TERMS AND CONDITIONS OF USE - PLEASE READ CAREFULLY
Issued 20th May 2004
YOUR USE OF THIS SITE IS RESTRICTED BY THESE TERMS AND CONDITIONS AND PREVX'S LIABILITY IS LIMITED BY THE PROVISIONS OF PARAGRAPH 6 BELOW.
PREVX Limited ('PREVX') makes the entire contents of this website from time to time (the 'Site') (other than the Products) available on the following terms and conditions ('Terms'). By accessing the Site, you accept these Terms. PREVX may change these Terms at any time, at its sole discretion by posting them on this Site and your continued use of the Site and/or your use of any of the services provided through the Site constitutes your acceptance of the revised Terms.
Introduction | License and Use of Materials | Use of the Products | No Unlawful or Prohibited Use | Product and Service Availability | Warranties and Disclaimers; Liability Limitations | Submissions | Third Party Web Sites | Third Party Products and Services | Linking to Prevx.com | Governing Law and Jurisdiction | Termination; Indemnity | Copyright Infringement | General | Purchasing and Refunds
Prevx reserves the right to seek all remedies available by law and in equity for any violation of these terms and conditions. Any rights not expressly granted herein are reserved.
1. INTRODUCTION
1.1 In these Terms, the following words shall have the corresponding meanings:
1.1.1 "Content" means all content on the Site other than Products, which include without limitation, all data, databases, program code, information, documents, logos, graphics, sounds and images.
1.1.2 "Products" means software products of PREVX and accompanying documentation made available for download from the Site other than for incidentally viewing or using the Site.
1.2 The Site is owned and operated by PREVX. PREVX's address is New Park Place, Derby, DE24 8DZ England. PREVX's VAT number is 772 001270.
2. LICENSE AND USE OF MATERIALS
2.1 Unless otherwise stated, PREVX or its licensors retain all right, title and interest in and to the Site and the Content and all copyright, design rights and trade mark rights whether registered or unregistered and all other intellectual property and proprietary rights anywhere in the world therein. Unless expressly agreed otherwise in writing, any use of the Content or any extracts therefrom other than in accordance with paragraph 2.2 below for any purpose is prohibited. If you breach any of these Terms, your permission to use the Site automatically terminates and you must destroy and/or permanently erase any downloaded or printed Content and all extracts therefrom.
2.2 You may use and display the Content only for the purpose of viewing or printing extracts from the Content on a single computer, provided that: (1) any copyright or other proprietary notices of PREVX or its licensors within the Content are not deleted, modified or obscured and are reproduced on all copies of the Content; (2) such use and display is solely for your personal or internal use (that is, not for commercial gain and not distributed or otherwise transmitted outside of your home or business, or otherwise broadcast in any media); and (3) the Content is not reproduced, modified, edited, altered or enhanced in any manner.
2.3 Subject to paragraph 2.2, no part of the Site may be reproduced or stored on any website or included in any public or private electronic system or service without PREVX's prior written consent.
2.4 Any rights not expressly granted in these Terms are reserved by PREVX.
2.5 The Site and the Content are intended for users 18 years of age or older. By accessing the Site and using the Content, you warrant to PREVX that you are 18 years of age or older.
2.6 Any goodwill in any trademarks of PREVX on the Site shall accrue to the benefit of PREVX.
3. USE OF THE PRODUCTS
3.1 Use of the Products is governed by the terms of the applicable end user license agreement, which accompanies such Products. You will not be able to use, download, or install any Products unless you agree to the terms of such end user license agreement.
4. NO UNLAWFUL OR PROHIBITED USE
4.1 You will not use the Site in any manner that could damage, disable, overburden, disrupt or impair any PREVX server or any servers or networks used with the Site or interfere with use of any part of the Site by any other person or entity. You may not attempt to gain unauthorised access to any Content, other accounts, or computer systems connected to any PREVX server through hacking, password mining or any other means. You may not obtain or attempt to obtain any Content through any means not intentionally made available through the Site. Further, you will not use the Site to violate any applicable law, regulation, contract or policy.
