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Welcome. This website, websafeshield.com (“Site”), the brand “WebSafe Shield”, and associated services are owned or operated by Armadillo Advantage, L.L.C (“AADV”).
You are only authorized to access AADV’s products, software, services, web sites (referred to collectively as the “Services”), regardless of whether your access or use is intended, and accessed directly on Site or via a third-party site, if you agree to abide by all applicable laws and to this Terms of Service (“TOS”).
AADV reserves the right to modify or amend these TOS without notice at any time, and such modification will be effective upon posting by AADV on Site. You agree to be bound by any changes to these TOS when you use the Services after any such modification is posted. It is therefore important that you read this page regularly to ensure you are updated as to any changes.
You can review the most current version of the TOS at any time at:
http://www.websafeshield.com/tos.html
Your use of the Services is also subject to AADV’s privacy policy. For information on AADV’s privacy practices, please see the entire privacy policy at http://www.websafeshield.com/privacy.html .
1. YOUR IDENTITY
As a condition to request Services, you are required to register with an email, selecting a password, and providing other personally identifiable information ("Registration"). During Registration and subsequent updates to Registration information, you agree to:
- Provide accurate, complete, and updated information
- Be responsible for maintaining the confidentiality of your account information
- Not select a username of another person or entity with the intent to impersonate that person or entity
- Not use the username of another person or entity without appropriate authorization
Upon request, you agree to provide any material needed to verify your identity.
2. STATEMENT OF AUTHORITY AND AUTHORIZATION
When requesting Services, you represent and warrant that you have full right, power, and authority to act on behalf of the affected parties. You further state that you have the needed permission with your hosting service, IT team, or any other affected party, for AADV to conduct regular remote security scans. You also further state that such security scans are legal in your locale. Upon request, you agree to provide AADV material needed to verify this authority and your authorization.
3. PROHIBITED ACTIVITIES AND USE
The following are prohibited:
- You may not direct AADV’s Services to any domain, IP address or any other device that you are not authorized to act on behalf of
- You may not direct or utilize AADV’s Services with any malicious intent
Furthermore you agree not to attempt to or gain access to any device that is associated with AADV’s Site or Services without priority written consent. If you are aware of such unauthorized attempt or access, either by yourself or another party, you will immediately notify AADV at  and destroy any information gained through this activity. You also agree not to conduct any activities that disrupt or diminish the Site or Services.
4. TAXES
AADV shall not be liable for any taxes, however designated, levied, or based, including, but not limited to, sales and use taxes imposed in connection with your use of the Services. You agree that you are solely responsible for fulfilling your responsibilities for said taxes.
5. AADV’s PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software ") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. 6. DISPLAY OF WEBSAFE SHIELD® IMAGE
You agree to only display the WebSafe Shield certification image using the Software provided by AADV. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. The display of the certification image shall be fully controlled by AADV, which may elect at its sole discretion to disable the display of the certification image without notice.
7. BILLING
Your account will be automatically charged monthly in advance until cancelled. We do not offer any refund of any kind regardless of reason. As long as your site qualifies for the displaying of the WebSafe Shield, you may continue displaying the seal for the remaining period that has been paid for.
8. INDEMNITY
For AADV and its subsidiaries, affiliates, officers, agents, employees, partners and licensors (“Indemnified Parties”) you agree to defend, indemnify and hold harmless from any claim, demands, awards, costs and expenses, including reasonable attorneys' fees, made by any third party due to or arising your use of the Services, your connection to the Services, your violation of AADV’s or any third-party’s TOS, or your violation of any rights of another or lack of performance for any obligation. You also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of public’s access or use of the information accessed from AADV’s Site or its Services.
You agree that this TOS is binding on you and your heirs, devisees, spouses, agents, legal representatives and successors.
If at any time you are offended or object to any aspect of Services, your sole remedy is to cease using AADV’s Site and Services.
9. DISCLAIMER OF WARRANTY
AADV does not guarantee the accuracy of information found through its Services. Your reliance on information found through its Services is at your own risk.
