End-User License Agreement
OpenDrive requires that you accept the following End-User License Agreement before installation can proceed:
BY USING THIS SITE, THE SERVICES AVAILABLE AT THIS SITE, AND ANY SERVICE, SOFTWARE, APPLICATION, OR PROGRAM CREATED BY OPENDRIVE, YOU ARE AGREEING TO THE FOLLOWING TERMS AND CONDITIONS, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS (THE "AGREEMENT") GOVERNING YOUR USE OF OPENDRIVE'S ONLINE SERVICE, INCLUDING OFFLINE COMPONENTS (COLLECTIVELY, THE "SERVICE"). IF YOU ARE ENTERING IN TO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESES TERMS AND CONDITIONS, YOU MUST SELECT THE "I DECLINE" BUTTON AND MAY NOT USE THE SERVICE.
OpenDriveis a provider of Internet-based data storage, backup, and transfer resources. It is our goal to provide the highest level of security, speed, and reliability to our clients -- both consumer and business.
OpenDrive offers Services at its website, www.opendrive.com
2. Free Account Definition:
OpenDrive offers Free account with a limited amount of storage and Paid accounts. Free accounts offer limited featurescompared to paid accounts and are subject to certain limitations from time to time. OpenDrive provides free accountswith up to 5gb of storage without charge. OpenDrive reserves the right to terminate Free accounts any time. Free accounts are subject to termination, with or without prior notice. OpenDrive may remove, without notice, any or all data stored in a Free account if the account has been inactive for 90 days.
3. Incomplete Signup E-mails:
If you begin the sign up process for OpenDrive but fail to complete the process, OpenDrive may contact you in an effort to help successfully guide you through this process. You hereby authorize OpenDrive to make such contact, even if you ultimately determine not to sign up for OpenDrive.
4. Non-Transferable Membership:
OpenDrive grants you a personal, non-exclusive, non-transferable license to use the products and software contained in or made available through the Service (the "Content") solely for your own internal purposes. All rights not expressly granted by OpenDrive to you are retained.
You are permitted to store, manipulate, analyze, reformat, print, and display the Content only for your personal use. Unauthorized use of the Service, or the resale of the Services without OpenDrive's prior written consent, is expressly prohibited. You shall not copy, license, sell, transfer, transmit, make available, distribute, publish, or assign this license or the Content in any format to any third party.
6. Third Party Interaction:
In your use of the Service, you may enter into correspondence with, purchase goods and/or services, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. OpenDrive shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party.
7. Links to Third Party Sites:
OpenDrive does not endorse any sites on the Internet that are linked through the Service. OpenDrive is providing these links to you only as a matter of convenience, and in no event shall OpenDrive be responsible for any content, products, or other materials on or available from such sites.
8. Payment of Fees:
OpenDrive offers its Service, as described on the OpenDrive website (www.opendrive.com) and as published within the Service, for monthly or annual fees (the "Fees") which you will pay to OpenDrive by authorized credit card or by PayPal. The Fees applicable for the Service are available at www.OpenDrive.com and as published within the Service. OpenDrive reserves the right to change the Fees or applicable charges and to institute new charges at any time, upon thirty (30) days prior notice to you (which may be sent by e-mail). Your authorized credit card will automatically be charged Fees on the 1st of the month, or the expiration of the initial trial period, if any, whichever is earlier. Thereafter, the Fees will automatically be charged to your authorized credit card, in advance, on or about the 1st day of your subscription billing cycle.
You may cancel your subscription at anytime through OpenDrive Support. In the event you cancel the Service, OpenDrive will not refund any Fees already paid by you (monthly or annual fees). You must cancel your Paid account twenty-four (24) hours before it renews each month or year in order to avoid billing of the next month's or year's fees to your credit card. Your cancellation will be effective immediately upon receipt of cancelation confirmation.
Your OpenDrive account will be considered delinquent if your credit card company refuses for any reason to pay the amount billed to it and that amount remains unpaid at the beginning of the next accounting cycle. The Service may be suspended, archived or purged from system if account is delinquent for more than 30 days. OpenDrive may impose a charge to restore archived data from delinquent accounts.
If you believe OpenDrive has billed you incorrectly, you must contact OpenDrive no later than 60 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to OpenDrive's Customer Support department (support@OpenDrive.com).
Please remember that OpenDrive bills you immediately for the extra features you order. If you choose to cancel the extra features after your card has been billed for the month, you will not be reimbursed for the days you did not use the features.
9. Trial Offers, Coupons, Credits and Special Offers:
OpenDrive reserves the right to discontinue or modify coupons, credits and special promotional offers at our discretion.
10. User Conduct:
You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with the Service. In addition, without limitation, you agree not to use the Service to: (a) use information from the Service in connection with sending unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (b) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (c) transmit through or post on the Service unlawful, harassing, libelous, abusive, harassing, tortious, defamatory, threatening, harmful, abusive, libelous, invasive of another's privacy, vulgar, obscene or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; (d) transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity; (e) transmit any material that contains software viruses or other harmful or deleterious computer code, files or programs such as trojan horses, worms, time bombs, cancelbots; (f) interfere with or disrupt servers or networks connected to the Service or violate the regulations, policies or procedures of such networks; (g) attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or (h) harass or interfere with another user's use and enjoyment of the Service.
