 877.370.UNION
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Terms
of Service
License agreement between Solution Union and our
customers.
YOU ACKNOWLEDGE THAT YOU HAVE READ THE FOLLOWING
LICENSE AGREEMENT, UNDERSTAND IT AND AGREE TO BE
BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE
THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT
OF THE AGREEMENT BETWEEN US WHICH SUPERSEDES ANY
PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND
ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO
THE SUBJECT MATTER OF THIS LICENSE AGREEMENT.
BY DOWNLOADING, INSTALLING OR USING THE SOFTWARE
PRODUCT(S) IDENTIFIED ABOVE INCLUDING ANY ACCOMPANYING
ELECTRONIC DOCUMENTATION (TOGETHER, THE "SOFTWARE"),
YOU INDICATE YOUR ACCEPTANCE OF THIS LICENSE AGREEMENT
("LICENSE AGREEMENT"). IF YOU DO NOT AGREE
TO THE TERMS AND CONDITIONS HEREIN, YOU SHOULD NOT
CONTINUE WITH THE DOWNLOAD/INSTALLATION PROCESS.
YOU MAY NOT USE, COPY, MODIFY OR TRANSFER THE SOFTWARE
OR ANY COPY, EXCEPT AS EXPRESSLY PROVIDED IN THIS
LICENSE AGREEMENT.
This License Agreement is between SOLUTION UNION,
LLC, and you (AS THE "LICENSEE."), the
person or entity downloading and/or using the Software.
This License Agreement sets forth terms and conditions
applicable to your use of the Software.
1. LICENSE
The Software is licensed, not sold, to you. The
term "Software" shall also include any
future versions and updates of the Software licensed
to you by SOLUTION UNION, LLC. subject to the terms
of this License Agreement.
2. RESTRICTIONS
Except as expressly permitted by this License Agreement,
you hereby acknowledge and agree that: (1) you will
not modify or translate the Software, except that
you may configure the Software using the menus,
options and tools provided for such purposes and
contained in the Software; (2) you will not copy
the Software except as permitted in the paragraph
labeled COPYRIGHT; (3) you will not in any way reverse
engineer, disassemble or decompile the Software
or any portion thereof except to the extent and
for the express purposes authorized by applicable
law not withstanding this limitation; (4) you will
not transmit, or provide access to, the Software
over a network except as required by the Software's
primary functions (5) you will not sub license,
assign, rent, sell, lease, distribute or otherwise
transfer the Software or any of the rights granted
by this License Agreement. You may, however, physically
transfer the Software from one computer to another
provided that you do not retain any copies of the
Software on the prior computer except as authorized
in the permitted use table; (6) you will not avoid,
or attempt to avoid, any applicable time limitation;
(7) you will not release the results of any performance
or functional evaluation of the Software to any
third party without prior written approval of SOLUTION
UNION, LLC. for each such release; and (8) you will
not use SOLUTION UNION, LLC.'s name or refer to
SOLUTION UNION, LLC. directly or indirectly in any
papers, articles, advertisements, sales presentations,
news releases or releases to any third party without
the prior written approval of SOLUTION UNION, LLC.
for each such use. If you wish to develop an interface
to the Software or merge the Software with any other
software, you shall inform SOLUTION UNION, LLC.
and SOLUTION UNION, LLC., at its option, and possibly
for a fee, may provide you with information sufficient
to enable interoperability between the Software
and such other software or products.
3. COPYRIGHT
The Software is copyrighted by SOLUTION UNION, LLC.
and/or its suppliers. You may not copy the Software
except to provide a backup copy and to load the
Software into the computer as part of executing
the Software. Solely with respect to electronic
documentation included with the Software, you may
make an unlimited number of copies (either in hardcopy
or electronic form), provided that such copies shall
be used only for internal purposes and are not republished
or distributed to any third party. Any and all other
copies of the Software and/or the documentation
made by you are in violation of this License Agreement.
