[ PROTECTWISE ]

Terms of Service

These Terms of Service (the "Terms of Service") are an agreement between ProtectWise, Inc. ("ProtectWise," "we" and "us") and you, a user of our web site. Please read these Terms of Service carefully. By accessing or using our web site, you agree to be bound by these Terms of Service as well as our Privacy Policy.

Any new features of our web site, including updates, upgrades, or new services, shall also be subject to these Terms of Service.

In addition, some services offered through our web site may be subject to additional terms and conditions that we publish from time to time. Your use of such services is subject to those additional terms and conditions.

Acceptable Use

You may access our web site and any content or information contained herein for your information and personal use solely as permitted under these Terms of Service. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit our web site or any content for any other purposes without the prior written consent of ProtectWise. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses our web site in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree to comply with all applicable laws in your use of our web site. ProtectWise and its licensors reserve all rights not expressly granted in these Terms of Service.

Our Content; Proprietary Rights

Through our web site, we provide information about ProtectWise's cloud network DVR platform and related services that leverage cloud economies of scale for visibility, detection and response of enterprise security threats (the "ProtectWise Service"). We are the owner or authorized licensee of all information, materials, functions and other content contained on our web site, and you acknowledge that you are only receiving a limited right to access or use this content. No content from our web site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of our web site.

We also own any information and data collected by us from you, including without limitation any data regarding your use and viewing of our web site and its content. We may use such information and data for benchmarking and other service enhancements. Information we collect from you will be treated pursuant to our current Privacy Policy.

The name "ProtectWise" and our graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trade names, or trade dress of ProtectWise, Inc. in the U.S. and/or other countries. These trademarks, trade names, and trade dress may not be used in connection with any product or service in any manner that is likely to cause confusion.

We respect the intellectual property rights of others and expect our users to do the same. It is our policy, in appropriate circumstances and at our sole discretion, to disable or terminate the access of users who infringe or are charged with infringing the intellectual property rights of others.

Third-Party Links

We are not responsible for the content or availability of outside web sites or resources linked to or referenced on our web site. We do not endorse and are not responsible or liable, directly or indirectly, for any claims that arise from your access or use of any content, advertising, products, services or other materials on or available from such web sites.

Registration and Accounts

The content available on our public web site may be accessed without registering with ProtectWise. If you choose to purchase access to the ProtectWise Service or any other product or service offered on our web site, you may be asked to register with us and to create your own unique user name and password. You must keep all account information secure. You are solely responsible and liable for all activities that occur under your password or account. You shall notify us immediately of any breach of security or unauthorized use of your password or account.

You acknowledge, consent, and agree that we may preserve and disclose your account information if required to do so by law or in a good faith belief that such preservation or disclosure is reasonably necessary to comply with a legal process or to enforce these Terms of Service.

Eligibility; Age Restriction

Our web site may only be used by individuals who are 18 years and older and who can form legally binding contracts under applicable law. Individuals under the age of 18 must at all times use our web site only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In these cases, the supervising adult is responsible for any and all activities conducted on or through our web site. You represent and warrant that you are at least 18 years old, or that you are using our web site under the supervision of an adult parent or legal guardian, and that all registration information you submit is accurate and truthful.

We may, in our sole discretion, refuse to offer access to or use of our web site to any person or entity and change our eligibility criteria at any time. This provision is void where prohibited by law and the right to access the web site is revoked in such jurisdictions.

Reporting Copyright Infringement

If you are a copyright owner, or are authorized to act on behalf of one, please report alleged copyright infringements taking place on or through our web site by completing the following DMCA Notice of Alleged Infringement and delivering it to our Designated Copyright Agent. In accordance with the Digital Millennium Copyright Act of 1998, we will respond expeditiously to these allegations and take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged material from the web site.

The DMCA Notice of Alleged Infringement shall:

  1. Identify the copyrighted work that you claim has been infringed.

  2. Identify the material you claim is infringing and that is to be removed or disabled and provide information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the web site where such material may be found.

  3. Provide your mailing address, telephone number, and, if available, email address.

  4. Include both of the following statements in the body of the notice: "I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)." "I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."

  5. Provide your full legal name and your electronic or physical signature.

Deliver this notice, with all items completed, to our Designated Copyright Agent at:

ProtectWise, Inc.
1601 Wewatta St
Suite 700
Denver, Colorado 80202
Email: info@protectwise.com

Warranties/Limitation of Liability

OUR CONTENT, OUR WEB SITE AND ANY PRODUCTS OR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO OUR CONTENT, OUR WEB SITE, AND ANY PRODUCTS OR SERVICES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

WE WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOSS OF DATA OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE OR STRICT LIABILITY), ARISING OUT OF THESE TERMS OF SERVICE OR YOUR USE OR INABILITY TO USE OUR CONTENT, OUR WEB SITE, AND ANY PRODUCTS OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OF SERVICE OR YOUR USE OF OUR CONTENT, OUR WEB SITE, AND ANY PRODUCTS OR SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU TO PURCHASE THE CONTENT OR PRODUCTS THAT GAVE RISE TO SUCH LIABILITY, AND (B) $100.

Indemnification

You agree to defend, indemnify and hold harmless ProtectWise and its officers, directors, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys' fees) arising out of any breach by you of any of these Terms of Service or your violation of any law or the rights of a third party.

Termination

These Terms of Service shall take effect on the date you first access or use our web site and shall continue until terminated in accordance with these Terms of Service. You agree that we may, in our sole discretion, suspend, block, or terminate your access to all or part of our web site and any content, with or without notice, for any reason. Any suspected illegal or fraudulent activity may be referred to appropriate law enforcement authorities.

Governing Law; Jurisdiction

These Terms of Service are governed by the laws of Colorado, without regard to its conflicts of law provisions. Any claim or controversy arising out of or related to these Terms of Service shall be instituted in any state court in Denver, Colorado or federal court in Denver, Colorado. Each party agrees to submit to the jurisdiction of, and agrees that the venue is proper in, such courts in any such legal action or proceeding.

Miscellaneous

These Terms of Service and our Privacy Policy constitute the entire agreement between you and ProtectWise. You may not assign these Terms of Service in whole or in part without our prior written consent, and any purported assignment in violation of this sentence shall be null and void. We may assign or otherwise transfer these Terms of Service and all rights hereunder in connection with any corporate reorganization, merger, or sale of all or substantially all of the assets and business to which these Terms of Service relate. These Terms of Service shall be binding upon and inure to the benefit of the parties hereto and their respective heirs and assigns. If any provision of these Terms of Service is determined by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect. No waiver of any breach of any provision of these Terms of Service shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

Modifications

We reserve the right to make changes to these Terms of Service at any time by updating this page with any such changes and indicating the effective date of those changes. You acknowledge and agree that it is your responsibility to review these Terms of Service periodically to familiarize yourself with any modifications. By continuing to access and use our web site after those changes become effective, you consent and agree to be bound by the revised Terms of Service.

Contact Us

If you have any questions or comments regarding these Terms of Service or our Privacy Policy, you can contact us at: info@protectwise.com.

These Terms of Service are effective as of March 24, 2015.