TrustX Service Agreement
Company hereby provides for use this secure email service, “the Service”, known as TrustX, to Users, for trial purposes. From time to time the Company may add features to the Service which you shall be informed of.
1. Introduction - The Service is provided at no cost for the initial trial period. The trial period is expected to run from 1 February 2012 until 30 June 2012. The Company reserves the right to restrict participation during the trial period. After expiration of the trial period Company may decide to charge a fee for the Service and User shall have the right to opt-in or out for such Service at that time. Company reserves the right to change the duration of the trial period.
User acknowledges that the Service and the software which provides such Service is the intellectual property of Company and User does not receive or obtain any right, title or interest in same. Software refers to both the Company software downloaded to mobile devices, to desktop or other computers and to the software resident on backend servers. This includes without limitation Software, including the object code and/or source code, functionality, concept, processes, internal structure, design, external elements, user interface, technology and documentation.
User shall not modify, vary, enhance, reverse engineer, copy, sell, lease, license, sub-license or otherwise deal with the Service or Software or any part or parts or variations, modifications, copies, releases, versions or enhancements of the Software or any supporting software or have any software or other program written or developed based on Software or its concepts. User may not use Software for the purpose of developing competing software based on concepts, functions, or operations like those disclosed in Software – this clause shall survive the termination of this agreement indefinitely.
2. Intellectual property rights - User only acquires a license under this Agreement to use the Software and all intellectual property rights in Software; all derivatives, enhancements and modifications belong to and shall remain vested in the Company or its licensors, as the case may be.
The User shall notify the Company immediately if they become aware of any unauthorized use of the whole or any part of the Service or Software by any person.
3. Warranty – The Service and Software is provided “as is” without any express or implied warranty or guarantee of any kind.
USER EXPRESSLY UNDERSTANDS AND AGREES THAT USE OF THE SERVICE IS AT USER’S SOLE RISK AND THAT THE SERVICE IS PROVIDED "AS IS" AND “AS AVAILABLE.”
IN PARTICULAR, COMPANY DOES NOT REPRESENT OR WARRANT THAT:
(A) USE OF THE SERVICE WILL MEET USER’S REQUIREMENTS,
(B) USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY USER AS A RESULT OF IT’S USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF SERVICE WIILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT USER’S OWN DISCRETION AND RISK AND USER IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER’S COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM COMPANY OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS HEREOF.
USER FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
4. Reports – User shall not make public any report, memorandum or similar document or communication in relation to the Service or Software provided hereunder without approval in writing from Company. It is understood that disclosure of any such matters without approval of Company may cause serious damage to Company and User shall be liable for any such disclosure and all resultant damage.
5. Use of the Service – User agrees to use the Service only for purposes that are permitted by (a) this Agreement and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions where the service is being used (including any laws regarding the export of data or software to and from the United States or other relevant countries).
User agrees not to access (or attempt to access) any of the Service by any means other than the provided interface. User agree not to engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service).
User agrees and understands they are responsible for maintaining the confidentiality of passwords associated with any account used to access the Service and agrees to be solely responsible to TrustX for all activities that occur under User’s account.
User agrees and understands that they are solely responsible for (and TrustX has no responsibility to User or any party for) anything created, transmitted or displayed while using the Service and for the consequences of any such creations, transmission or displays (including any loss or damage which results).
6. Liability – User shall be liable for any breach of this Agreement and any damage caused.
COMPANY SHALL NOT BE LIABLE TO USER FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY USER, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY USER, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY CHANGES WHICH COMPANY MAY MAKE TO THE SERVICE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICE (OR ANY FEATURES WITHIN THE SERVICE);
(II) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH USER’S USE OF THE SERVICE;
(III) USER’S FAILURE TO PROVIDE COMPANY WITH ACCURATE ACCOUNT INFORMATION;
(IV) USER’S FAILURE TO KEEP IT’S PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
7. Technical Support - For information on technical support for please contact support@trustx.com
8. Equitable Relief - User hereby acknowledges that unauthorized disclosure or use of Service or Software will cause immediate and irreparable harm to Company. Accordingly, Company will have the right to seek and obtain preliminary and final injunctive relief to enforce this Agreement in case of any actual or threatened breach, in addition to other rights and remedies that may be available to Company.
9. Invalidity - The invalidity or unenforceability of any term of, or any right arising pursuant to, this Agreement for any reason whatsoever shall not affect the validity or enforceability of the remaining terms or rights which shall continue in full force and effect.
10. Termination - Company may at any time, terminate this agreement with User if:
11. Entire Agreement - This Agreement, including by reference the TrustX privacy statement, shall constitute the entire extent of the Agreement between the parties regarding its subject matter and supersedes any prior agreement understanding, arrangement, statement or representation made between them whether oral or in writing. The TrustX privacy statement may be viewed at www.trustx.com.
12. Law and Jurisdiction - The construction, validity and performance of this Agreement is governed by the laws of the Commonwealth of Virginia.
