Binding Agreement
By accessing all or any part of this Site of the Microspyware (hereinafter referred to as the”Home Protection Guide” or “we”), you agree to be bound by these Terms and Conditions (this “Agreement”) and the Privacy Policy posted on this Site. If you do not agree to be bound by these Terms and Conditions and the Privacy Policy you should not access or view this Site. In addition, this Site is intended only for users that are at least 13 years old and by accessing this Site, you warrant that you are at least 13 years old.
Amendment and Updates to Terms and Conditions
Each time a user accesses and views the Site, the Terms and Conditions of Use and the Privacy Policy should be reviewed because Microspyware reserves the right to change them from time to time without notice. Your continued use of the Site immediately after such changes are posted on the Site constitutes your acceptance of such change.
Updates and Modifications
Content and materials on this Site may be changed, removed or updated at any time without notice. While Microspyware uses reasonable efforts to maintain the accuracy of the content and information on this Site, the possibility exists that some materials could include errors, inaccuracies, or out of date information.
Ownership of Content and Marks; Trademarks and Copyrights; Limitations
The contents of this Site are copyrighted by Microspyware. All rights are reserved. All information, materials, contents, publications, services, text, pictures, photographs, audio, video, graphics, logos, marks, images, applications and downloadable software (the “Content”) are owned or licensed by Microspyware, and you agree that you have no rights with respect to the Content, except the limited and revocable rights provided by the Site to access and use the Content as provided in these Terms and Conditions and in any terms and conditions and licenses applicable to any particular Content, such as downloadable software and applications. You shall not copy any of the Content, except you may make one copy (other than with respect to any software or applications) for your own personal use, provided that such copy contains any notices that are in the original, such as copyright, trademark or other proprietary notices. You shall not modify or distribute materials contained on this Site. You shall not exploit, use for commercial purpose, alter, modify, transmit, display, link to, perform, reproduce, frame, reuse, post, publish, sublicense, transfer, or sell or create any derivative works from any Content displayed on, made available or obtained from this Site, in any manner without the prior written authorization of the Microspyware.
Home Protection Guide’s name, logo, and other marks used in connection with its products and services are trademarks of Microspyware and are protected by U.S. and international trademark laws. You may not use any of Home Protection Guide’s trademarks without the express written consent of Microspyware. The names of all other products and services mentioned on this Site may be trademarks or service marks of their respective owners.
You shall not use or attempt to use any “scraper”, “robot”, “bit”, “Spider”, “data mining”, code or any other automated device, program, tool, algorithm, process or methodology to access, acquire, copy or monitor any portion of the Site or any of the Content, without the express written consent of the Microspyware.
You are prohibited from using any of the Content to harass, advertise, solicit, contact or sell to any individual or entity.
Interactive Areas
Home Protection Guide’s forums, bulletin boards and chat rooms are provided to give users forums in which they can express their opinions and share their ideas. All opinions, comments, ideas, reviews and feedback posted on this Site by you are owned by Microspyware and to the extent not owned, you grant Microspyware a royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, sublicense and display such opinions, comments, ideas, reviews and feedback throughout the world in any form, media, software or technology of any kind. You also grant Microspyware the right to use your name in connection with the reproduction or distribution of such material.
Microspyware is free to use, without compensation of any kind, all opinions, comments, ideas, reviews and feedback provided by or on behalf of you in any manner and for any purpose whatsoever, including but not limited to developing, distributing and marketing products, applications or services incorporating or based on such opinions, comments, ideas, reviews and feedback.
You represent and warrant that with respect to all content, comments and information posted on this site by or on behalf of you, (“User Provided Content”) that you have the right to post the User Provided Content on this Site and all User Provided Content shall not infringe or misappropriate or violate any third party’s intellectual property rights or proprietary rights and shall not be defamatory, harassing, libelous, obscene or pornographic or violate any third party’s privacy policy.
Links to this Site
Without the express written consent of Microspyware, no other site has the right to link to or frame to this Site.