5. PRODUCT AND SERVICE AVAILABILITY
5.1 The Site can be accessed from countries around the world and may contain references to PREVX services, programs, and products are not offered in your country. You acknowledge and agree that any such references do not constitute any obligation of PREVX to offer such services, programs, or products in your country at any time.
6. WARRANTIES AND DISCLAIMERS; LIABILITY LIMITATIONS
6.1 DISCLAIMER OF WARRANTY: THE SITE AND THE CONTENT ARE PROVIDED TO YOU 'AS IS' WITHOUT WARRANTY OF ANY KIND. ACCORDINGLY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, PREVX EXCLUDES ALL REPRESENTATIONS, CONDITIONS, TERMS OR WARRANTIES (INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS IMPLIED BY LAW OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, THE USE OF REASONABLE CARE AND SKILL, MERCHANTABILITY AND NON-INFRINGEMENT) WHICH, BUT FOR THE FOREGOING EXCLUSION, MIGHT HAVE EFFECT IN RELATION TO THE SITE OR THE CONTENT. WHILST PREVX ENDEAVOURS TO ENSURE THAT THE CONTENT IS CORRECT, PREVX DOES NOT WARRANT THE ACCURACY AND COMPLETENESS OF THE CONTENT. THE CONTENT MAY BE OUT OF DATE, AND PREVX MAKES NO COMMITMENT TO UPDATE SUCH CONTENT. PREVX DOES NOT WARRANT OR MAKE ANY REPRESENTATION CONCERNING SECURITY OF THE SITE OR THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED. PREVX IS NOT RESPONSIBLE AND WILL HAVE NO LIABILITY FOR ANY HARDWARE, SOFTWARE, COMPONENTS, DEVICES OR OTHER ITEMS OR SERVICES PROVIDED BY ANY PERSON OR ENTITY OTHER THAN PREVX OR THE FAILURES OF THE INTERNET OR ANY DATA OR TELECOMMUNICATIONS EQUIPMENT, SYSTEM OR NETWORK USED IN CONNECTION WITH THE SITE. PREVX HAS NO RESPONSIBILITY OR LIABILITY FOR THE CONFIDENTIALITY, AUTHENTICITY, ACCURACY OR DELETION OF OR FAILURE TO TRANSMIT OR STORE ANY CONTENT DISPLAYED, TRANSMITTED OR OTHERWISE PROVIDED ON OR THROUGH THE SITE.
6.2 LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT PREVX, ANY OTHER PARTY (WHETHER OR NOT INVOLVED IN CREATING, PRODUCING, MAINTAINING OR DELIVERING THE SITE), AND THE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS OF ANY OF THEM, WILL NOT BE LIABLE FOR (A) ANY LOSS OR DAMAGE THAT MAY RESULT TO YOU OR A THIRD PARTY (INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES, OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGES ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION) OR (B) ANY COSTS OF PROCURING SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, AND WHETHER IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), CONTRACT OR OTHERWISE IN CONNECTION WITH THE SITE IN ANY WAY OR IN CONNECTION WITH THE USE, INABILITY TO USE OR THE RESULTS OF USE OF THE SITE, ANY WEBSITES LINKED TO THE SITE OR THE MATERIAL ON SUCH WEBSITES, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DUE TO VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE SITE OR YOUR DOWNLOADING OF ANY MATERIAL FROM THE SITE OR ANY WEBSITES LINKED TO THE SITE EVEN IF PREVX HAS BEEN ADVISED OF SUCH DAMAGES OR THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT PREVX'S LIABILITY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE (AS SUCH TERM IS DEFINED BY THE UNFAIR CONTRACT TERMS ACT 1977 (AS AMENDED)); (II) FRAUD; (III) MISREPRESENTATION AS TO A FUNDAMENTAL MATTER; OR (IV) ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
7. SUBMISSIONS
7.1 Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to the Site will be considered non-confidential and non-proprietary. PREVX will have no obligations with respect to such material. PREVX will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
7.2 You are prohibited from posting or transmitting to or from the Site any material:
7.2.1 that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, may incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
7.2.2 that constitutes unsolicited or unauthorized advertising, promotional materials, spam, chain letters, pyramid schemes or any other form of solicitation;
7.2.3 for which you have not obtained all necessary licenses and/or approvals;
7.2.4 which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party (including, without limitation, intellectual property rights), in the UK or any other country in the world; or
7.2.5 which is designed to interrupt, harm or limit the use or functionality of any computer software, hardware or telecommunications equipment (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
7.3 You, and not PREVX, are solely responsible for any and all material that you post, store, transmit or receive by any method on or through the Site. You acknowledge that PREVX does not pre-screen or control materials posted on the Site by end users and is not obligated or responsible to verify the accuracy, reliability, timeliness or appropriateness of such materials. Without limiting the foregoing, you agree that PREVX may, in its sole discretion, remove or refuse to post, store or transmit any materials submitted by you.
