IMPORTANT-READ CAREFULLY

The TERMS OF USE (“TOU”) is a legal agreement between you (either as an individual or any other legal entity that you represent) (“You” or “Your”) and Mutare, Inc. (“Mutare”). Your access to and use of Mutare websites including www.mutare.com (collectively, the “Website”) and the services available on the Website are subject to, and governed by, the TOU. Be sure to carefully read and understand all the rights and restrictions delineated in the TOU.

For Your reference, You may print the TOU by using the “Print” option on Your browser. By accessing or using the Website, You confirm Your agreement to and acceptance of the TOU and the Privacy Policy referred to below.  If you do not want to agree to the TOU or the Privacy Policy, You must not access or use the Website.

Mutare reserves the right to update the TOU at any time without notice to You. You may view the current applicable version of the TOU at any time by clicking on the “Terms of Use” link at the bottom of each Website page.  All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.  Your continued use of the Website following Mutare’s posting of revised TOS means that You accept and agree to the changes.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CERTAIN MUTARE WEBSITES INCLUDING, BUT NOT LIMITED TO PASSWORD(S) PROTECTED WEBSITES, MAY CONTAIN TERMS OF USE IN ADDITION TO, OR DIFFERENT FROM THE TOU AND IN SUCH CASE THE TERMS OF USE POSTED ON SUCH WEBSITES SHALL SUPERSEDE THE TOU AND GOVERN TO THE EXTENT THERE IS ANY INCONSISTENCY BETWEEN THEM AND THE TOU.

Access.
1. Mutare reserves the right to withdraw or amend this Website, and any service or material provided on the Website, in Mutare’s sole discretion without notice. Mutare will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, Mutare may restrict access to some parts of the Website, or the entire Website, to users, including registered users.  You are responsible for making all arrangements necessary for you to have access to the Website and ensuring that all persons who access the Website through Your internet connection are aware of these Terms of Use and comply with them.

Mutare has the right, but not the duty, to investigate and take any action it deems appropriate, including but not limited to termination or suspension of Your access to the Website, without notice or liability for any conduct that Mutare, in its sole discretion, believes is in violation of the TOU or any applicable law or regulation or is harmful to the interests of another user, a third party provider, a service provider or Mutare. In addition, without notice or liability, Mutare may disclose Your identity or other information about You to any third party who claims that Your use of the Website violates their rights, including their intellectual property rights or their right to privacy, and to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website

2. Mutare makes no representation that the information contained in the Website is appropriate or available for use throughout the world. It is forbidden to access the Website from territories where the legislation provides that the content or use of the Website is illegal. You choose to use the Website at Your own risk and on Your own initiative, and it is Your responsibility to ensure that You conform to all applicable local laws and regulations.

Restrictions. Without limiting the generality of the foregoing, You acknowledge that Mutare expressly prohibits and You agree not to use the Website (including by posting Third Party Content):  (a) in a manner that is actually or potentially false, inaccurate, misleading, libelous, defamatory, threatening, harmful, abusive, harassing, discriminatory, hateful, vulgar, sexually-oriented, indecent, obscene, otherwise objectionable, in violation of any third party intellectual property rights (including, without limitation, the infringement of any copyright, trademark, trade secret or other intellectual property right of others) or privacy rights of any person, or is otherwise unlawful under any applicable law or regulation; (b) to misrepresent an affiliation with, or otherwise impersonate, any person or organization; (c) to download or upload a file or software or include on the Website any content, software, files or links that You know, or have reason to believe, cannot be distributed legally over the Website; (d) to harass, stalk or otherwise subject any other user of the Website to unwanted and/or inappropriate contact; (e) to post, transmit or make “spam,” unsolicited messages or communications, including mail, e-mail, phone calls, texts or faxes, and/or advertise or telemarket any products or services either by directly posting on the Website or by making unsolicited contact with any user via email, telephone, text, postal mail or any other method of communication; (f) to advocate illegal activity or discuss an intent to commit an illegal act; (g) to take any action to circumvent or attempt to circumvent the security and access control measures of the Website; (h) to make any changes, additions and/or deletions to any of the Third Party Content posted by any user without the express written authorization of such other user; (i) to include any misleading, irrelevant and/or hidden keywords in any Third Party Content posted by You; (j) to frame or link to the Website any of the content or information available from the Website unless Mutare expressly consents to such linking and/or framing; (k) to intentionally expose the Website to any computer virus, corrupted data, or any other program or code intended to disrupt or disable operation of the Website; (l) to use any robot, spider or other program or device to retrieve or index any portion of the Website; (m) to harvest or otherwise collect information about other users for any purpose other than use of the Website as expressly permitted herein; (n) to distribute, reproduce, duplicate, copy, transfer, modify, license, sell, trade, or resell any content, unless Mutare expressly agrees otherwise in writing; (o) to use any trademark, service mark, trade name, or logo of any company or organization in conjunction with the Website in a manner that is likely or intended to cause confusion about the owner or authorized user of such mark, name, or logo; or (p) to engage in any other conduct that (1) violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries; (2) restricts, prevents or inhibits anyone’s use or enjoyment of the Website, or which, as determined by Mutare, may harm Mutare or users of the Website or expose any of them to liability; (3) interferes with, disrupts, disables, damages, or overburdens the Website or associated servers, networks, or software; or (4) damages any Mutare or third party property, information or software, including, without limitation, Mutare’s confidential information and Third Party Content.

