withdrawal under the Consumer Rights Directive (“CRD”) 2011/83/EU of the European Parliament and of the Council of 25 October 2011. Your loss of the right of withdrawal is based upon CRD Article 16(m), which omits the purchase of “digital content” (e.g., downloaded software) from the right of withdrawal. Upon purchasing 508 Software Products, You expressly CONSENT to the performance of the purchase contract and ACKNOWLEDGE that You will lose the right of withdrawal. In such a case, effectively, 508 Software offers NO REFUNDS to EU residents pursuant to the CRD.
10. SUPPLY AND RIGHT TO SERVICE
The term of these Terms of Service shall begin when You start using 508 Software Products and shall continue in perpetuity unless otherwise terminated by You or 508 Software by written notice (which includes electronic means), in accordance with Sections 7 & 23 hereof. 508 Software expressly reserves the right to immediately change, discontinue, limit, or suspend Your Product(s) at any time, upon a good faith belief that Your Use of 508 Software Products will be injurious to 508 Software, others, or the public, or in violation of the Terms of Service. Upon the termination or expiration of Your Products, You must immediately cease using the 508 Software Website and all of its Products. UPON TERMINATION OF YOUR AGREEMENT WITH 508 SOFTWARE, YOU WILL NO LONGER BE AUTHORIZED TO ACCESS, USE, OR TAKE ADVANTAGE OF 508 SOFTWARE PRODUCTS IN ANY WAY.
11. USER CONTENT
11.2 User-Uploaded Content. Whether uploaded directly from Your computer or from an online cloud-based platform, 508 Software shall not be responsible for any corruption of files, loss of data, breach of security, hacks, viruses, or any similar compromises of data You experience; this liability will solely fall upon the User and/or any third-party platform or service said User uses in order to upload User Content onto the 508 Software Website or Products.
11.3 Monitoring of User Content. 508 Software also does not, as a matter of practice, review, inspect, edit or monitor any User Content posted, stored, or Accessed by You or any other User of the Website or Products. However, 508 Software reserves the right, solely in its own sole discretion, to refuse, remove, or disable Access to User Content that 508 Software learns may be illegal or may violate the Terms of Service, although it has no obligation to do so. 508 Software’s action or inaction to regulate Content or conduct, or to enforce against any potential violation of the Terms of Service by any User (or any other third party), does not waive 508 Software’s right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar Content, conduct, or potential Terms of Service violation(s).
11.4 Responsibility for User Content. 508 Software does not control, is not responsible for, and makes no representations or warranties with respect to any User Content. You are solely responsible for Your Access to, Use of and/or reliance on any User Content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research, and due diligence with respect to any User Content. It Your responsibility to investigate the licensing of any User Content prior to using such User Content in any way and to ensure that Your Use of any such User Content complies with all applicable laws, licensing requirements and does not infringe any third-party proprietary rights. You are also responsible for any Content that You post or transmit as well as all Content posted or transmitted through or by Use of Your User Account.
11.5 Prohibited User Content. Types of User Content prohibited from the Website and Products includes but is not limited to: (i) illegal content; (ii) content relating to the creation, advertising, distribution, or receipt of illegal goods or services; (iii) offensive content (including, without limitation, defamatory, threatening, or pornographic content); (iv) content that discloses another person’s personal, confidential, or proprietary information; (v) fraudulent content; (vi) malicious content such as malware or spyware; or (vii) content that offers, promotes, advertises or provides links to unsolicited products or services. Should You discover or come across content that You believe violates Section 11 hereof or the Terms of Service, please report such Content to Technical Support as outlined in Section 24, below.
