Terms & Conditions for the Use of Services of Backup 4 Less
Backup 4 Less (also referred to as "we", "us" or "our") is willing to provide the services for which you register (the "services") and to license to you certain software programs and user documentation that are required for your use of the services (collectively, the "software") only upon the condition that you accept all of the terms of this User Agreement. PLEASE READ CAREFULLY THE TERMS AND CONDITION OF THIS AGREEMENT BEFORE INSTALLING ANY SOFTWARE OR ACCESSING ANY OF THE SERVICES. BY DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE OR ACCESSING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AS WELL AS ANY OTHER SUBSEQUENT MODIFICATIONS TO THIS AGREEMENT. IN THE EVENT YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT INSTALL THE SOFTWARE OR ACCESS THE SERVICES. IF YOU ARE CURRENTLY A SUBSCRIBER TO OUR SERVICES, THEN YOU MUST TERMINATE YOUR USE OF OUR SERVICES AND DISCONTINUE USE OF THE SOFTWARE. IT IS ADVISABLE TO RETAIN A COPY OF THIS AGREEMENT FOR YOUR PERSONAL RECORDS.
The software includes (i) "Server Software" that includes the software necessary to provide the services to you, and (ii) "Client Software" that allows your personal computer to access the server software and use the services provided by the server software. Under the terms of this Agreement, Backup 4 Less, grants you the non-exclusive, non-transferable, limited license to (a) download and use one copy of the client software on any personal computer that you own, as long as it is used in connection with your use of such services; (b) copy the client software onto any computer for back-up purposes in support of your use of the client software and services, after successfully registering for such services; and (c) to transfer the client software and license to another party as long as you and such other party comply with the terms set forth in this Agreement. Any other use of the software is strictly prohibited. You may not use, copy, modify, translate, adapt, disclose, or transfer the software or any copy, in whole or in part, except as expressly provided in this Agreement. You agree not to make any attempt to decompile, disassemble or reverse engineer the software or otherwise discover or derive the source code or underlying processes, ideas, structure, organization, or algorithms of the software.
All intellectual property rights in the software and user documentation are owned by Backup 4 Less and as applicable its suppliers and are protected by United States copyright laws and other applicable laws as well as international treaty provisions. Backup 4 Less and its suppliers retain all rights not expressly granted in the terms of this Agreement.
Subscriptions to the services provided at Backup 4 Less are either on an annual or a month to month basis based on the plan that you select when you register. Subscriptions will be automatically renewed for your convenience unless cancelled by you prior to the end of your subscription term. Each of the subsequent renewals will be considered to be a separate, new subscription period. Subscriptions are considered pre-paid and will be completely non-refundable for the subscription period. Backup 4 Less reserves the right to change our prices for subscription plans at any time. The new pricing shall become effective in the subsequent subscription period following the modification of the price terms for the services.
As payment, we accept Visa, MasterCard, Discover, American Express credit cards and PayPal for payment. You must provide all relevant information as requested in the account registration process in order for us to process your payment for your subscription term. Through your submission of a credit card number to Backup 4 Less, you represent and warrant that your use of the particular card number is authorized and that all information you submit is true and correct (including without limitation your credit card number and expiration date). In doing so, you also authorize us to charge to the payment card that you tendered ("Your Card") for our services based on the subscription plan that you have selected (including all subsequent renewal periods). The payment charged to your card will include all applicable fees, taxes, tariffs, and any other monies that we are required to collect by law. REMEMBER THAT ALL SUBSCRIPTIONS PAID BY YOUR CARD ARE AUTOMATICALLY RENEWED UNLESS CANCELLED BY YOU PRIOR TO THE END OF YOUR SUBSCRIPTION PERIOD. All fees are to be prepaid prior to the subscription period and will be charged on the first business day of the month of the subscription period anniversary for which the fee is applicable.
If you pay by credit card, you expressly authorize Backup 4 Less to automatically renew your subscription and charge your card for the same subscription period that was last purchased by you. This will continue to occur each time the appropriate subscription period is due to expire unless you instruct us not to continue the billing in accordance with these Terms and Conditions. In order for us not to continue to bill your card for additional subscription periods, you must contact us in writing at our Billing Department at email@example.com
and notify us that you wish to terminate or cancel your subscription or that you wish to change your subscription period. You further agree that you shall update your account information including, but not limited to the expiration date of your card. If we are unable to process your card for any reason, you will be notified by the email and/or phone number that we have on file for you. Past due accounts that are not brought current within 5 days of the notice are subject to suspension or possible termination of the account. There will be a $20 re-activation fee on any account that is suspended and later reactivated. Your card issuer agreement governs the use of your card in connection with software and services and you must refer to that agreement with respects to your rights and liabilities as a cardholder. If we do not receive payment from your card issuer or its agent, you agree to pay us all amounts due upon demand by us. We will send all notices to the email address given to us at the time of registration. We reserve the right not to renew your account at any time for any reason.