Intellectual Property.
3. General.  The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Mutare, its licensors or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.  The TOU permit You to use the Website for your personal, non-commercial use only, strictly in accordance with the TOU. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as expressly permitted in the TOU.  All rights not expressly granted are reserved by Mutare and, except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any trademark, patent, copyright, mask work protection right or any other Intellectual Property right of Mutare or any third party.  “Intellectual Property ” means any and all: (i) rights associated with works of authorship throughout the world, including but not limited to copyrights, neighboring rights, moral rights, and mask works, (ii) trademark and trade name rights and similar rights, (iii) trade secret rights, (iv) patents, algorithms, designs and other industrial property rights, (v) all other intellectual and industrial property rights (of every kind and nature throughout the world and however designated) whether arising by operation of law, contract, license, or otherwise, and (vi) all registrations, initial applications, renewals, extensions, continuations, divisions or reissues thereof now or hereafter in force (including any rights in any of the foregoing).

4. Copyright. Mutare, its suppliers or the original creator of the material own all copyrights to material on the Website and all other intellectual property rights related to the Website. To the extent that Mutare has the right to do so without compensation to third parties, and except for material specifically provided under other terms, Mutare grants You permission to copy (but not modify) materials on the Website solely for Your non-commercial use in support of Mutare products. You agree that any copies of material shall retain all copyright and other proprietary notices in the same form and manner as the original. You may not, without Mutare’s permission, “mirror” any material contained on the Website or any other server. You acknowledge and agree that You are expressly prohibited from using any materials found on this Website to the detriment of Mutare in any type of patent infringement proceeding. Your failure to comply with this prohibition constitutes copyright infringement of the materials at issue.

Trademarks. Mutare and the Mutare logo are trademarks or service marks, whether registered or not, of Mutare. Nothing in the Website may be interpreted to grant to You, directly or indirectly, the use of a trademark or service mark reproduced on the Website, whether belonging to Mutare or third party suppliers, without the prior written permission of Mutare. All other trademarks and service marks are the property of their respective owners.

5. Reporting Claims of Copyright Infringement.  Mutare takes claims of copyright infringement seriously. Mutare will respond to notices of alleged copyright infringement that comply with applicable law.  If You believe that any content on the Website infringes Your copyright rights, please contact Mutare’s designated agent for receiving such notifications in writing as follows:  Mutare, Inc., 2325 Hicks Rd, Rolling Meadows, IL 60008, Attention:  Privacy Officer, email info@mutare.com or call +1 (847) 496-9000).  In your communication, please include:  (i) Your physical or electronic signature; (ii) Identification of the copyrighted work You claim to have been infringed, or, if there are multiple copyrighted works, a representative list of such works; (iii) Identification of the material that You claim to be infringing, and information reasonably sufficient to permit Mutare to locate the material; (iv) Information reasonably sufficient to permit Mutare to contact You, such as an address, telephone number, and, if available, an email address; (v) A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by You or the law; and (vi) A statement that the information Your notification is accurate.  If the communication is submitted by someone on Your behalf, the communication must also contain a statement that, under penalty of perjury, the submitter is authorized to act on Your behalf.  Where appropriate and at Mutare’s sole discretion, Mutare may terminate the accounts or subscription of repeat infringers.