12. YOUR WARRANTIES
YOU HEREBY WARRANT THAT: (i) ALL INFORMATION PROVIDED BY YOU TO 508 SOFTWARE IN CONNECTION WITH THE WEBSITE AND PRODUCTS IS TRUE, ACCURATE, CORRECT, AND UP TO DATE; (ii) YOU HAVE FULL POWER AND AUTHORITY TO ENTER INTO THE TERMS OF SERVICE; (iii) YOU ARE OF LEGAL AGE (18 YEARS OLD) TO FORM A BINDING CONTRACT WITH 508 SOFTWARE; (iv) YOU WILL SEEK ALL NECESSARY GOVERNMENTAL APPROVALS REQUIRED TO EFFECTUATE THESE TERMS OF SERVICE; (v) YOU SHALL PERFORM ALL OF YOUR OBLIGATIONS UNDER THE TERMS OF SERVICE IN ACCORDANCE WITH APPLICABLE LAWS, RULES, AND REGULATIONS; AND (vi) YOUR USER MATERIALS, USER CONTENT, EDITORIAL, TEXT, GRAPHIC, AUDIOVISUAL, AND OTHER CONTENT THAT YOU SUBMIT TO 508 SOFTWARE OR MAKE AVAILABLE TO OTHER USERS OF THE WEBSITE DO NOT: (1) INFRINGE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY USER OR THIRD PARTY; (2) CONSTITUTE DEFAMATION, LIBEL OR OBSCENITY; (3) RESULT IN ANY CONSUMER FRAUD, PRODUCT LIABILITY, BREACH OF CONTRACT TO WHICH YOU ARE A PARTY OR CAUSE INJURY TO ANY USER OR THIRD PARTY; (4) PROMOTE VIOLENCE OR CONTAIN HATE SPEECH; (5) VIOLATE ANY APPLICABLE LAW, STATUTE, ORDINANCE, OR REGULATION; OR (6) CONTAIN ADULT CONTENT OR PROMOTE ILLEGAL ACTIVITIES.
Any and all Products downloaded or purchased from the Website may be subject to United States export controls. You or Your representatives AGREE that You and Your end users are not nor will be at any time in the future (A) located in a country embargoed by the United States; (B) the target of any sanctions program that is established by Executive Order of the President or published by the Office of Foreign Assets Control, U.S. Department of the Treasury (OFAC); (C) designated by the President or OFAC pursuant to the Trading with the Enemy Act, 50 U.S.C. App. § 5, the International Emergency Economic Powers Act, 50 U.S.C. §§ 1701-06, the Patriot Act, Public Law 107-56, or any Executive Order of the President issued pursuant to such statutes; (D) named on the following list that is published by OFAC: “List of Specially Designated Nationals and Blocked Persons”; (E) if a natural or legal person, named on the U.S. Treasury Department’s list of Specially Designated Nationals (SDN); or (F) on the United States Commerce Department’s Table of Deny Orders.
13. INFORMATION AND MATERIALS PROVIDED BY YOU
14. OWNERSHIP OF YOUR FILES
As to CleverFiles, all of the files that You scan with Disk Drill Basic or recover (or attempt to recover) with Disk Drill PRO or Disk Drill Enterprise are Your sole property. At no stage of the scanning or recovery process of Your files does CleverFiles have the ability to save, store, transfer, or view the data You recover, the amount of data You recover (with the exception of Disk Drill for Windows due to its pricing model), or what type of content You recover (e.g., text versus video files). This arms-length recovery process is part of the reason why CleverFiles does not offer refunds of purchases, because CleverFiles has no way of discerning whether Your data was successfully recovered or not. CleverFiles is happy to aid You in the recovery process, however, CleverFiles will not be able to view any of Your files without Your assistance.
Any and all User Content provided by You shall be considered confidential including information regarding Your business and products and all such information shall remain as Your intellectual property and will be held strictly confidential by 508 Software. Unless expressly authorized by You in writing, Your User Content shall not be divulged or published by 508 Software and shall not be authorized by 508 Software to be divulged or published by any other third parties. Confidential information for purposes of this paragraph shall not include the following:
- Information, which is or becomes available to the general public, provided the disclosure of such information did not result from a breach by 508 Software of Section 15, hereof; and
- Any Content or material (whether or not User Content) that breaches Sections 3, 4, 6, 11, or any other Sections herein.