4. OWNERSHIP
You agree that SOLUTION UNION, LLC. and/or its suppliers
retain all right, title and interest in and to the
Software and all copies at all times, regardless
of the form or media or on which the original or
other copies may subsequently exist. You agree that
you neither own nor hereby acquire any claim or
right of ownership to the Software or to any related
patents, copyrights, trademarks or other intellectual
property. You agree to use your best efforts to
prevent and protect the contents of the Software
from unauthorized disclosure or use. SOLUTION UNION,
LLC. and/or its suppliers reserve all rights not
expressly granted to you. SOLUTION UNION, LLC.'s
suppliers are the intended third party beneficiaries
of this License Agreement and have the express right
to rely upon and directly enforce the terms set
forth herein. Any content or information accessed
through the Software is the property of the applicable
content/information owner and may be protected by
applicable copyright law. This License Agreement
gives you no rights to such content or information.
5. DESCRIPTION OF SERVICES
Subject to SOLUTION UNION's acceptance of Your registration
and Your compliance with the terms and conditions
of this Agreement, SOLUTION UNION will provide You
with the following service (the "Basic Service")
: (a) SOLUTION UNION will establish one (1) online
storage and online backup account in Your name on
the SOLUTION UNION servers (the "Account");
(b) SOLUTION UNION will initially allow you to store
up to a total of 50GB of data files in your Account
on a trial basis for 30 days if the trial option
is chosen, or will allow you to store up to a limit
higher than the trial offer depending on the user's
choice among the provided storage options for a
subscription fee; and (c) SOLUTION UNION will allow
You to retrieve data files from Your Account.(d)
In Your use of the Service, you are responsible
for providing the following: (i) all equipment,
such as a computer and modem, necessary to access
the World Wide Web; (ii) Your own access to the
World Wide Web; and (iii) payment of all telephone
or other fees associated with such access. ONLINE
BACKUP MANAGER provides an extensive range of services.
It is possible that one or more of these services
may not be available at certain times. Refer the
home page to get the status on the services.
6. CONDITIONS OF USE
You are solely responsible for the content of all
data You store or retrieve from, or attempt to store
or retrieve from, Your Account and the Public Folders
and for all transmissions by You from and to Your
Account. Your use of the Service is subject to all
applicable local, state, national and international
laws and regulations. You will: (a) not use the
Service for any illegal purposes; (b) not use the
Service to store, retrieve, transmit or view any
file, data, image or program that contains: (i)
any illegal pictures, materials or information;
(ii) any harassing, libelous, abusive, threatening,
harmful, vulgar, pornographic, obscene or otherwise
objectionable material of any kind or nature; (iii)
any material that encourages conduct that could
constitute a criminal offense, give rise to civil
liability or otherwise violate any applicable local,
state, national or international law or regulation;
(iv) any code or material that violates the intellectual
property rights of others; (v) any Windows temporary
files of any kind (including, without limitation,
any *.p or ~*.* files); or (vi) any viruses, worms,
"Trojan horses" or any other similar contaminating
or destructive features; (c) comply with United
States and other applicable law regarding the exportation
and re-exportation of any data or other materials
from the United States or other jurisdictions through
the Service; (d) not use the Service for any spamming,
chain letters or other use that may otherwise disrupt
the Service or the networks through which You access
and use the Service; (e) comply with all regulations,
policies and procedures of networks through which
You access and use the Service; and (f) not access
or attempt to access any Service account for which
You have no access authorization or duplicate, modify,
distribute or display any of the data or files from
any such account.(g) not use sharing features in
a way that amounts to 'publishing' and restrict
the use of sharing features to share data between
friends, colleagues and business partners, in a
very limited sense. (h) ONLINE BACKUP MANAGER service
should not be used to sell digital content to others.
It is not a media for dissemination of digital content
for commercial purposes. ONLINE BACKUP MANAGER may
use automated procedures to detect unacceptable
level of usage and may immediately disable offending
accounts, and the process of detection may vary
from time to time, based on misuse detected. ONLINE
BACKUP MANAGER is NOT a service for storing and
disseminating large amounts of data to large number
of recipients. It is an Online backup and storage
service. ONLINE BACKUP MANAGER is not responsible
for any business interruptions that may be caused
due to this process.
7. REGISTRATION INFORMATION
/ CREDIT CARD CHARGES
You will promptly notify SOLUTION UNION of any change
in the information You provide on Your registration
form during Your registration for the Service (including,
without limitation, any change in Your mailing address,
telephone numbers or email address). The registration
information provided by You on Your registration
form during Your registration for the Service, together
with any and all updates provided by You from time
to time under this paragraph, is referred to in
this Agreement as the "Registration Information.