Disclaimers
THIS SITE AND THE CONTENT, SERVICES, APPLICATIONS, SOFTWARE AND MATERIALS PROVIDED ON OR THROUGH USE OF THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. ALL CONTENT, SERVICES, APPLICATIONS, SOFTWARE AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HOME PROTECTION GUIDE DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS WITH RESPECT TO THIS SITE, CONTENT, SERVICES, AND THE MATERIALS PROVIDED ON OR THROUGH USE OF THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY AND FITNESS FOR ANY PARTICULAR PURPOSE. HOME PROTECTION GUIDE MAKES NO WARRANTIES, REPRESENTATION OR GUARANTEES OF ANY KIND WITH RESPECT TO THE CONTENT, SERVICES, APPLICATIONS, SOFTWARE AND MATERIALS PROVIDED ON OR THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, NO WARRANTIES ABOUT THE CORRECTNESS, ACCURACY OR TIMELINESS OF ANY CONTENT. HOME PROTECTION GUIDE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT, SERVICES, APPLICATIONS, SOFTWARE OR MATERIALS PROVIDED ON OR THROUGH USE OF THE SITE. HOME PROTECTION GUIDE DOES NOT GUARANTEE THAT THE SITE OF THE CONTENTS, SERVICES, APPLICATIONS, SOFTWARE OR MATERIALS PROVIDED ON OR THROUGH USE OF THE SITE WILL BE ACCESSIBLE, UNINTERRUPTED, WITHOUT DELAY, ERROR OR OMISSION OR FREE OF VIRUSES OR HARMFUL CODE. YOU ASSUME ALL RISKS ASSOCIATED WITH THE USE AND OPERATION OF THE SITE AND ALL CONTENT, SERVICES, APPLICATIONS, SOFTWARE AND MATERIALS PROVIDED ON OR THROUGH USE OF THIS SITE.
Limitation of Liability
IN NO EVENT SHALL HOME PROTECTION GUIDE, ITS AFFILIATES AND ITS AND THEIR OFFICERS, DIRECTORS, TRUSTEES, AGENTS, REPRESENTATIVES, VOLUNTEERS AND EMPLOYEES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR LOSS OF PROFITS OR COST OF SUBSTITUTE GOODS) IRRESPECTIVE OF THE FORM OF ANY ACTION, INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE CONTENT, THE SERVICES, THE APPLICATIONS, THE SOFTWARE OR THE MATERIALS PROVIDED ON OR THROUGH USE OF SITE. IN THE EVENT THAT HOME PROTECTION GUIDE, OR ANY OF ITS AFFILIATES OR ANY OF ITS OR THEIR OFFICERS, DIRECTORS, TRUSTEES, AGENTS, REPRESENTATIVES OR EMPLOYEES IS DETERMINED TO HAVE ANY LIABILITY WITH RESPECT TO THE SITE OR THE CONTENT, SERVICES, APPLICATIONS OR MATERIALS PROVIDED ON OR THROUGH USE OF THE SITE, HOME PROTECTION GUIDE’S AND ITS AFFILIATES’, ITS AND THEIR OFFICERS’, DIRECTORS’, TRUSTEES’, AGENTS, REPRESENTATIVE’S AND EMPLOYEES’ AGGREGATE LIABLITY TO ANY AND ALL USERS OF THE SITE OR ANY OF THE CONTENT, SERVICES, APPLICATIONS, SOFTWARE OR MATERIALS PROVIDED ON OR THROUGH USE OF THE SITE SHALL NOT EXCEED FIVE DOLLARS ($5.00).
Infringement Policy
Microspyware reserves the right, but not the obligation, to terminate your right to use the Site if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. In addition, pursuant to 17 U.S.C. Section 512(c), Microspyware has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Digital Millennium Copyrights Act. All claims of infringement must be submitted in a written complaint that complies with the requirements below and is delivered to our designated agent to receive notification of claimed infringement:
Microspyware
2815 2nd Ave,
Seattle, Washington, 98121,
United States.
Email: [email protected]
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:
1. A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the Site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials.
Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
1. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.
2. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
3. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
No Endorsements by Employees or Other Entities with a Financial Interest in Microspyware
If you are an employee, shareholder, director or officer or relative of an employee, shareholder, director or officer of Microspyware, you should not post on the Site any endorsements, testimonials or other evaluations with respect to the Microspyware or any content, products or services provided by the Microspyware.
Indemnity
You agree to indemnify and hold harmless Microspyware, its affiliates and our and their affiliate’s respective officers, directors, trustees and employees (individually and collectively, the “Indemnified Parties”) from and against any and all liabilities, damages, costs, losses, claims, demands and expenses (including, without limitation, reasonable attorney’s fees) that any or all of the Indemnified Parties may incur arising out of or relating to (i) the breach by you of any of the terms contained in this Agreement or the Privacy Policy; or (ii) any User Provided Content.
General
This Agreement constitutes the entire agreement between Microspyware and all users of this Site with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral.
If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. No waiver of these terms will be valid, except in the event that the waiver is in writing and signed by an officer of Microspyware Products.
Contact the Microspyware
If you have any questions about this Agreement, the practices of this Site, your dealings with the Site or about the work of the Microspyware, you may contact us at [email protected] or by writing to us at:
Microspyware
2815 2nd Ave,
Seattle, Washington, 98121,
United States.