Communications and Information Provided to Mutare.
Mutare does not want You to, and You should not, send or post any confidential or proprietary information to Mutare via the Website (including via submission of an email, chat message, filling out a service request or any other method of submission or posting). Any submission or posting of Third Party Content or the like by You to Mutare or the Website shall be deemed to be non-proprietary and non-confidential, and You otherwise grant Mutare an unrestricted, nonexclusive, worldwide, royalty-free, irrevocable, transferable license to (in any media now known or not currently known or invented) under any and all of Your Intellectual Property rights to record, link to, use, copy, duplicate, reproduce, display, perform, modify, transmit, distribute, make, have made, sell, and/or otherwise use and exploit any and all such Third Party Content or derivative works thereof and to sublicense those rights through multiple tiers of sublicensees. Notwithstanding anything herein to the contrary, You hereby assign to Mutare all right, title and interest worldwide in all Intellectual Property rights in and to any new feature improvement or idea that You may suggest, post or submit to Mutare relating to Mutare or third party products, services or Websites (collectively, “Feedback”), and You acknowledge and agree that Mutare 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, services or Websites incorporating such information.

Third Party Content. “Third Party Content” means, collectively: (a) content and information, including but not limited to Third Party Materials, licensed by Mutare from third parties for display, access, use or download via the Website, and (b) questions, comments, suggestions, content, information, material, software, including in partial or complete form or in source code or binary object code format, or the like posted, uploaded or submitted to the Website by You or other third party users of the Website. Some Third Party Content may be licensed by Mutare for use on the Website. Such Third Party Content shall be subject to the license set forth above unless otherwise agreed to in writing by Mutare or such Third Party Content indicates that it is subject to other terms, in which case such other terms shall apply. You acknowledge that You are solely responsible for the Third Party Content You post to the Website and that You, and not Mutare, will have full responsibility for the Third Party Content You post, including its legality, reliability, appropriateness, originality and copyright. By posting any Third Party Content to the Website that contains images, photographs, pictures or that are otherwise graphical in whole or in part (“Images”), You warrant and represent that (i) You are the copyright owner of such Images, or that the copyright owner of such Images has granted You permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of Your use and as otherwise permitted by the TOU, (ii) You have the rights necessary to grant the licenses and sublicenses described in the TOU, and (iii) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in the TOU, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. No compensation will be paid with respect to the use of Your Images. Mutare reserves the right to pre-screen, refuse, flag, filter, or remove any Third Party Content posted on the Website, including any of Your Third Party Content, which Mutare, in its sole discretion, deems inconsistent with the TOU, including any Third Party Content Mutare has been notified or has reason to believe constitutes intellectual property infringement. Notwithstanding any other provision in the TOU, Mutare may take any such action(s) without notice or liability to You or any other party, although Mutare will have no obligation or responsibility to take any such action or review Third Party Content that is posted on the Website. Accordingly, Mutare assumes no liability for any action or inaction regarding transmissions, communications, or content provided by You or any third parties. MUTARE DISCLAIMS ALL WARRANTIES WITH REGARD TO THIRD PARTY CONTENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Information provided by You via the Website, including by written or oral communications or other electronic means, may be recorded for quality assurance, diagnostic and training purposes. By submitting information using the Website, You consent to such recordation and usage as described in Section 3.1, above.

Any personal data provided by You will be treated as set forth in Section 12 below.

Links. THE LINKS ON THE WEBSITE MAY LET YOU LEAVE MUTARE’S WEBSITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF MUTARE AND MUTARE IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. MUTARE IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. MUTARE IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY MUTARE OF THE SITE. YOUR USE OF ANY LINKED SITE IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS OF USE AND PRIVACY POLICIES LOCATED ON SUCH SITE.