SOLUTION UNION's policy regarding the privacy and
use of the Registration Information is set forth
in SOLUTION UNION's privacy policy, as the same
may be modified and amended by SOLUTION UNION from
time to time (the "Privacy Policy"). When
You accept this Agreement, You acknowledge that
You agree to the terms of the Privacy Policy.
You authorize a recurring monthly or annual charge
to your credit card in exchange for use of the ONLINE
BACKUP MANAGER service as indicated by published
standard plans or a customized quote provided for
your specific use. You also agree that the enrollment
for the next service period is automatic. Refunds
on a pro-rated basis are issued only for monthly
plans. When yearly subscriptions are cancelled before
the subscriptions end, refunds are issued based
on a prorated calculation of the subscription charges
at the monthly rate for the plan, for the actual
number of days the account was subscribed(the number
of days between the most recent yearly charges and
the cancellation date). If the calculated refund
amount exceeds the yearly subscription rate, then
no refund is issued.
ONLINE BACKUP MANAGER will not issue any prorated
refunds for the remaining period during the month
when an account with a monthly subscription plan
("current plan") is downgraded to a smaller
plan ("new plan") (a plan that costs less
per month than the current plan) during the middle
of a month. However the rate applicable to the new
plan will automatically be charged starting the
first of the subsequent month.
ONLINE BACKUP MANAGER does not allow storage space
beyond the specified plan limit chosen by the user.
Backup will fail until the space is added to current
plan.
8. ACCOUNT AND PASSWORD
After You accept this Agreement and Your registration
has been accepted by SOLUTION UNION, You will receive
a link by email, on activation of which Your Account
will be established. You are solely responsible
for any consequences arising out of Your failure
to maintain the confidentiality of Your Password/encryption
password. You will notify SOLUTION UNION of any
unauthorized use or other breach in security of
Your Account immediately after You learn of the
same.
8. (a) ENCRYPTION PASSPHRASE
SYSTEM
ONLINE BACKUP MANAGER enforces encryption of data
on storage with a user defined key known only to
the user and no one else. Even the ONLINE BACKUP
MANAGER personnel do not have access to this key
as it is not stored on the ONLINE BACKUP MANAGER
servers. It is very important that you store this
key in a safe place and maintain this key in printed
form for easier reference. Any data backed up using
ONLINE BACKUP MANAGER can only be retrieved using
this key and if you forget or misplace this key
then your data may not be retrievable. ONLINE BACKUP
MANAGER is NOT responsible for loss of data arising
as a result of such cases.
If you are installing the ONLINE BACKUP MANAGER
application on a fresh machine, re-enter the encryption
password key correctly. IF YOU ENTER AN INCORRECT
ENCRYPTION PASSWORD KEY, YOUR DATA WILL NOT BE RETRIEVED
CORRECTLY.
9. SECURITY OF STORED DATA
AND FILES
SOLUTION UNION will endeavor to restrict access
to the data and files You store or retrieve from
Your Account to persons accessing such data and
files through use of Your Account or Password. However,
no password-protected system of data storage and
retrieval can be made entirely impenetrable. Accordingly,
You hereby acknowledge that it may be possible for
an unauthorized third party to access, view, copy,
modify and distribute the data and files You store
in Your Account.
10. CONTENT OF STORED DATA
AND FILES
You are solely responsible for (a) obtaining sufficient
rights to the content of all data and files stored
by You on SOLUTION UNION's servers and (b) ensuring
that such content does not include any of the items
listed in paragraph 2(b) above. SOLUTION UNION normally
does not review, inspect, edit or monitor any content,
data or files stored by You or any other user of
the Service, including, without limitation, for
viruses, worms, "Trojan horses" or any
other similar contaminating or destructive features.
However, if SOLUTION UNION has suspicion that an
account is being used for storage and distribution
of any illegal material such as copy-righted content,
SOLUTION UNION reserves the right to examine the
content of the online storage and backup account.
SOLUTION UNION reserves the right to refuse, remove
or disable access to any data or files stored on
SOLUTION UNION's servers with immediate effect that
SOLUTION UNION learns may be illegal, may violate
the terms of paragraph 2 above, may violate the
rights of any third party or otherwise may be reasonably
objectionable.
