GetRight Vault
The GetRight Vault service provides online data storage.
TERMS:
"Service" means the GetRight Vault service.
"We" or "us" means Headlight Software, Inc.
"You" and "your" means both you and such person or entity in whose behalf you act, if any.
ACCEPTABLE USE:
GetRight Vault is a storage location for files and data you have legally purchased
or otherwise have the right to use and/or store.
Use of the service to store or distribute copyrighted information for which you do not have the right to do so is prohibited. Use of the Service to share files with others in any way is prohibited.
The Service is made available to you only for your personal use, which use must be in compliance with all applicable laws, rules and regulations and must not infringe or violate third party rights. You may not make commercial use of the Service, including but not limited to selling or distributing the Service to any third party.
You agree not to exceed reasonable usage of the service. Reasonable usage will be determined by Headlight Software, Inc. based on typical usage patterns. In the event you are deemed to have violated this policy, we reserve the right in our discretion to arrange a custom pricing plan that will permit you to continue to use the Service.
Headlight Software, Inc. retains the right to terminate or suspend your account without prior notice in the event of a violation of any of these terms.
USE OF CONTACT INFORMATION:
You acknowledge and agree that Headlight Software, Inc. may occasionally send you
administrative communications regarding your account or information about the
Service via email.
Headlight Software, Inc. may require users of free accounts to periodically log into their account to indicate Your continued to use the Service. You will be notified via email to alert you to log into your account.
USE OF DATA:
When you back up data via the Service, you agree that Headlight Software, Inc.
and its service providers may copy and store such data as part of the Service.
ACCOUNT USAGE:
You must be a registered user to access the Service. You are responsible for keeping
your password secure and private. You will be solely responsible and liable for any
activity that occurs under your user account.
Headlight Software, Inc. may disable your account at any time if you breach the terms of service.
Headlight Software, Inc. may require users of free accounts to periodically log into their account to indicate your continued to use the Service. You will be notified via email to alert you to log into your account. Failure to continue using the service may cause your account to be cleaned and data discarded as part of normal maintenance.
CHANGES TO THE SERVICE AND TERMS AND CONDITIONS
Headlight Software, Inc. reserves the right at any time to modify, suspend,
or discontinue providing the Service or any part thereof in its sole discretion
with or without notice.
Headlight Software, Inc. may modify this Agreement and any Usage Rules at any time. You agree to assume all responsibility in reviewing this Agreement periodically so that you will be apprised of any changes. If you continue to use the Service after we post or notify you about changes to these terms, you are signifying your acceptance of the new terms.
Headlight Software, Inc. will use commercially reasonable efforts to notify you of modification, suspension, or discontinuance of the Service either by sending an email to the email address you provide with your registration or by a posting on vault.getright.com website. However, in no event will Headlight Software, Inc. be liable to you or to any third party for any modification, suspension or discontinuance of the Service with or without notice.
TERM AND TERMINATION
This Agreement is effective upon signing up for the Service and remains in
effect until the users' account is terminated.
You may terminate this Agreement at any time closing your account by following the instructions on the ReinstallVault.com website.
This Agreement automatically terminates if you fail to comply with its terms and conditions. Headlight Software, Inc. reserves the right to refuse or discontinue participation to any user at any time at its sole discretion.
You agree that, upon such termination, your access rights to the Service will immediately terminate.
The terms of the Sections entitled Consent to Collect Non-Personal Information, Intellectual Property, Disclaimer of Warranties, Limitation of Liability, and Miscellaneous will survive expiration or termination.
If this Agreement terminates, other than for your failure to comply, Headlight Software, Inc. will use commercially reasonable efforts to make your Data available for you to download for a period of seven (7) days. However, Headlight Software, Inc. has no obligation to provide you with a copy of your data and may remove and discard any data stored using the Service.
WARRANTIES:
Headlight Software, Inc. is in no way liable for loss of customer data.
Under no circumstances will Headlight Software, Inc. be held accountable for
any loss of customer data. By becoming a user of the Service, you, the customer,
acknowledge that you forfeit the right to hold Headlight Software, Inc.
accountable for any and all technical errors, including loss of user files
or data.
Headlight Software, Inc. intends for the information contained on its Site and Services to be accurate and reliable; however, errors sometimes may occur. In addition, Headlight Software, Inc. may make changes and improvements to the information provided herein at any time. HEADLIGHT SOFTWARE, INC. PROVIDES ITS SITE AND SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HEADLIGHT SOFTWARE, INC., ITS AFFILIATES, RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS (EACH, A “HEADLIGHT PARTY,” AND COLLECTIVELY, THE “HEADLIGHT PARTIES”) MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE HEADLIGHT PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS CONTRACT.
LIMITATIONS OF LIABILITY:
IN NO EVENT WILL ANY HEADLIGHT PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING
WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE
DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS CONTRACT OR YOUR USE
OF THE SOFTWARE OR SERVICE, EVEN IF SUCH HEADLIGHT PARTY HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES IS INDEPENDENT OF
YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL
PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS
APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT,
(2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE
EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES
OR CONDITIONS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE
DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS CONTRACT,
OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY HEADLIGHT PARTY WITH
RESPECT TO THIS CONTRACT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS
TO DISCONTINUE USING THE SERVICE. In the event that, notwithstanding the foregoing
disclaimers and indemnification, Headlight Software, Inc. is found responsible to
any Headlight Software, Inc. User for any reason whatsoever, Headlight Software,
Inc.'s responsibility shall be limited to the amounts actually paid by such user
for Headlight Software, Inc.'s services, and shall not include punitive damages
or consequential or resulting damages of any nature.
CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES:
These Terms of Use shall be governed by and construed in accordance with the
laws of the State of Washington, excluding its conflicts-of-law principles.
Please note that your use of the Services may be subject to other local, state,
national, and international laws. You expressly agree that exclusive jurisdiction
for any claim or dispute with Headlight Software, Inc. or relating in any way to
your use of the Services resides in the courts of Washington and you further
agree and expressly consent to the exercise of personal jurisdiction in the
courts of Washington in connection with any such dispute including any claim
involving Headlight Software, Inc. or its affiliates, subsidiaries, employees,
contractors, officers, directors, telecommunication providers and content providers.
MISCELLANEOUS:
Headlight Software, Inc. may assign this contract, in whole or in part,
at any time with or without notice to you. You may not assign this contract, or any
part of it, to any other party. Any attempt by you to do so is void. ANY CLAIM
RELATED TO THIS CONTRACT OR THE SOFTWARE AND SERVICE MUST BE BROUGHT WITHIN ONE YEAR.
THE ONE-YEAR PERIOD BEGINS ON THE DATE WHEN THE CLAIM FIRST COULD BE FILED.
IF IT IS NOT, THEN THAT CLAIM IS PERMANENTLY BARRED. THIS APPLIES TO YOU AND YOUR
SUCCESSORS. IT ALSO APPLIES TO US AND OUR SUCCESSORS AND ASSIGNS.
The failure of Headlight Software, Inc. to exercise or enforce any right or
provision of the terms and conditions shall not constitute a waiver of such
right or provision. The section titles in these terms and conditions are for
convenience only and have no legal or contractual effect.