AllSafe Security ensures that the Software does not contain any malicious code designed to compromise your computer data or obtain private information. Additionally, the Software will not track or monitor your computer usage. Specifically, the Software will not (1) collect information about the use of other software or documents unrelated to the Software; or (2) disclose any of your private data to third parties. You agree to AllSafe Security's use of your data in accordance with the AllSafe Security Privacy Policy, which is incorporated herein by reference. For more details on AllSafe Security's data protection and collection practices, please review the AllSafe Security Privacy Policy.
The Software has been thoroughly tested, but AllSafe Security cannot guarantee full compatibility with all devices. If you encounter compatibility issues, please contact AllSafe Security's Support Center for technical assistance. If the issue persists, uninstall the Software.
In no event will AllSafe Security be liable for any damage caused by conflicts with previously installed software or by the operation of the Software, including but not limited to direct or indirect personal loss, business profit loss, trade suspension, business information loss, or any other financial loss, except for the repair of manufacturing defects in the Software.
AllSafe Security shall not be liable for any losses due to third-party communication errors, technical problems, network or computer failures, system instability, or other force majeure events.
If you violate this Agreement or related Terms of Service, resulting in any claims, damages, or losses to AllSafe Security, we may take measures including but not limited to discontinuing your Software license, terminating service provision, restricting Software use, or taking necessary legal or administrative actions.
AllSafe Security cannot guarantee that the Software is free from disguised malware if downloaded from sources other than the AllSafe Security website. We will not be liable for any direct or indirect damage caused by copies obtained from third parties.
AllSafe Security expressly disclaims any implied warranties and conditions, including, without limitation, implied warranties of merchantability, damages for loss of goodwill, work stoppage, data loss, device failure or malfunction, fitness for a particular purpose, title, non-interference, accuracy of data, integration, and non-infringement of third-party rights. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.
AllSafe Security does not warrant that the Software will be uninterrupted or error-free or that any errors will be corrected. AllSafe Security does not warrant that the Software will meet your requirements. Except as expressly stated in this Agreement, AllSafe Security disclaims all other warranties, express or implied, regarding the Software, enhancements, maintenance, or support related thereto, or any other materials or services supplied.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In no case shall AllSafe Security's liability exceed the purchase price paid for the Software.
If you are dissatisfied or harmed by AllSafe Security or any part of the AllSafe Security website, you may uninstall the Software, close your AllSafe Security account, or discontinue using the AllSafe Security website, and such discontinuance shall be your sole and exclusive remedy.
As a condition of using the Software, you agree to indemnify AllSafe Security, its affiliates, partners, officers, directors, employees, and agents from any and all actions, claims, losses, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from your violation of any term of this Agreement. This obligation will survive the termination of this Agreement and your use of the Software.
The Agreement shall be governed by the laws of the state of New York, excluding its conflicts of law rules.
For any disputes with AllSafe Security, you agree to first attempt to resolve the dispute informally. If informal resolution fails, we agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with this Agreement by binding arbitration through the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes. Unless agreed otherwise, arbitration will be conducted in New York. Each party will be responsible for paying AAA filing, administrative, and arbitrator fees per AAA rules, except that AllSafe Security will cover reasonable fees for claims not exceeding $5000 and deemed non-frivolous. The arbitrator's award may include arbitration costs, reasonable attorneys' fees, and costs for expert witnesses, and may be entered in any court of competent jurisdiction. Nothing in this section prevents either party from seeking injunctive or other equitable relief related to data security, intellectual property, or unauthorized access using the Software.
ALL CLAIMS MUST BE BROUGHT INDIVIDUALLY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS OTHERWISE AGREED, THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS. BY ENTERING INTO THIS AGREEMENT, YOU AND ALLSAFE SECURITY WAIVE THE RIGHT TO A JURY TRIAL OR PARTICIPATE IN A CLASS ACTION.
This Agreement constitutes the entire agreement between you and AllSafe Security governing your use of the Software. Additional terms may apply when you use or purchase other AllSafe Security products, services, or third-party content.
If any provision of this Agreement is deemed illegal, invalid, or unenforceable, that provision will be severable without affecting the enforceability of the remaining provisions.
AllSafe Security may modify this Agreement to comply with changes in relevant laws, regulations, or business practices. We will notify you of modifications on our website (AllSafe Security Website) and with the latest Software version. Continued use of the Software constitutes acceptance of the modified Agreement.
This Agreement and any rights or licenses granted may not be transferred or assigned by you except as explicitly provided, but AllSafe Security may assign them without restriction.
AllSafe Security may send legal notices and other communications via in-product notices, email to the registered address, or postings on the AllSafe Security website. By accepting this Agreement, you consent to receive Communications electronically and acknowledge that you can access them on the AllSafe Security website.