11. BACKUPS OF YOUR DATA
ONLINE BACKUP MANAGER may maintain regular backups
of data to recover from any software/hardware failures.
However, the most important step for a reliable
backup is at the user end; user is expected to view
and verify the logs periodically to insure that
the backups do take place successfully, and take
necessary corrective action if there are errors.
User is also expected to periodically upgrade the
backup client to the most recent version for improved
reliability of backups.
12. DISCLAIMER OF WARRANTY
YOUR USE OF YOUR ACCOUNT AND THE SERVICE IS AT YOUR
SOLE RISK. YOUR ACCOUNT AND THE SERVICE IS PROVIDED
TO YOU ON AN "AS IS" AND "AS AVAILABLE"
BASIS. SOLUTION UNION, ON BEHALF OF ITSELF AND ITS
DISTRIBUTORS, ADVERTISERS AND SUPPLIERS, DISCLAIMS
ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED,
ARISING BY LAW OR OTHERWISE, WITH RESPECT TO YOUR
ACCOUNT AND THE SERVICE (INCLUDING, WITHOUT LIMITATION,
ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT).
YOUR ACCOUNT AND THE SERVICE MAY NOT MEET YOUR NEEDS.
SOLUTION UNION MAKES NO REPRESENTATION OR WARRANTY:
(A) THAT YOUR ACCOUNT OR THE SERVICE WILL MEET YOUR
NEEDS; (B) THAT ACCESS TO YOUR ACCOUNT OR THE SERVICE
WILL BE TIMELY, ERROR-FREE, UNINTERRUPTED, VIRUS-FREE
OR SECURE; (C) THAT THE DATA AND FILES YOU STORE
IN YOUR ACCOUNT WILL NOT BE LOST OR DAMAGED; (D)
THAT THE DATA ON YOUR DESKTOP OR SERVER WILL NOT
BE LOST OR DAMAGED; OR (E) THAT DEFECTS IN THE SERVICE
WILL BE CORRECTED. YOU ACKNOWLEDGE THAT ANY MATERIAL
OR DATA YOU RETRIEVE THROUGH THE USE OF THE SERVICE
IS DONE AT YOUR CHOICE AND RISK AND THAT YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE RETRIEVAL
OF SUCH MATERIAL OR DATA.
13. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
IN NO EVENT AND UNDER NO LEGAL THEORY SHALL SOLUTION
UNION, LLC., ITS DISTRIBUTORS AND SUPPLIERS, OR
ANY OTHER PERSON WHO HAS BEEN INVOLVED IN THE CREATION,
PRODUCTION, OR DELIVERY OF THE SOFTWARE BE LIABLE
TO YOU OR ANY OTHER PERSON FOR ANY GENERAL, DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER
OR OTHER DAMAGES OF ANY CHARACTER ARISING OUT OF
THIS LICENSE AGREEMENT OR THE USE OF OR INABILITY
TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO,
PERSONAL INJURY, LOSS OF DATA, LOSS OF PROFITS,
DATA OR OUTPUT FROM THE SOFTWARE BEING RENDERED
INACCURATE, FAILURE OF THE SOFTWARE TO OPERATE WITH
ANY OTHER PROGRAMS, DAMAGES FOR LOSS OF GOODWILL,
BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION,
OR ANY AND ALL OTHER DAMAGES OR LOSSES OF WHATEVER
NATURE, EVEN IF SOLUTION UNION, LLC. HAS BEEN INFORMED
OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES
AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO
YOU.
The Product supports certain cryptographic and authentication
features, including but not limited to Secure Sockets
Layer communications, that may require the installation
and/or use of a digital certificate. Digital certificates
are issued, validated, and revoked by third-party
certification authorities ("CAs") over
which Licensor has no control. Licensee is solely
responsible for familiarizing itself with the terms
and conditions established by a CA for the use of,
or reliance upon, its digital certificates, including
but not limited to any obligation of Licensee to
validate a digital certificate, maintain the security
of a cryptographic key or password, or pay fees
for certification services. SOLUTION UNION, LLC.
has preloaded digital certificates of certain CAs
into the Product in order to facilitate the recognition
of digital certificates that such CAs have issued
to persons, organizations, or devices.