17. INTELLECTUAL PROPERTY (IP)
17.1 Sole Ownership of IP Rights. The 508 Software Website, in its entirety (except for User Content, as applicable), including the 508 Software Website name and logo, and all other 508 Software Products, Content, site design, text, data, interfaces, Product and service names, design marks, logos, button icons, legends, images, photographs, music, audio or video clips, titles, page headers, graphics, software and the selection, expression, structure, arrangement, coordination, enhancement and presentation of said elements, as well as the “look and feel” of the 508 Software Website (including color combinations, layout, design and all other graphical elements), are the sole property of 508 Software and/or its authorized affiliates or Licensors. The foregoing elements of 508 Software are protected by any and all U.S. and international copyright, service mark, and trademark treaties, laws, regulations, and rules and may not be copied, used or re-used for any purpose not expressly authorized in the Terms of Service, without 508 Software’s prior written permission. You ACKNOWLEDGE that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. Material published by 508 Software on the Website may contain other proprietary notices or describe Products, services, processes, or technologies owned by 508 Software to which the same such protections and rights discussed above will exist, unless such material is rightly owned by a third party.
17.2 Use of 508 Software IP. Nothing in the Terms of Service or through the Use of 508 Software Products shall be construed as granting You a license to Use such material under any copyright, service mark, trademark, patent, or other intellectual property right of 508 Software or any other third party, except as otherwise granted herein. Similarly, unless otherwise specifically provided herein or authorized by 508 Software in writing, all rights in the Website, Products, and Content not expressly granted to You is reserved by 508 Software. Pursuant to the License granted or as otherwise set forth herein, You AGREE not to copy, republish, frame, or make available for assign, download, distribution, lease, license, loan, modification, rent, sale, sublicense, transmission, reverse engineering, or creation of derivative works based on the Content, Website, Products, or 508 Software itself, other than in conjunction with the Products offered by 508 Software.
18. USER OWNERSHIP RIGHTS
18.1 Ownership of User Content. Except as provided in Section 18, hereof, 508 Software acknowledges and agrees that it claims no ownership or control, nor does it obtain any right, title, or interest from You under these Terms of Service to any User Content that You post, submit, or upload to the 508 Software Website or through its Products, including any intellectual property rights in Your User Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless agreed otherwise, You retain copyrights and any other rights You already hold in Your User Content. You alone are responsible for protecting those rights, as appropriate, and You AGREE that You are responsible for protecting and enforcing those rights and that 508 Software has no obligation to do so on Your behalf.
18.2 Right to Retain Copies. 508 Software reserves the right to retain a copy of all User Content that You post, upload, or submit to the 508 Software Website or through its Products. This retained Content, data, or User Content will be for the benefit of 508 Software in order to better experiences, functionalities, Products, services for Users, monitor compliance with the Terms of Service, or for any other good faith purposes as 508 Software sees fit; however, 508 Software never publishes any User Content or data and treats such content as confidential information.
19. TOOLS AND STATISTICAL DATA
19.1 Monitoring of Products. 508 Software may use tools, scripts, software, and utilities (collectively, “tools”) to monitor and administer the Products and to help resolve any 508 Software service requests. The tools will not collect, report, or store any of Your data residing in the service production environment, except as necessary to troubleshoot service requests or other problems in the Products provided. Data collected by the tools (excluding production data) may also be used to assist in managing 508 Software’s Product and service portfolio and for license management.
19.2 Statistical Information. 508 Software may compile statistical information related to the performance of its Products and may make such information publicly available, provided that such information does not incorporate and/or identify Your Personal Information, Your confidential information, or include Your company’s name. 508 Software retains all intellectual property rights in such statistical information.
20. THIRD-PARTY MATERIALS AND LINKING TO THE WEBSITE
20.2 Linking to Website. Linking to this Website is permitted provided that You comply with the following rules: (i) You may link to the home page of the Website or to any other page of the Website; (ii) You may not use in-line linking (or hot-linking) or framing; (iii) You must not imply that 508 Software endorses or sponsors the linker or its website, products or services; (iv) You must not use 508 Software’s intellectual property, including, but not limited to, trademarks, trade names, and copyrights without advance written permission from 508 Software; and (v) You AGREE to remove the link at any time upon 508 Software’s request.