Please note that our acceptance of any partial payment by you is NOT a waiver of our rights to collect the full balance owed to us. If we are required to use a collection agency or attorney to collect money owed by you or to assert any legal right that we may have against you, you agree to pay the reasonable costs of collection or other action. Such fees may include, but are not limited to, the cost of a collection agency, reasonable attorney's fees, arbitration, and any relevant court cost
THE SOFTWARE AND THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, ACCURACY OR COMPLETENESS OR INFORMATION CONTENT AS WELL AS FITNESS FOR A PARTICULAR PURPOSE.
UNDER NO CIRCUMSTANCES WILL Backup 4 Less BE LIABLE FOR DATA WHICH WAS NEVER SENT TO THE OPERATIONS CENTER BY THE SOFTWARE. IT IS ADVISIBLE TO CHECK THE LOG FILE TO VERIFY THAT THE DESIRED FILES HAVE BEEN TRANSMITTED TO THE OPERATIONS CENTER.
IN NO EVENT WILL Backup 4 Less BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, EXPENSES, LOST PROFITS, LOST SAVINGS, LOST REVENUES, OR OTHER DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE AND SERVICES.
Backup 4 Less DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE AND/OR SERVICES WILL BE ABLE TO MEET YOUR SPECIFIC REQUIREMENTS AS A USER. THAT THE OPERATION OF THE SOFTWARE AN/OR SERVICES WILL BE AVAILABLE, UNINTERRUPTED, OR ERROR FREE. THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE OR THERE SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE AND SERVICES TO ACHIEVE YOUR INTENDED RESULTS; AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED.
OUR TOTAL LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO DAMAGES ACTUALLY INCURRED BY YOU AND SHALL NOT EXCEED THE FEES ACTUALLY PAID BY YOU AND RECEIVED BY US FOR THE MONTH IN WHICH YOUR DAMAGES FIRST OCCURED. THIS LIMITATION IS INDEPENDENT OF ANY OTHER LIMITATION FOUND IN THIS AGREEMENT.
By signing up for the services at Backup 4 Less and through the use of its services, you agree to: (i)provide true, accurate, current and complete information about you as prompted by the online registration form for the services ("the registration data") and (ii) maintain and promptly update the registration data to keep it true, accurate, and complete.
You represent that you have the legal capacity to enter into this Agreement (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract,) and that you are not entering into this Agreement as a result of any duress or any other influence that would prevent you from assenting to the terms of this Agreement.
You agree to be responsible solely for the use of your account, as well as the use of your user ID and password. It is your responsibility to use unique and secure account information to maintain the security of your account.
During the term of this Agreement, you will not use the software and/or the services for information, data, or material that: (a) infringes on the intellectual property rights of any third party or any rights of publicity or privacy; (b) violates any law, statute or ordinance or regulation; (c) is defamatory, trade libelous, unlawfully threatening, or unlawfully harassing; (d) is obscene, indecent or in violation of the applicable standards of obscenity set forth in Miller v. California (1973); (e) is provided in breach of any prior contractual commitment to a third party, and (f) contains any virus or other harmful programming intended to damage any system or data.
This Agreement will be governed by the laws of the State of California without regard to the conflict of laws provisions thereof, as it is both the place of incorporation of Backup 4 Less as well as its principle place of business. YOU AND Backup 4 Less AGREE AND HEREBY SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE APPROPRIATE STATE AND FEDERAL COURTS LOCATED IN LOS ANGELES, CALIFORNIA, USA WITH RESPECT TO SUCH MATTERS.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW PROVIDED FOR UNDER CALIFORNIA LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE USE OF SOFTWARE AND/OR THE SERVICES, OR ANY PART THEREOF, OF THIS AGREEMENT, MUST BE FILED WITHIN (1) ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR SHALL FOREVER BE BARRED.
The failure of use to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. We may assign our rights and obligations under this Agreement, without notice, to any party or its affiliate acquiring all or substantially all of the assets or stock by merger of us. This Agreement however, may not be assigned by you without our prior written consent except as expressly permitted in this Agreement.
This Agreement, as well as the other user policies as provided for on the Backup4less web site, shall constitute the entire agreement between you and Backup 4 Less with respect to the use of our services or any other subject matter included hereof. Backup 4 Less reserves the right to revise, amend, or modify the terms of this Agreement as well as other user policies and agreements at any time and without prior notice.
BY DOWNLOADING AND INSTALLING THE SOFTWARE, I CERTIFY THAT I HAVE READ AND UNDERSTOOD THIS AGREEMENT IN ITS ENTIRETY, AND THEREBY AGREE TO BE COMPLETELY BOUND BY ITS TERMS AND CONDITIONS.