LICENSEE IS SOLELY RESPONSIBLE FOR ANY DECISION
TO USE OR RELY UPON A DIGITAL CERTIFICATE, INCLUDING
THOSE DIGITAL CERTIFICATES THAT SOLUTION UNION,
LLC. HAS PRELOADED INTO THE PRODUCT. SOLUTION UNION,
LLC. BEARS NO RESPONSIBILITY FOR THE VALIDITY OR
ACCURACY OF ANY DIGITAL CERTIFICATE, OR FOR THE
SECURITY OR INTEGRITY OF ANY COMMUNICATION AUTHENTICATED
BY A DIGITAL CERTIFICATE.
14. EXPORT CONTROLS
This Software is subject to export control. The
Software may be transmitted, exported, or re-exported
only under applicable export laws and restrictions
and regulations of the United States Bureau of Export
Administration or foreign agencies or authorities.
By downloading or using the Software, you are agreeing
to comply with export controls.
The Software may not be downloaded or otherwise
exported or re-exported to any country subject to
U.S. trade sanctions governing the Software, sanctioned
countries including Cuba, Iran, Iraq, Libya, North
Korea, Sudan and Syria, or by citizens or residents
of such countries except citizens who are lawful
permanent residents of countries not subject to
such sanctions, or by anyone on the US Treasury
Department's list of Specially Designated Nationals
and Blocked Persons or the US Commerce Department's
Table of Denial Orders.
15. INDEMNIFICATION
You will defend, indemnify and hold SOLUTION UNION,
its parents, subsidiaries, affiliates, agents, officers,
directors and employees, harmless from any claim
or demand, including reasonable attorneys' fees
and costs, made by any third party due to or arising
out of (a) Your use of Your Account and the Service,
(b) any data files and content stored by You in
Your Account and otherwise on the SOLUTION UNION
servers and (c) any violation of this Agreement
by You.
16. NO OBLIGATION
SOLUTION UNION, LLC. is under no obligation to develop,
maintain or market the Software. Future versions
of the Software, if any, may not be compatible with
the current release of the Software.
17. FEEDBACK
Any comments or materials sent to SOLUTION UNION,
LLC. including feedback data, such as questions,
comments, suggestions, or the like regarding the
Software (collectively "Feedback"), shall
be deemed to be non-confidential. SOLUTION UNION,
LLC. shall have no obligation of any kind with respect
to such Feedback and shall be free to reproduce,
use, disclose, exhibit, display, transform, create
derivative works and distribute the Feedback to
others without limitation. Further, SOLUTION UNION,
LLC. shall be free to use any ideas, concepts, know-how
or techniques contained in such Feedback for any
purpose whatsoever, including but not limited to
developing, manufacturing and marketing products
incorporating such Feedback.
18. U.S. GOVERNMENT RIGHTS
If the Software is downloaded or installed for or
on behalf of the United States of America, its agencies
and/or instrumentalities ("US Government"),
the Software is provided to the US Government as
commercial computer software under FAR 12.212 and
DFARS 227.7202, or an equivalent provision (e.g.,
in supplements of various US government agencies,
as applicable), and the restrictions set forth in
this License Agreement. Manufacturer is SOLUTION
UNION, LLC., Inc., and/or its affiliates, SOLUTION
UNION, LLC.
19. GENERAL
You must reproduce and include any copyright notices,
trademarks or other proprietary legends of SOLUTION
UNION, LLC. and its suppliers on any copy of the
Software made by you. This License Agreement is
governed by the laws of the State of California,
United States, without reference to conflict of
laws provisions or the United Nations 1980 Convention
on Contracts for the International Sale of Goods
and any amendments thereto.
You acknowledge that a violation of this License
Agreement may cause irreparable harm to SOLUTION
UNION, LLC., and you agree that, in addition to
any other remedies provided by law, SOLUTION UNION,
LLC. shall be entitled to seek injunctive relief
against any such violation without having to post
a bond. If any provision of this License Agreement
is ruled invalid, such invalidity shall not affect
the validity of the remaining portions of this License
Agreement. All terms of any purchase order or other
ordering document submitted by you shall be superseded
by this License Agreement. Should you have any questions
concerning this License Agreement, you may contact
SOLUTION UNION, LLC. The product name for the Software
is a trademark or registered trademark of SOLUTION
UNION, LLC.. All other trademarks displayed by the
Software are the property of their respective owners.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS
AND CONTRIBUTORS "AS IS" AND ANY EXPRESS
OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.
