TERMS OF SERVICE FOR
THREAT RESEARCH SERVICES
YOU ARE CONSIDERING WHETHER TO UPLOAD ONE OR MORE FILES TO WEBROOT INC. OR ITS AFFILIATES OR SUBSIDIARIES (“WEBROOT”) SO THAT WEBROOT’S THREAT RESEARCH TEAM MAY ATTEMPT TO IDENTIFY WHETHER SUCH FILES CONTAIN MALWARE OR OTHER SECURITY RISKS (THE “THREAT RESEARCH SERVICES”). AS USED HEREIN, THE WORD “YOU” MEANS YOU AS AN INDIVIDUAL AND, IF APPLICABLE, THE COMPANY ON BEHALF OF WHOM YOU ARE USING (OR FACILLIATING THE USE OF) THE THREAT RESEARCH SERVICES AS AN EMPLOYEE OR AGENT.
YOU MAY ONLY UPLOAD YOUR FILES, AND WEBROOT WILL ONLY PROVIDE THE THREAT RESEARCH SERVICES, IF YOU AGREE TO THESE TERMS OF SERVICE (“TERMS”). THEREFORE, BEFORE YOU CLICK THAT YOU HAVE READ AND DO AGREE TO BE BOUND BY THESE TERMS, PLEASE CAREFULLY READ THESE TERMS. BY CLICKING THAT YOU HAVE READ AND DO AGREE TO BE BOUND BY THESE TERMS, YOU: (1) REPRESENT THAT YOU ARE OVER THE AGE OF 18 AND HAVE THE CAPACITY AND AUTHORITY TO ENTER INTO THESE TERMS AND BIND YOURSELF TO SUCH TERMS; (2) REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND YOUR EMPLOYER TO THE TERMS IF YOU ARE REQUESTING THE THREAT RESEARCH SERVICES ON BEHALF OF A BUSINESS OR ENTITY; (3) REPRESENT THAT YOU HAVE FULL USE OF, AND ACCESS AND LEGAL RIGHTS TO, THE FILES AND THE CONTENT THEREIN THAT YOU MAY UPLOAD; (4) HAVE COMPLETED A BACK-UP OF OR RETAIN A COPY OF ANY FILE AND THE CONTENT THEREIN THAT MAY BE UPLOADED; AND (5) CONSENT, ON BEHALF OF YOURSELF AND YOUR EMPLOYER, IF APPLICABLE, TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, OR DO NOT REPRESENT THE FOREGOING, YOU MAY NOT UPLOAD YOUR FILES AND MAY NOT RECEIVE THE THREAT RESEARCH SERVICES.
WEBROOT MAY UPDATE THESE TERMS AT ITS DISCRETION AND IT IS YOUR RESPONSIBILITY TO READ AND REVIEW THESE TERMS EACH TIME YOU UPLOAD YOUR FILES AND RECEIVE THE THREAT RESEARCH SERVICES. WEBROOT RESERVES THE RIGHT TO REFUSE, ALTER, OR DISCONTINUE THE THREAT RESEARCH SERVICES AT ANY TIME.
- Files and Content. Each file that you upload to Webroot (each, a “File”), and the content within such File (“Content”) is your property. Except for material that Webroot has licensed to you, Webroot doesn’t claim any ownership in any File or Content that is uploaded or transmitted by you to Webroot. Webroot only uses the Files and Content for purposes of: (a) providing the Threat Research Services; and (b) providing other security services and products to you and Webroot’s other customers (collectively, the “Services”). IF YOU SUBMIT FILES TO WEBROOT, YOU DO SO AT YOUR OPTION AND AT YOUR OWN RISK. WEBROOT DOESN’T VERIFY OR ENDORSE THE CONTENT THAT IS CONTAINED WITHIN YOUR FILES AND IS NOT RESPONSIBLE FOR SUCH CONTENT. IF YOU SUBMIT A FILE TO WEBROOT CONTAINING CONTENT THAT INCLUDES PERSONAL INFORMATION, RESPONSIBILITY FOR SUCH SUBMISSION RESTS SOLELY WITH YOU.