21. LICENSES AND RIGHTS GRANTED TO 508 SOFTWARE
Subject to the terms and conditions of the Terms of Service, each Party (“Mark Owner”) hereby grants the other Party (“Mark Licensee”) a non-exclusive, nontransferable, royalty-free, worldwide license to use its Mark(s) to market and promote the services and/or products of the Mark Owner. Any use of the other Party’s Mark(s) shall be subject to the Mark Owner’s right to review and approve, which approval shall not be unreasonably withheld and shall conform with any trademark usage guidelines, polices, or requirements provided by the Mark Owner. Additionally, Users hereby grant 508 Software the right to publish, display, and/or refer to the final product developed pursuant hereto for promotional purposes.
22. 508 SOFTWARE WARRANTIES AND DISCLAIMERS
22.1 Products “As Is” and “As Available”. EXCEPT AS OTHERWISE PROVIDED IN SECTION 22 HEREOF, ALL CONTENT AND/OR PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” 508 SOFTWARE HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THE WEBSITE, PRODUCTS OR THE CONTENT. 508 SOFTWARE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THE WEBSITE, THE PRODUCTS, OR THE CONTENT. YOU ACKNOWLEDGE THAT ANY INFORMATION SENT MAY BE INTERCEPTED IN TRANSMISSION OR OTHERWISE. 508 SOFTWARE DOES NOT WARRANT THAT THE WEBSITE, PRODUCTS, CONTENT, OR THE SERVERS WHICH MAKE THIS WEBSITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY 508 SOFTWARE ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS. Except as agreed by 508 Software in writing, contractors, agents, dealers or distributors of 508 Software or any other third party shall not have a right to modify this limited warranty, nor to make any additional warranties.
22.2 Use at Your Own Risk. THE USE OF THE 508 SOFTWARE WEBSITE, PRODUCTS, OR THE DOWNLOADING OR OTHER USE OF ANY PRODUCTS THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. 508 SOFTWARE ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE WEBSITE OR IN CONNECTION WITH ANY PRODUCTS OR THIRD-PARTY MATERIAL(S). NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 508 SOFTWARE OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
The Website and Products may contain references to specific 508 Software Products and services that may not be (readily) available in a particular country. Any such reference does not imply or warrant that any such Products shall be available at any time in any particular country.
You understand and AGREE that by Using the Website and Products, You may be exposed to Content that You may find offensive, indecent or objectionable and that, in this respect, You Use the Website and Products at Your own risk.
22.3 Lack of Liability. IN NO EVENT SHALL 508 SOFTWARE OR ANY OF ITS PARTNERS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION). THIS REFUSAL OF LIABILITY SHALL EXIST UNDER ANY THEORY OF LIABILITY RESULTING FROM, ARISING OUT OF, OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE WEBSITE OR PRODUCTS, OR THE CONTENT, PRODUCTS, STATEMENTS, OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE WEBSITE AND PRODUCTS, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED, OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE DATA, ANY LOSS OF DATA, LOSS OR DAMAGE TO FILES, LOSS OR DAMAGE TO THE CONTENT, OR ANY PRODUCTS AVAILABLE THROUGH THE WEBSITE THAT ARE DELAYED OR INTERRUPTED, EVEN IF 508 SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST 508 SOFTWARE PERTAINING TO OR IN CONNECTION WITH THE WEBSITE AND PRODUCTS MUST BE COMMENCED AND NOTIFIED TO 508 SOFTWARE IN WRITING WITHIN ONE (1) YEAR OF THE DATE ON WHICH THE CAUSE OF ACTION AROSE.
22.4 Limitation of Liability. IN NO EVENT SHALL 508 SOFTWARE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE OR MORE CAUSES OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE COST OF THE PRODUCT(S) PURCHASED OR LICENSE PURCHASED. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
23. ENDING YOUR RELATIONSHIP WITH 508 SOFTWARE
The Terms of Service will continue to apply until terminated by either You or 508 Software in accordance with the terms and conditions herein stated. If You want to terminate Your legal agreement with 508 Software, You may do so by: (i) notifying 508 Software at any time, and (ii) closing Your accounts for all of the Products which You Use. Any notice of termination should be sent to email@example.com. 508 Software reserves the right to terminate its legal agreement with You at its sole discretion.