IN NO EVENT SHALL THE REGENTS OR CONTRIBUTORS BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,EXEMPLARY,
OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED
TO,PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER
IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT
OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF
THE POSSIBILITY OF SUCH DAMAGE.
20. TERMINATION
Either you or SOLUTION UNION may terminate this
Agreement with or without cause at any time by giving
notice of such termination to the other in the manner
described in paragraph 22 below. Further, if SOLUTION
UNION believes that You have violated Your obligations
under this Agreement, SOLUTION UNION may, at its
option and in addition to its other remedies, immediately
and without notice, suspend Your Account, remove
and destroy data and files stored by You on SOLUTION
UNION's servers and/or terminate this Agreement.
SOLUTION UNION will not be liable to You or any
third party for any suspension or termination of
Your Account or the Service. Should You object to
any terms and conditions of this Agreement or any
subsequent modifications thereto or become dissatisfied
with the Service in any way, Your only recourse
is to immediately: (a) discontinue use of the Service;
(b) terminate this Agreement; and (c) notify SOLUTION
UNION of such termination. Upon any termination
of this Agreement, You will cease use of the Service
and, within five (5) days after the effective date
of such termination, remove all of Your stored data
files from the SOLUTION UNION servers. SOLUTION
UNION may destroy any of Your stored data files
that are not removed from SOLUTION UNION's servers
within such five (5)-day period. Paragraphs 13,
14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 25
of this Agreement (and any other provision that
can be reasonably construed to survive termination)
will survive termination of this Agreement.
21. NOTICES
Any notice under this Agreement given by SOLUTION
UNION to You will be deemed to be properly given
if sent by email to Your email address as set forth
in the Registration Information, or by a startup
screen that starts before Your next use of the Service
or by written communication mailed by first class
US mail to Your address on record in the Registration
Information or by a display about the changed information
in the agreement on the index page if the change
is generic. It is important that you maintain a
correct working email ID and update it if necessary
to be able to receive SOLUTION UNION's communication.
Any notice under this Agreement given by You to
SOLUTION UNION will be deemed to be properly given
if received by email sent to support@solutionunion.com.
22. SEVERABILITY
This Agreement will be enforced to the fullest extent
permitted by applicable law. If for any reason any
provision of this Agreement is held to be invalid
or unenforceable under applicable law to any extent,
then (a) such provision will be interpreted, construed
or reformed to the extent reasonably required to
render the same valid, enforceable and consistent
with the original intent underlying such provision
and (b) such invalidity or unenforceability will
not affect any other provision of this Agreement.
23. MODIFICATIONS TO THIS
AGREEMENT
The terms and conditions of this Agreement may be
changed by SOLUTION UNION from time to time. Upon
any such change, SOLUTION UNION will notify You
of such change in accordance with paragraph 22 above
and post an updated version of this Agreement on
the SOLUTION UNION's ONLINE BACKUP MANAGER website
located at www.solutionunion.com. Your use of any
Services after such notification will constitute
Your acceptance of such changed terms and conditions.
24. MISCELLANEOUS
Your right to use the Service is personal to You,
and You will not assign any of Your rights, obligations
or interest in this Agreement or Your Account. Without
limiting the foregoing, this Agreement is binding
upon and inures to the benefit of the parties and
their respective successors and assigns. SOLUTION
UNION's failure to insist upon or enforce strict
performance of any provision or right of this Agreement
will not be construed as a waiver of any provision
or right. This Agreement will be governed by the
laws of the State of California, without regard
to its conflict of laws rules. The provisions of
the U.N. Convention on Contracts for the International
Sale of Goods and any successor treaties will not
apply. You consent to the venue and exclusive jurisdiction
of the state and federal courts located in Los Angeles
County, California, U.S.A., with regard to any claim
arising under or otherwise occurring by reason of
this Agreement or Your use of the Service or Your
Account. You will commence any claim or cause of
action arising under or otherwise occurring by reason
of this Agreement within one (1) year after the
claim or cause of action arises or such claim or
cause of action is forever barred. This Agreement
constitutes the entire agreement of the parties
with respect to the subject matter hereof and supersedes
any and all prior and contemporaneous understandings
and agreements. |
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