Transactions with Third Parties. Mutare may operate an on-line marketplace on certain of its Websites that allow third party developers to make software or services (“Third Party Materials”) available to users via the Website. The Third Party Materials available on these Websites is, in each case, the copyrighted work of the respective third party developer, and may be subject to license agreements, terms of use and/or privacy policies of such third party developer. Mutare does not guarantee the quality, accuracy, legality or safety of Third Party Materials, nor does Mutare guarantee the ability of third party developers to provide Third Party Materials or the ability of acquirers to pay for them. MUTARE DISCLAIMS ALL WARRANTIES WITH REGARD TO THIRD PARTY MATERIALS, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Product or Services Availability. The availability of the products or services described on the Website, and the product or service descriptions, may vary from country to country. You should consult the applicable Mutare affiliate or authorized distributor for availability of specific products or services in Your area.

Export of Information.  The owner of the Website is based in the State of Illinois in the United States. Mutare provides this Website for use only by persons located in the United States. Mutare makes no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If You access the Website from outside the United States, You do so on Your own initiative and are responsible for compliance with local laws.  The United States Export Controls laws prohibit the export of certain technical data and software to certain territories. No content from the Website may be downloaded or otherwise exported in violation of United States law or any other local law from where You may be accessing the Website. You agree to comply with all United States and foreign Federal, State and local laws and regulations applicable to the use of the Website.

Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MUTARE, ITS AFFILIATED COMPANIES, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARTNERS, LICENSORS OR SUPPLIERS SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF (OR THE INABILITY TO USE) THE WEBSITE OR ANY MATERIAL ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO THIRD PARTY CONTENT. THIS LIMITATION OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, WHETHER AS A RESULT OF DIRECT OR INDIRECT DAMAGES, THE LOSS OR CORRUPTION OF DATA, INFORMATION OF ANY KIND, BUSINESS OR PROFIT OR ANY OTHER COMMERCIAL LOSS, EVEN IF MUTARE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THEY WERE FORESEEABLE. IN NO EVENT SHALL THE TOTAL LIABILITY OF MUTARE, ITS AFFILIATED COMPANIES, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARTNERS, LICENSORS OR SUPPLIERS TO YOU (OR ANYONE WHOSE CLAIM DERIVES FROM YOU) IN CONNECTION WITH, ARISING OUT OF OR RELATING TO THE TOU OR THE WEBSITE EXCEED FIVE HUNDRED DOLLARS ($500) IN THE AGGREGATE. YOU AGREE THAT THE LIMITATIONS SPECIFIED IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY PROVIDED IN THE TOU IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Assignment. The TOU may not be assigned or transferred by You without the prior written consent of Mutare. Mutare may assign the TOU to any affiliate or third party in part or in whole.

Disputes.
Governing Law. The TOU and any dispute, claim or controversy arising out of or relating to the TOU (“Dispute”), including without limitation those relating to the formation, interpretation, breach or termination of the TOU, will be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction). If any provision of the TOU is determined to be unenforceable or invalid, the TOU will not be rendered unenforceable or invalid as a whole, and the provision will be changed and interpreted so as to best accomplish the objectives of the original provision within the limits of applicable law. No waiver of by the Mutare of any provision or right in the TOU will be deemed a further or continuing waiver of such provision or right or a waiver of any other provision or right, and any failure by Mutare to assert a right or provision under the TOU will not constitute a waiver of such right or provision. .
Dispute Resolution.  Any Dispute will be resolved in accordance with the provisions of this Section 10.  The disputing party shall give the other party written notice of the Dispute.  The parties will attempt in good faith to resolve each Dispute within 30 days, or such other longer period as the parties may mutually agree, following the delivery of such notice, by negotiations between designated representatives of the parties who have dispute resolution authority.
Choice of Forum for Disputes.  If a Dispute by one party against the other cannot be settled under the procedures and within the timeframe set forth in Section 10.2, then either party may bring a litigation against the other.  Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the Federal courts of the United States or the courts of the State of Illinois in each case located in the City of Chicago, Cook County, Illinois, although Mutare retains the right to bring any suit, action or proceeding against You for breach of the TOU in Your jurisdiction of residence or operations. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.

6. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL FOR ANY DISPUTE BASED UPON OR ARISING OUT OF, DIRECTLY OR INDIRECTLY, THE TOU AND/OR THE USE OF THE WEBSITE.

