1. Acceptance of Terms
The following are terms of a legal agreement between Recovery Point and you (the “Terms”) regarding the use of Recovery Point’s web site (the “Site”). By accessing, browsing and/or using this Site, you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, do not use this Site.
This Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Site may contain technical inaccuracies or typographical errors.
Information may be changed or updated without notice. Recovery Point may also make improvements and/or changes in the products and/or the programs described in this Site at any time without notice.
Recovery Point may update these Terms from time to time. Each time you use the Site you will be operating under the Terms as they exist as of the time of use. Please check these terms prior to each use of our Site.
The Terms are entered into by and between Recovery Point and you. If you currently have in effect a separate written purchase or license agreement with Recovery Point for a service, that agreement shall govern the use of that service to the extent in conflicts with these Terms.
2. General – Intellectual Property Rights – Restrictions on Use
This Site contains proprietary notices and copyright information, the terms of which must be observed and followed.
All information, documents, products, software, services and other materials (the “Materials”) provided on this website are the property and copyrighted work of Recovery Point or a third party developer, author, manufacturer or vendor (the “Third Party Provider”). Except as stated in these legal terms, none of the Materials may be copied, downloaded, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying or recording, without the prior express written permission of Recovery Point or the Third Party Provider. No part of this Site, including but not limited to any logo, graphic, sound or image, may be reproduced or retransmitted in any way, or by any means, without the express prior written consent of Recovery Point.
Except for the limited permission in the preceding paragraph, Recovery Point does not grant you by estoppel, implication or otherwise, any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this Site on any other website or in any other media. Any software and other materials that are made available for downloading, access, or other use from this Site with their own license terms will be governed by such terms, conditions and notices. Your failure to comply with such terms or any of the terms on this Site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession, custody or control.
“Recovery Point Marks” refers to any names, marks, brands, logos, designs, slogans, trademarks, services marks and other designations Recovery Point uses in connection with its products or services.
“Recovery Point” is a registered service mark of Recovery Point Systems, Inc.
Designation of Agent to Receive Notification of Claimed Infringement under the Digital Millennium Copyright Act (“DMCA”)
Pursuant to Title 17, United States Code, Section 512 (c)(2), notifications of claimed copyright infringement should be sent to Recovery Point’s Designated Agent, details provided below.
Individuals who believe that their intellectual property rights have been infringed on the Site, may contact Recovery Point and request that the infringing material be removed or access to it blocked. Recovery Point will investigate those complaints. Please note that this procedure is exclusively for notifying Recovery Point that you are the owner of the copyright interest. Please provide our Designated Agent the written information a specified below:
-A description of the copyrighted work that you claim has been infringed upon.
-A description where the material is located (i.e., IP Address; URL) that you claim is infringing is located.
-Your address, telephone number and e-mail 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 above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
-As applicable under 17 U.S.C. 512(f), a statement by you that you acknowledge you may be subject to liability for damages if you knowingly materially mispresent that the material or activity is infringing.
Recovery Point’s Designated Agent for notice of claims of copyright infringement is as follows:
Recovery Point Legal
75 Watkins Mill Road
Gaithersburg, MD 20878-4021
Use of the Site or services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Site, or any processes that run or are activated while the user is not logged in.
The Site is owned and operated in the United States by Recovery Point. If you choose to access this Site from another country, you do so on your own initiative and are responsible for compliance with local laws. Software from this Site is subject to United States export controls. No software from this Site may be downloaded or otherwise exported or re-exported in violation of any United States export controls or other applicable laws. By downloading or using any software, you represent and warrant that you are doing so in compliance with United States export controls another applicable laws.
Although Recovery Point has attempted to provide accurate information on the Site, Recovery Point assumes no responsibility for the accuracy of the information. Recovery Point may change the programs or products mentioned at any time without notice. Mention of non- Recovery Point products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.
ALL MATERIALS ARE PROVIDED “AS IS” WITHOUT ANY WARRANITES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
IN NO EVENT SHALL RECOVERY POINT, ITS SUPPLIERS, OR THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS OR THE RESULTS OF USE OF THIS WEBSITE, ANYWEB SITES LINKED TO HIS WEBSITE, EVEN IF RECOVERY POINT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18USC 2701-2711): RECOVERY POINT MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEB-SITE LINKED TO THE SITE. Recovery Point will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Recovery Point’s equipment, transmitted over networks accessed by this Site, or otherwise connected with use of the services.
4. Links to Third Party Sites
This Site may contain links to third party sites. Access to any other Internet site linked to this Site is at the user’s own risk and Recovery Point is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. Recovery Point provides these links merely as a convenience and the inclusion of such links does not imply an endorsement of the site, third party or its products. Recovery Point reserves the right to terminate any link or lining program at any time.
5. Access to Password-Protected and/or Secure Areas
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution. Access to Password Protected and/or Secure Areas is subject to consent to Recovery Point’s terms and conditions.