24. TECHNICAL SUPPORT
24.1 Technical Support Team. 508 Software offers technical support for its Users at no extra cost through the Technical Support team. In order to receive assistance from Technical Support, You should contact 508 Software at firstname.lastname@example.org or through the 508 Software Website Portal, as applicable. In such communication, You should describe the nature of the problem to be resolved as well as other necessary information such as Your username or name, the Product, the Product version number, and an email address for future communications. Technical Support will make all reasonable efforts to respond to such requests in a timely manner; however, You must cooperate with when seeking technical support services by providing information necessary to assist or as requested by the Technical Support team while diagnosing or resolving the issue(s). Although Technical Support cannot guarantee that a technical support issue will be resolved, the Technical Support team will make all reasonable efforts to perform support services in a professional manner and to Your satisfaction.
24.2 Reporting “Bug” or “Fixes”. During the operation or Use of any Products, should You come across any potential “bugs”, malfunctions, or other “fixes” as related to any Products or the Website, please reach out to the Technical Support Team as soon as possible. In Your communication, please specify, in as much detail as possible, the nature of the “bug”, malfunction, or other “fix” as well as which Product and version number with which the issues are associated. To address the issue(s) as quickly as possible, please label Your communication: “ATTN: Products Issue”, and send it to Technical Support at email@example.com or through the 508 Software Website Portal, as applicable.
Please label Your communication to 508 Software: “ATTN: Feedback” or “ATTN: General Inquiry”, as the case may be. The following methods can be used to contact 508 Software:
26. CLAIMS OF COPYRIGHT AND TRADEMARK INFRINGEMENT
26.1 Notice and Procedure. See Sections 26.2 to 26.4 below.
26.2 Digital Millennium Copyright Act (DMCA). 508 Software takes seriously all alleged copyright infringements and will respond accordingly to notices of any and all alleged copyright infringement that complies with applicable international intellectual property law (including the DMCA, which is applicable in the United States). If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide 508 Software’s Copyright Agent with the written information specified below (collectively, “Notice”):
- A description of the allegedly infringing material and where said material is located on the Website or Product;
- A description of the copyrighted work that has potentially been infringed upon;
- Your name, mailing address, telephone number, and email address;
- A statement by You that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by You, made under penalty of perjury, that the information in Your notice is accurate and that You are either (i) the copyright owner or (ii) authorized to act on the copyright owner’s behalf; and
- An electronic or physical signature by the copyright owner or the person authorized to act on behalf of the owner of the copyright interest.
508 Software’s Copyright Agent for Notice of claims of copyright infringement on the Website and/or Products should be contacted as follows:
Name: Dmitri I. Dubograev, Esq.
Address: 901 North Pitt Street #325
Alexandria, VA 22314
For clarity, only DMCA Notices should go to the Copyright Agent. Any Feedback, general inquiries, Technical Support inquiries, or any other non-DMCA communications sent to the Copyright Agent may never reach 508 Software. You ACKNOWLEDGE that if You fail to supply the abovementioned information in Your Notice to the Copyright Agent Your DMCA notice may not be valid.
* Please note that the above procedure is exclusively for notifying 508 Software and its affiliates that Your copyrighted material may have been infringed.
26.3 Counter-Notice. If You believe that Your User Content that was removed (or to which access was disabled) is not infringing, or that You have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and/or use the material in Your User Content, You should send a counter-notice containing the following information to the Copyright Agent:
- Identification of the User Content that has been removed or to which access has been disabled, and the location at which the User Content appeared before it was removed or disabled;
- A statement that You have a good faith belief that the User Content was removed or disabled as a result of mistake or misidentification;
- A statement that You consent to the jurisdiction of the Federal court in the City of Alexandria, Virginia, and a statement that You will ACCEPT service of process from the person who provided Notice of the alleged infringement;
- Your name, mailing address, telephone number, and email address; and
- Your physical or electronic signature.
If a counter-notice is received by the Copyright Agent, 508 Software may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed User Content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the User Content provider, member, or User, 508 Software must replace or restore access to the removed User Content within 10 to 14 business days upon receipt of the counter-notice.