THE SITE, SERVICES, AND ALL ITS CONTENTS, IS PROVIDED TO YOU “AS IS.” AADV MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, DATA ACCURACY, OR QUIET ENJOYMENT.
UNDER NO CIRCUMSTANCES WILL AADV OR ANY OTHERS INVOLVED IN CREATING THE SERVICE BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES RESULTING FROM ANY CIRCUMSTANCE INVOLVING THE SERVICES (INCLUDING BUT NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, UNAUTHORIZED USE OF THIS SITE, LOST DATA, DELAY IN OPERATION OR TRANSMISSION, BREACH OF SECURITY, LINE FAILURE, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS SITE, OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT), EVEN IF YOU HAVE ADVISED AADV IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE.
AADV DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CONTENTS AVAILABLE THROUGH THE SERVICES IN TERMS OF THEIR TIMELINESS, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THIS SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE. WE UNDERTAKE NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.
Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall AADV’s aggregate liability to you or any third party for damages, losses, and causes of action exceed the amount paid by you, if any, for accessing the Services or $100, whichever is lesser. You agree to bring any and all actions within one year from the date of the accrual of the cause of action, and that actions brought after this date will be barred.
In the event that you have a dispute with AADV, you release AADV (and our officers, directors, agents, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code section 1542 which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially altered his settlement with the debtor.”
More over, you hereby knowingly and voluntarily waive any protection that may exist under any comparable or similar statutes or principles of common law applicable in states other than California as it pertains to the enforcement of the release in this section.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AADV OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY OR OTHER OBLIGATION NOT EXPRESSLY STATED IN THE TOS.
10. NO WAIVER OF RIGHTS
No delay or failure by AADV to enforce any of these Terms and Conditions shall constitute a waiver of any of our rights under these Terms and Conditions. Neither the receipt of any funds by AADV nor the reliance of any person on our actions shall be deemed to constitute a waiver of any part of these Terms and Conditions. Only a specific, written waiver signed by an authorized representative of AADV shall have any legal effect.
11. TERMINATION
You agree that AADV in its sole discretion, may terminate your password, account (or any part thereof), or use of the Services, and remove and discard any information within the Services, for any reason, including, without limitation, lack of payment, lack of use or if AADV believes that you have violated or acted inconsistently with the letter or spirit of the TOS. AADV may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this TOS may be effected without prior notice, and acknowledge and agree that AADV may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that AADV shall not be liable to you or any third-party for any termination of your access to the Service.
12. GOVERNING LAW AND ARBITRATION
This Agreement is governed by California law as such laws apply to Agreements entered into and to be performed entirely within California between California residents and without regard to conflict of laws. Any claim arising out of or relating to this Agreement shall be settled by binding arbitration in Alameda County, California in accordance with the American Arbitration Association's commercial arbitration rules. Any such claim shall be arbitrated on an individual basis, not consolidated with another party's claim. Each of us may conduct discovery per California CCPA section 1283.05 and section 1283.1. Judgment on the arbitration award may be entered into any court with jurisdiction, and the arbitrator's award shall not be appealable or reviewable except as permitted by California law. However, (a) each of us may seek interim relief from an Alameda County, California court to protect the party's rights or property while arbitration is pending, and (b) at the Company's option, we may bypass arbitration in cases of fraud or other crimes against us, interference with our technical operations or violations of our rights or property.
13. SEVERABILITY
If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
14. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this Terms of Service, there shall be no third party beneficiaries to the Terms of Service.
15. WAIVERS AND AMENDMENTS
The waiver by either AADV or you of any provision of this Agreement on any occasion and upon any particular circumstances shall not operate as a waiver of such provision of this Agreement on any other occasion or upon any other circumstances. This Agreement may be waived or amended only in writing and signed by both parties.
16. HEADINGS
The headings of Sections of this Agreement are for ease of reference only and shall not be admissible in any action to alter, modify or interpret the contents of any Section hereof.
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