Injunctive Relief. Nothing in this section will be construed to preclude Mutare from seeking provisional remedies, including but not limited to temporary restraining orders and preliminary injunctions from any court of competent jurisdiction in order to protect its rights at any time. In addition and notwithstanding the foregoing, Mutare shall be entitled to take any necessary legal action at any time, including without limitation seeking immediate injunctive relief or other equitable relief from a court of competent jurisdiction, in order to protect Mutare’s and it’s supplier’s, partner’s, or licensor’s intellectual property and confidential or proprietary information (including but not limited to trade secrets), and no bond or security of any kind will be required with respect to any such injunction or order.

7. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE TOU OR THE WEBSITE MUST BE COMMENCED WITHIN TWO (2) YEARS AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Registration and Access to Password(s) Protected/Secure Areas.
Prior to gaining access to certain services on the Website, Mutare may require You to provide certain registration details or other information, including but not limited to email addresses, and set up a user name and Password(s) (“Password(s)”) as set forth in the account registration procedures posted on the Website. It is a condition of Your use of the Website that all the information You provide will be correct, current and complete and that You promptly update Your registration information as needed. Any user names and Password(s) used for the Website are for individual use only. You may not use another user’s or customer’s account. You agree to comply with the procedures specified by Mutare from time to time regarding obtaining and updating Password(s) for the Website. You agree to assume sole responsibility for all activities that occur under Your account and for the security of Password(s) issued to You. Password(s) are subject to cancellation or suspension by Mutare at any time, including upon the misuse of the account or breach of the TOU. You agree to ensure that You will use Your best efforts to prevent any third party from obtaining Your Password(s), and You shall inform Mutare immediately in writing of any actual or potential unauthorized use of, breach or access to a user name, Password(s), account or to the Website.

Access to and use of Password(s) protected and/or secure areas of the Website is restricted to authorized users only. You are prohibited from taking any action to circumvent or attempt to circumvent the security and access control measures of the Website. Such prohibited conduct includes, without limitation, any efforts to: (a) log in to an account with a Password(s) not assigned to You; (b) access personal data not intended for You; (c) test the security measures on the Website and/or attempt to identify system vulnerabilities; (d) impersonate any other user of the Website or forge any of the header information in any posting or tamper with the TCP/IP packet header; (e) modify, reverse engineer, disassemble, decompile or otherwise attempt or allow others to attempt to discover the underlying computer code for the Website; or (f) overwhelm or disable the Website or interfere with the access and use of the Website by any other user. If You become involved in any violation of system or Website security, Mutare reserves the right to release Your details to system administrators or third parties at other sites in order to assist them in resolving security incidents.

Unauthorized individuals attempting to access Password(s) protected and/or secure areas of the Website may be subject to prosecution. Mutare reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Mutare to disclose the identity of anyone attempting to access or accessing without authorization Password(s) protected and/or secure areas of the Website, posting any Third Party Content or other messages or content, or publishing or otherwise making available any materials that are believed to violate the TOU. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS MUTARE FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER MUTARE OR LAW ENFORCEMENT AUTHORITIES.

Data Privacy and Security.
You agree that You shall comply in all respects with all applicable data protection laws and regulations (or any legislation or regulations amending or replacing the same) (together, the “Data Protection Laws”).

You shall in connection with the TOU (i) not do or permit anything to be done through an act or omission which might cause Mutare liability under Data Protection Laws; and (ii) enter into such agreements as Mutare shall reasonably require in relation to the cross border migration of personal data.

WHEN YOU SUBMIT PERSONAL DATA TO MUTARE ON THE WEBSITE OR WHEN REGISTERING FOR THE WEBSITE, MUTARE MAY TRANSFER AND/OR RETAIN THE PERSONAL DATA YOU SUBMITTED TO A COUNTRY OUTSIDE THE COUNTRY IN WHICH YOU ARE LOCATED OR FROM WHERE SUCH PERSONAL DATA WAS COLLECTED, WHICH MAY NOT HAVE THE SAME OR EQUIVALENT DATA PRIVACY PROTECTIONS. IF YOU DO NOT APPROVE OF SUCH TRANSFER AND/OR RETENTION, DO NOT SUBMIT PERSONAL DATA TO MUTARE.