OpenDrive has no obligation to monitor the Service and/or Content or any user's use thereof or retain the content of any user session. However, OpenDrive reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
11. Account Information and Data:
OpenDrive does not own any data, information or material that you submit to the Service or store in your account ("Data"). OpenDrive will not monitor, edit, or disclose any information regarding you or your account, including any Data, without your prior permission except in accordance with this Agreement. OpenDrive may access your account, including its Data, to respond to service or technical problems or as stated in this Agreement. You, not OpenDrive, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Data and OpenDrive shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Data.
OpenDrive, in its sole discretion, may terminate your password, account or use of the Service and remove and discard any Data within the Service if you fail to comply with this Agreement. You may terminate your user account upon notice to OpenDrive at any time; however, you will not receive a refund of any portion of your fees paid to OpenDrive. Upon termination by OpenDrive or at your direction, you may request a file of your Data, which OpenDrive will make available for a fee. You must make such request at the notification of termination to receive such file at the time of the cancelation request. Upon termination of an account, your right to use such account and the Service immediately ceases. OpenDrive shall have no obligation to maintain any Data stored in your account or to forward any Data to you or any third party.
13. Proprietary Rights:
Except for the licenses granted herein, you have no right, title or interest in or to the Service or any Content. You agree that OpenDrive or its licensors retain all proprietary right, title and interest, including copyright and all other intellectual property rights, in and to the Service and Content, including, without limitation, text, images, and other multimedia data. OpenDrive and/or other OpenDrive products and services referenced herein are either trademarks or registered trademarks of OpenDrive.
You shall indemnify and hold OpenDrive and its parents, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents, harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys' fees and costs) arising out of or in connection with your use of the Service (including the Content) or breach of this Agreement.
15. Disclaimer of Warranties:
OPENDRIVE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. OPENDRIVE DOES NOT REPRESENT OR WARRANT THAT: (I) THE USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (II) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (IV) ERRORS OR DEFECTS WILL BE CORRECTED, (V) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY OPENDRIVE.
16. Limitation of Liability:
IN NO EVENT WILL ANY OPENDRIVE 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 OPENDRIVE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION K 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 OPENDRIVE 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, OpenDrive is found responsible to any OpenDrive User for any reason whatsoever, OpenDrive's responsibility shall be limited to the amounts actually paid by such user the one (1) month period immediately preceding the event given rise for such claim for, and shall not include punitive damages or consequential or resulting damages of any nature.
17. European Users:
By using the OpenDrive Services, Users in the European Union understand and consent to the processing of personal information in the United States.
18. Additional Rights:
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.
19. Modification to Terms:
OpenDrive reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the Service. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.
20. Choice of Law and Location for Resolving Disputes:
No text or information set forth on any other purchase order, preprinted form or document shall add to or vary the terms and conditions of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and OpenDrive as a result of this agreement or use of the Service. The failure of OpenDrive to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by OpenDrive in writing. OpenDrive has the right to assign any or all of its rights and obligations under this Agreement at any time. This Agreement comprises the entire agreement between you and OpenDrive and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
22. Manual Data Backup Policy:
OpenDrive provides manual data backup option to speed up backup process on your computer or servers with following terms: Authorization: You authorize OpenDrive, its employees, and agents, to conduct an evaluation of the data provided to us to determine backup timing. Legal Rights: You are the legal owner, representative, or otherwise has a legitimate right to the property or act on the owners behalf and all data contained therein sent to OpenDrive. Liability: OpenDrive assumes no liability for any claims regarding the physical functioning of media and or equipment nor the condition or existence of data on storage media supplied before, during or after service. In no event will OpenDrive be liable for any loss of data or loss of revenue or profits or any special, incidental, contingent, or consequential damages, however caused, before, during or after service even if OpenDrive has been advised of the possibility of damages or loss to persons or property. Our liability of any kind with respect to the services, including any negligence on its part, shall be limited to the contract price for the services. You and OpenDrive agree that the sole and exclusive remedy for unsatisfactory work or data shall be, at our option, additional attempts by us to backup satisfactory data. We will provide a storage drive for manual backup, after a request has been made. OpenDrive reserves the right to charge your credit card or payment method $150 to compensate for the drive if the storage drive is not returned within 30 days of delivery. Confidentiality: We will protect the confidentiality of your data against unauthorized disclosure using the same degree of care used to protect our own confidential information. OpenDrive and its officers and employees agree not to disclose any data to any third party unless under final appeal and penalty of State, Federal or International Law. OpenDrive provides an absolute NON DISCLOSURE By requesting a storage drive to be sent to you for manual backup, you are agreeing to this policy.
23. Copyright Policy and Removal Policy:
OpenDrive respects the intellectual property of others, and we expect our users to do the same. OpenDrive will respond expeditiously to claims of copyright infringement committed using the OpenDrive service and/or the OpenDrive website if such claims are reported to OpenDrive. OpenDrive, in its sole discretion, may terminate the accounts of users who infringe the rights of others. If you believe that your copyrights or other intellectual property rights have been infringed on a site hosted on OpenDrive or through its services, you should provide OpenDrive's Copyright Agent with DMCA Notice that includes the following information: Identification of the copyrighted work that you claim has been infringed; Identification of the material, including URL, that you claim is infringing. Your address, telephone number, and e-mail address; A statement declaring under penalty of perjury that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; the above information in your notice is accurate, and you are the owner of the copyright interest involved or you are authorized to act on behalf of that owner; Electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest. OpenDrive's Copyright Agent for Notice of claims of Copyright infringement can be reached as follows: Copyright Agent OpenDrive, Inc. 228 Hamilton Avenue, 3rd Floor Palo Alto, California 94301 By email: email@example.com
Questions or Additional Information:
If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to firstname.lastname@example.org.
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