7.4 PREVX will fully co-operate with any law enforcement authorities or court order requesting or directing PREVX to disclose the identity or locate anyone posting any material in breach of paragraph 7.2.
8. THIRD-PARTY WEB SITES
8.1 The Site contains links to third-party websites, which are not under the control of PREVX. Please note that these links are for your convenience only. When you click on these links you are moving to another website.
8.2 PREVX does not endorse nor does it make any representation about third-party websites which are linked from the Site, nor any material posted on such third-party websites. When you access a third-party website, you do so at your own risk.
9. THIRD-PARTY PRODUCTS AND SERVICES
9.1 The Site may contain information about products and services of third parties for informational purposes only. PREVX does not warrant impliedly or expressly the quality and/or reliability of such third party products and services. PREVX makes no recommendations or endorsements about third-party products and services.
10. LINKING TO PREVX.COM
10.1 Subject to paragraphs 10.2 and 10.3, you may create a link from your website to the home page of the Site provided that you do not link to the Site from any website which:
10.1.1 replicates Content;
10.1.2 creates a border environment or browser around Content;
10.1.3 presents misleading or false information about PREVX's services or products;
10.1.4 misrepresents PREVX's relationship with you;
10.1.5 implies that PREVX is endorsing or sponsoring you or your services or products;
10.1.6 (other than as provided in paragraph 10.3 below) uses PREVX's name or trademarks without prior written permission from PREVX;
10.1.7 contains content that could be construed as obscene, defamatory, pornographic, threatening, degrading or inappropriate as determined by PREVX in its sole discretion; or
10.1.8 contains materials that are unlawful.
10.2 You agree to immediately remove any link to the Site at any time upon PREVX's request.
10.3 Upon linking to the Site pursuant to paragraph 10.1, PREVX shall grant you a non-exclusive, non-transferable, royalty-free license, subject to your compliance with these Terms, to use the PREVX trademark solely for the purposes of providing an under-lined, textual link from your website to the Site.
10.4 You may not link to an internal or subsidiary page of the Site located one or several levels down from the Site's home page nor use a frame or framing techniques to display any Content within another website.
11. GOVERNING LAW AND JURISDICTION
11.1 You agree that all matters relating to your access to, or use of, the Site shall be governed by the laws of England. You agree and hereby submit to the non-exclusive jurisdiction of the English Courts. PREVX makes no representation that information on the Site is appropriate or available for use in all countries, and prohibits accessing materials from territories where content is illegal. Those who access the Site do so on their own initiative and of their own risk and are responsible for compliance with all applicable laws.
12. TERMINATION; INDEMNITY
12.1 PREVX may, in its sole discretion and without notice to you, terminate your use of, or access to, the Site at any time if PREVX believes that you have violated these Terms or any applicable law or regulation or that you have engaged in conduct that PREVX determines in its sole discretion to be inappropriate.