Please click on the “Privacy Statement” link at the bottom of each Website page for disclosures relating to the collection, use and sharing of Your personal information.

8. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data. MUTARE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

Mutare Support Tools. Mutare Support Tools (MTS) are made available on a revocable, limited license basis by Mutare to customers purchasing certain of Mutare‘s support offers. You are advised that the MTS may contain diagnostic capabilities that allow Mutare, authorized Mutare partners, and authorized customer administrators to capture packets, run diagnostics, capture key strokes and information from endpoints including contact lists, and remotely control and monitor end-user devices. You are responsible for enabling these diagnostic capabilities, for ensuring Your users are aware of activities or potential activities and for compliance with any legal requirements with respect to use of the Tools and diagnostic capabilities on its network, including, without limitation, compliance with laws regarding notifications regarding capture of personal data, call recording and wiretapping.
Software License Terms. Except for Third Party Material(s) (which is covered by Section 5), any software You download from the Website (including Tools) shall be licensed pursuant to the (1) original agreement under which the applicable software was licensed to You by Mutare, (2) terms and conditions made available to You when You download or install the software, or (3) if no such license exists, then the applicable Mutare End User License agreement. Mutare in its sole discretion may from time to time post a successor version of the applicable Mutare End User License, which will then automatically replace the previously applicable Mutare End User License with respect to licenses granted as from the date of posting.
Disclaimers.

9. MUTARE ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF INFORMATION ON THE WEBSITE. MUTARE MAY CHANGE THE INFORMATION ON THE WEBSITE, OR THE PRODUCTS OR SERVICES MENTIONED, AT ANY TIME WITHOUT NOTICE. THE WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS”.

10. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER MUTARE NOR ANY PERSON ASSOCIATED WITH MUTARE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER MUTARE NOR ANYONE ASSOCIATED WITH MUTARE REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PERMITTED BY LAW, MUTARE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MUTARE OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY.  The information presented on or through the Website is made available solely for general information purposes. Mutare does not warrant the accuracy, completeness or usefulness of this information. Any reliance You place on such information is strictly at Your own risk. Mutare disclaims all liability and responsibility arising from any reliance placed on such materials by You or any other visitor to the Website, or by anyone who may be informed of any of its contents.  Any third party content uploaded, transmitted, expressed, posted or submitted to the website is solely the opinion and responsibility of the person or entity submitting the third party content and does not necessarily reflect the opinions of Mutare. Mutare, its suppliers, and licensors will not be liable in any way for such third party content and Mutare cannot guarantee the identity of any other users with whom You may interact in the course of using the website or the authenticity of the data or information provided by other users.

Indemnification. You agree to defend, indemnify and hold harmless Mutare and its affiliates, representatives, partners, licensors, suppliers, agents, directors and employees from and against any and all liabilities, claims, losses, damages, costs and expenses, including attorneys’ fees, whether direct or consequential (including without limitation any economic loss or other loss of profits, business or goodwill), that arise out of or in connection with (a) Your use in any way of the Website; (b) any transaction related to the acquisition or downloading of Third Party Content; or (c) Your breach or alleged breach of the TOU, including, but not limited to, of any breach of Section 12.2 or infringement or violation of any intellectual property or other right of any person or entity in connection with your use of the Website.  Mutare reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and, in such case, You shall agree to cooperate with Mutare’s defense of such claim.

Agreement in English. The parties confirm that it is their wish that the TOU, as well as all other documents relating hereto, including all notices, have been and shall be drawn up in the English language only.

Entire Agreement. The TOU (together with the Privacy Policy, as each may be amended from time to time) together constitute the entire and exclusive agreement between the parties with respect to the Website and its use and supersede all prior agreements, proposals, communications between the parties and understandings, whether written or oral with respect to the Website and its use.  To the extent Mutare Websites contain additional or different terms of use, those provisions supplement these TOU except to the extent of any conflict in which case the additional or different terms of those Websites will control.

© 2019 Mutare, Inc. All Rights Reserved. All trademarks identified by ®, TM, or SM are registered marks, trademarks, and service marks, respectively, of Mutare, Inc. All other trademarks are the property of their respective owners. Mutare and other parties may also have trademark rights in other terms used herein.