26.4 Trademark Infringement Notice. 508 Software recognizes the importance of trademarks and takes allegations of trademark infringement very seriously. If You are the trademark owner (or the authorized representative of the owner), You can report a claim of trademark infringement to 508 Software at firstname.lastname@example.org, “ATTN: Trademark Infringement”. While 508 Software does not adjudicate disputes between parties in connection with trademark infringement or any other matter, 508 Software will make good faith effort to address Your concerns, including (in some instances) removing the infringing content or disabling access to the infringing content. However, in order to be assured that the claimed content is indeed infringing, 508 Software may require proof from You, such as, for example a trademark registration number or a court order finding trademark infringement. Some Third-Party Material(s) and Products on the Website are created and operated by third-party developers or service providers. As such, 508 Software does not have the ability to control the content made available through these applications or services. If You believe Your trademark has been infringed by a third-party service provider and not 508 Software, You should contact the third party directly with Your concerns.
27. SERVICE ACCESS
If the Website and/or Products are not available for any period or at any time, 508 Software shall not be liable. 508 Software gives no warranties as to the accessibility, performance, or availability of the Website or Products. Temporary suspension of Access to the Website or Products may occur without notice at 508 Software’s sole discretion, including, without limitation, in the case of repair, maintenance, system failure, or for reasons beyond 508 Software’s control. 508 Software reserves the right to suspend the operation of the Website or Products but will only do so on a good faith basis. You AGREE that neither 508 Software nor its third-party providers will be liable to You in any way for the termination, suspension, interruption, or delay of Your Products, or Access to the 508 Software Website or Products.
You hereby AGREE to indemnify and hold harmless 508 Software, its affiliates, officers, directors, agents, and employees, from any expense, loss, claim, damage, fine, penalty, or liability, which includes reasonable attorney fees and other professionals’ costs, which are payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third party, including the assessment, claim or demand by a governmental agency or entity, arising out of User Content or Your breach of any representation, warranty, obligation, or covenant of the Terms of Service, or any Products purchased or obtained by You in connection with the 508 Software Website.
508 Software retains the exclusive right to compromise, pay, and settle, without Your consent, any and all claims or causes of action that are brought against 508 Software. 508 Software also reserves the right, at Your expense, to assume the exclusive control or defense of any matter for which You are required to indemnify 508 Software and You AGREE to cooperate with the defense of these claims. You further AGREE not to settle any matter in which 508 Software is named as a defendant and/or for which You have indemnity obligations under Section 28, hereof, without 508 Software’s prior written consent. 508 Software will use all reasonable efforts to communicate with and notify You of any such action, claim, or other proceeding in an acceptable and timely manner.
508 Software may assign or delegate the Terms of Service, in whole or in part, to any person or entity at any time with or without Your consent. You, however, may not assign or delegate any rights or obligations under the Terms of Service without 508 Software’s prior written authorization and consent, and any unauthorized assignment or delegation by You shall be void and ineffective.
30. AGREEMENT TO DEAL ELECTRONICALLY
All transactions with or through the Website or Products shall, unless initiated otherwise at 508 Software’s option, be conducted and executed electronically. 508 Software may keep records of any type of communication conducted via the Website or Products. You AGREE to receive and send electronic communications with 508 Software which shall include all agreements, disclosures, and notifications. All electronic records are deemed sent when they are properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system under the recipient’s control. All electronic records are received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record.
31.1 Injunctive Relief. You ACKNOWLEDGE and AGREE that any violation or breach of the Terms of Service may cause 508 Software immediate and irreparable harm and damage. As a result, 508 Software has the right to, and may in its sole discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief against You regarding any violation or breach of the Terms of Service. In addition to any and all other remedies available to 508 Software in law or in equity, 508 Software may seek specific performance of any term or condition in the Terms of Service.
31.2 Force Majeure. With the exception of payment obligations, neither You nor 508 Software will be liable for the failure to abide by or to perform an obligation under the Terms of Service, to the extent that such failure is caused by a force majeure event. A force majeure event includes acts of God, unforeseeable action by a governmental entity, civil disturbances, loss of electricity and/or telecommunications, natural disasters, strike, terrorism, war, or any other such extreme event beyond the reasonable control of either You or 508 Software.