12.2 You agree to indemnify, defend and hold PREVX (and its parents, affiliates, directors, officers, employees, shareholders, agents and partners) harmless from any and all claims, damages, liabilities, costs and expenses (including reasonable attorneys' fees) arising out of (a) your use or misuse of the Site or any Content, (b) your breach or alleged breach of any of these Terms or (c) your violation of any law, rule, regulation or rights of others.
13. COPYRIGHT INFRINGEMENT
13.1 If you believe your work has been copied in a way that constitutes copyright infringement and is accessible on the Site, please notify PREVX in accordance with the following procedure:
All notifications of copyright infringement must be in writing and directed to PREVX's designated agent at the following address:PREVX Limited, New Park Place, Derby, DE24 8DZ England, fax number or contact page. Each notification must include the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single website are covered by a single notification, a representative list of such works at that website;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to permit PREVX to locate the material;
4. Information reasonably sufficient to permit PREVX to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
14. GENERAL
14.1 All notices shall be given:
14.1.1 to us, by our contact page or by post to PREVX Limited, New Park Place, Derby, DE24 8DZ England.
14.1.2 to you, by email to the email address that you provide to us at the point of your registration, as may be amended by you on the Personal Details section of the Site from time to time.
14.2 All notices sent by email will be deemed to have been received on receipt (or, when received on a UK national holiday or on a Saturday or a Sunday, the next working day following the day of receipt). All notices sent by post within the UK will be deemed to have been received 3 working days after the date of posting. All notices sent to or from outside of the UK will be deemed to have been received 7 working days after date of posting.
14.3 We may from to time to time change the Content or suspend or discontinue any aspect of the Site, which may include your access to it. Subject to our notifying you to the contrary, any amendments to the Site or new Content will be subject to these Terms.
14.4 These Terms, together with the Privacy Policy are the whole agreement between you and PREVX on this subject matter. You acknowledge that you have not entered into this agreement in reliance on any warranty or representation made by us (unless made fraudulently). We may alter these Terms from time to time and post the new version on the Site, following which all use of the Site will be governed by that version. If a court decides that any part of these Terms cannot be enforced, that particular part of these Terms will not apply, but the rest of these Terms will. A waiver by a party of a breach of any provision shall not be deemed a continuing waiver or a waiver of any subsequent breach of the same or any other provisions. Failure or delay in exercising any right under this agreement shall not prevent the exercise of that or any other right. You may not assign or transfer any benefit, interest or obligation under this agreement. The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to this agreement.
15. PURCHASING & REFUNDS
15.1 By placing an order on this site you agree to abide by these conditions. If you are purchasing for home use, then these conditions do not affect your statutory rights where these cannot be limited or excluded by applicable law.
15.2 As a home user, then prior to installing, activating or using the software, you will have a legal "cooling off period" during which you may cancel your order for any reason without penalty for up to seven (7) working days after purchase.
15.3 Such right to cancel terminates if you use the software before the cooling off period expires. Use of the software is defined as installation or activation of the software using the activation license key.
15.4 All cancellation notices must be in writing (including email) and addressed to Prevx Limited, 3 New Park Place, Pride Park, Derby DE24 8DZ, or by email to refundenquiries@prevx.com
15.5 The notice will be treated as given on the day it was delivered to the above address (by hand); date of posting (if sent by post); date of email to the above address.
15.6 If you have paid in advance, you will be refunded within 30 days of giving the cancellation notice.
15.7 Prevx 3.0 users who purchase a single user license key may during the first 14 days of use request a refund in the event that the product or Prevx support staff fail to remove an infection that was present on the PC prior to installation of the product.
Where a customer believes that the product has failed to remove an infection that was present on the PC prior to installation of the product they must report this to Prevx using the "Help & Support" link available on the bottom right hand corner of the Prevx 3.0 console. Prevx will thereupon schedule a remote access PC session with the user’s PC to enable a Prevx support consultant to investigate the infection and resolve it. Refunds will only be given in case where the customer reports the infection via the correct process, allows the Prevx support consultant access to their PC using remote diagnostic tools for a period of up to one hour, and where the Prevx is unable to remove the infection. Refunds will be processed within 30 days of the date when the infection was first reported to Prevx
