Terms of Service
2. Description of Service
DriverAssist offers its users the ability to perform automated updating of device drivers on personal computers. A full description of DriverAssist’s capabilities can be seen in our Product Capability Statement.
4. Rules of Conduct
We expect all users to act with respect and decency when using our Site. Therefore, we do have some rules governing what you may or may not do. When using our Site you agree that you will not:
- Violate any provision of law applicable in the United States, the EU or any country that you reside in.
- Violate any applicable legislation, treaty, or other rule in force of the United States or any other political entity having jurisdiction over this Agreement, you, SafeBytes, or the Service that we provide.
- Hack, crack, phish, SQL inject, or otherwise interfere with the integrity of the computer systems of our Service, Site or users.
- Run any bots or other software to aggregate or browse our content.
- Infringe on anyone’s intellectual property rights.
- Defame anyone or do anything that is illegal.
- Use our Site, Service for fraud.
- Provide false or inaccurate content.
- Impersonate any person or business entity or misrepresent your affiliation with a person or entity.
- Collect or store personal information about other end users.
- Otherwise act in a manner which, at SafeBytes’ sole discretion, is objectionable.
Failure to comply with these rules or any terms or conditions with this Agreement may result in the termination of your account or the restriction of access to this Site. You agree that we have sole discretion in deciding whether your actions or behavior constitute a breach of this Agreement.
5. Grant of Limited License to Use Our Site and Services
We grant you a limited license to access our Site and use any of our Services. As a user, your license is limited to your personal use and entertainment only. This means you cannot sell access to our materials or the Site or Service, share your license to use our Site and Service with anyone else, reverse engineer or otherwise attempt to copy our Site and Service, or try and make money off of our Site and Service without our express written permission. When you purchase our software through our Site, your software is subject to our Software Licensing Agreement.
Our Site is free to use. However, if you wish to purchase DriverAssist software you will be required to provide your credit card information to our third party payment processor.
At SafeBytes, we want you to be satisfied with our products. Therefore, we offer a 30 day money back guarantee for our software. Please notify us at firstname.lastname@example.org for any refund inquiries, and visit our Refund Policy for more information.
8. Our Copyright
You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on our Site, our Service or software without our prior written permission. This includes, but is not limited to, a prohibition on aggregating, streaming, copying, or otherwise reproducing any content found on the Site. Your copying not only has the potential to affect certain copyrights that we may hold in the arrangement of our data or point keeping systems, but may also infringe on a third party’s copyright. You agree that this section limits your rights more than the simple application of intellectual property law would, and constitutes a contractual obligation binding to you beyond the applicable intellectual property laws.
“DriverAssist” is a trademark used by us, SafeBytes Software Inc., to uniquely identify our Service, Site and software. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our Site or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph.
10. COPPA Compliance
You must be at least 18 years of age to use our Site and Service. We do not collect, process or store information from users under the age of 18.
11. Limitations on Liability
IN NO EVENT SHALL SAFEBYTES, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY OF OUR SOFTWARE OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF OUR SOFTWARE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
IN THE EVENT OF ANY PROBLEM WITH THIS SITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT YOU EXPERIENCE A PROBLEM WITH OUR SOFTWARE OR SERVICES YOU AGREE THAT YOUR SOLE REMEDY IS TO STOP USING OUR SITE AND SERVICE. IN THE EVENT THAT YOU EXPERIENCE A PROBLEM WITH A THRID PARTY WHILE USING OUR SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS WITH THAT THIRD PARTY AND NOT SAFEBYTES. SAFEBYTES IS NOT LIABLE TO YOU OR TO THIRD PARTIES FOR ANY DAMAGE, HARM, INJURY OR CLAIM THAT ARISES FROM YOUR USE OF ANY PRODUCTS PURCHASED FROM OUR SITE. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF SAFEBYTES, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.
For your convenience, the following are some important details of this Agreement that affect your rights and remedies:
- We take no responsibility and assume no liability for any claim, action, petition, demand for arbitration or lawsuit alleging injury or damage resulting from any use of our Site, software or Service, whether arising in tort or contract, law or equity;
- Your ability to use or interact with this website is a privilege, not a right, and we reserve the right to take any action that we deem proper, without notice, to prevent any violation, enforce any provision, or rectify any alleged violations of this Agreement or any applicable law at our sole discretion.
SAFEBYTES SHALL NOT BE LIABLE FOR ANY OTHER REASON OR FOR DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THIS CLAUSE IS PROHIBITED OR RESTRICTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF SAFEBYTES, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM.
12. Disclaimer of Warranties
OUR SITE AND SERVICE ARE OFFERED “AS-IS”. SAFEBYTES MAKES NO REPRESENTATIONS THAT THE SERVICE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SOFTWARE, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
WE ARE NOT LIABLE FOR ANY FAILURE OF SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR SITE WHICH PREVENTS ACCESS TO OUR SITE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “DISCLAIMER OF WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our Service to you, including any damages caused by your use of our Site, software and Service, or by your breach of this Agreement. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
14. Choice of Law
This Agreement shall be governed by the laws in force in the province of Quebec, Canada. The offer and acceptance of this contract is deemed to have occurred in the province of Quebec, Canada.
15. Forum of Dispute
In case of any dispute between you and us, you agree that the proper forum to bring such dispute will be in a court or tribunal nearest to Montreal, QC, Canada.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that in the event of a dispute arising from or relating to this Agreement or our provision of services to you, the unsuccessful party will be responsible for reimbursing the successful party’s reasonable attorneys’ fees, costs, and disbursements in relation to the dispute.
16. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, invasions, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, SafeBytes Software shall have the sole right to elect which provision remains in force.
18. Third Party Links
You may be able to access third party links from our website. Although we try to keep our website as secure as possible, we cannot review all links and are not responsible for any content on third party websites. Please exercise caution when clicking on any third party links. You agree that you are solely responsible for accessing any links from our website to a third party site.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
20. Termination & Cancellation
We may terminate your account or our provision of our Service to you, at our discretion without explanation, though we will strive to provide a timely explanation in most cases. You may cancel your account at any time; however we may retain your information for a period up to 2 years.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified. You must visit this page each time you come to our Site and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Agreement. You must agree to the amendments as a condition of your continued use of our Site and Service. If you do not agree, you must immediately cease using our Site and Service and notify us of your refusal to agree by e-mailing us at email@example.com.
23. California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about SafeBytes Software must be addressed to our agent for notice and sent via certified mail to:
SafeBytes Software Inc.
2001 University Street
Montreal, Quebec, H3A 2A6, Canada
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
LAST MODIFIED: 2015-12-01