- Licensed Rights. In order to provide the Services, Webroot needs certain rights in your Files and Content. As such, by clicking that you have read and do agree to be bound by these Terms, you hereby grant to Webroot a worldwide, non-exclusive, transferable, sublicensable, royalty-free, perpetual, irrevocable right and license, without compensation to you, to: use, reproduce, adapt (including edit, modify, translate, and reformat), create derivative works of, and transmit your Files and Content, in any media now known or hereinafter developed, for purposes of providing the Services. For each File, and the Content therein, you represent and warrant that you have all rights necessary for you to grant the licenses herein. You further represent and warrant that each File, and the Content therein, comply with all applicable laws, rules and regulations.
- DISCLAIMER OF WARRANTIES. IT IS YOUR SOLE RESPONSIBILITY TO COMPLETE A BACKUP OF, OR RETAIN A COPY OF, ALL FILES AND CONTENT BEFORE UPLOADING SUCH FILES AND CONTENT AND RECEIVING THE THREAT RESEARCH SERVICES. YOU ACKNOWLEDGE THAT THERE IS A POSSIBILITY THAT WEBROOT’S EFFORTS TO PERFORM THE THREAT RESEARCH SERVICES ON YOUR FILES MAY RESULT IN DAMAGE TO YOUR FILES AND/OR ANY CONTENT. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE THREAT RESEARCH SERVICES IS AT YOUR SOLE AND COMPLETE RISK. THE THREAT RESEARCH SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS, AND WEBROOT AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH REGARD TO THE THREAT RESEARCH SERVICES. TO THE MAXIMUM EXTENT ALLOWED BY LAW, WEBROOT AND ITS LICENSORS HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES WITH REGARD TO THE THREAT RESEARCH SERVICES, WHETHER EXPRESS, STATUTORY, OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, INFORMATIONAL CONTENT, AND SYSTEM INTEGRATION.
- LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WEBROOT BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, OR FOR ANY LOST PROFITS OR LOST DATA, RELATING TO OR ARISING OUT OF THE THREAT RESEARCH SERVICES, EVEN IF WEBROOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO CASE WILL WEBROOT’S AGGREGATE LIABILITY TO YOU EXCEED $50.00 OR THE EQUIVALENT AMOUNT IN THE APPLICABLE CURRENCY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
- Proprietary Rights. Webroot reserves and retains ownership of all proprietary and intellectual property rights in the Threat Research Services and in all trade names, trademarks and service marks displayed with the Threat Research Services.
- Indemnity. You agree to indemnify, hold harmless, and release Webroot, its affiliates and subsidiaries, and its and their directors, officers, employees, agents, and suppliers, from and against any and all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees, arising from or relating to your Files, or the Content therein, and your use of the Threat Research Services.
- Governing Law. For any action relating to these Terms, you agree to the following governing law (without regard to conflicts of laws principles) and exclusive jurisdiction and venue, according to your location. United States or Canada: State of Colorado governing law, and jurisdiction and venue in the courts of Denver, Colorado. Outside of the United States or Canada (except Japan): Republic of Ireland governing law, jurisdiction and venue in the courts of Dublin, Ireland. Japan: Japan governing law, jurisdiction and venue in the Tokyo District Court.
YOU ACKNOWLEDGE THAT YOU HAVE READ AND DO UNDERSTAND THESE TERMS. CLICK THE BOX STATING “I HAVE READ AND AGREE TO BE BOUND BY THE TERM AND CONDITIONS” TO ACCEPT THE TERMS AS SET FORTH ABOVE. DO NOT CLICK SUCH BOX AND DO NOT USE THE THREAT RESEARCH SERVICES IF YOU DO NOT ACCEPT THE TERMS AS SET FORTH ABOVE.