31.3 Severability. The Terms of Service will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of the Terms of Service is held to be invalid or unenforceable under applicable law, then (i) such provision will be interpreted, construed, or reformed to the extent necessary to render the same outcome as attempted in the original writing (or as close thereto as possible), and (ii) such invalidity or unenforceability will not affect any other provision of the Terms of Service. However, if any material limitation or restriction is deemed illegal, invalid, or otherwise unenforceable in regards to the User’s License (as outlined in Section 4, above), the License will immediately terminate.
31.4 Waiver; Terms of Service Rights. In the case 508 Software or You waive any breach or rights under the Terms of Service, this waiver will affect only that particular situation and will not waive any other future breach or rights. Additionally, the failure of 508 Software to enforce the Terms of Service under strict performance will not be construed as a waiver of 508 Software’s rights and remedies, herein, nor shall the particular failure to enforce said situation stand as precedent that 508 Software does not enforce the Terms of Service under strict performance. 508 Software fully intends to enforce the Terms of Service in strict performance; however, 508 Software reserves the right to enforce and waive breaches, remedies, and rights on a case-by-case basis. Any such waiver, as discussed above, must be made in writing and executed by 508 Software, and when appropriate You, in order for any effect to be given to said waiver. No waiver will be effective without 508 Software’s authorized signature, and when Your signature is required, no waiver also will be effective without Your authorized signature, unless 508 Software can prove reasonable efforts were given or bad faith is at issue.
31.5 Governing Law and Jurisdiction. The Terms of Service shall be governed by and construed and enforced in accordance with the laws of the Commonwealth of Virginia without reference to conflicts of law rules and principles. In the event of a dispute arising from or relating to the subject matter of the Terms of Service, suit may be brought only in the United States District Court for the Eastern District of Virginia, Alexandria Division, provided that, in the event that suit may not be brought in the United States District Court for the Eastern District of Virginia, Alexandria Division, suit may be brought in any court of competent jurisdiction in the Commonwealth of Virginia. You further AGREE to submit to the personal jurisdiction of any such court in the Commonwealth of Virginia for purposes of adjudicating any dispute arising from or relating to the subject matter of the Terms of Service and You AGREE to accept service of process in connection with any such suit. You also AGREE to the exclusive jurisdiction of the courts of the Commonwealth of Virginia for any claim or cause of action arising out of, relating to, or in connection with the Terms of Service or the Website or Products, provided that such exclusivity does not apply to legal actions initiated or brought by 508 Software. The Terms of Service shall not be governed by the United Nations Convention on Contracts (CISG), the application of which is expressly excluded.
31.6 Entire Agreement. The Terms of Service, if not superseded by the most recent version (by calendar date of implementation) of 508 Software’s Terms of Service, constitute the entirety of the agreement between 508 Software and You pertaining to the Access and Use the Website and Products. As stated in Section 31.4, no waivers will be given effect that are not in writing and no other documents shall be consulted or are necessary in interpreting this agreement between 508 Software and You, besides the Terms of Service. Unless allowed for or excepted by the Terms of Service, the agreement between You and 508 Software is wholly contained, herein.
508 SOFTWARE DOES NOT BEAR ANY RESPONSIBILITY NOR ASSUMES ANY RISKS IF, BY ANY REASON, A PRODUCT OR A SERVICE MADE AVAILABLE ON THE WEBSITE BREACHES NATIONAL LAW OF ANY COUNTRY. THOSE WHO ACCESS OR USE THE WEBSITE OR PRODUCTS DO SO AT THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH THEIR OWN NATIONAL LAWS.
General Feedback to 508 Software may be submitted at email@example.com, or as outlined in Section 25, above.
Copyright © 2019 508 Software LLC All rights reserved. The Website and Products and accompanying products and documentation are the copyrighted property of 508 Software LLC and/or its Licensors and protected by copyright laws and international intellectual property treaties. 508 Software™, CleverFiles®, and Disk Drill®, related logos, and all related product and service names, design marks and slogans are the trademarks and/or registered trademarks of 508 Software LLC All other product and service marks contained herein are the trademarks of their respective owners. Any use of the 508 Software LLC or third-party trademarks or logos without the express prior written consent of 508 Software LLC or the applicable trademark owner is strictly prohibited.