carbonite logo

Commonly searched topics:

backupcloud backupaccount sign in

Terms of Use

Appriver logo  Carbonite Logo  CloudAlly Logo  Webroot Logo  Zix Logo

INTRODUCTION

The Carbonite website, and any other website owned, operated, licensed or controlled by Carbonite (collectively, the Website") are copyrighted works belonging to and operated by Carbonite, Inc., its affiliates, licensors, and subsidiaries (collectively, "Carbonite"). By accessing the Website, you indicate your acknowledgment and acceptance of these terms of use ("the Terms of Use"). These Terms of Use and the Website are subject to change by Carbonite at any time in its sole discretion, and your continued use of the Website following modification constitutes your agreement to be bound by these Terms of Use. If you do not wish to be bound by these Terms of Use, you may not access or use the Website.

PRIVACY

For an explanation of what information Carbonite collects and how much information may be used and/or shared with others, please refer to our Privacy Policy.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

The Website is provided by Carbonite on an "as is" and "as available" basis. Carbonite may make changes or improvements to the Content and functionality of the Website at any time, without prior notice to you. Carbonite does not warrant that the Website or Content will be available at any particular time or location or that the Website is free of viruses or other harmful components. Carbonite makes no representations about the technical accuracy or functionality of the Website or that the Content is accurate, error-free or up-to-date. Carbonite makes no representations or warranties of any kind, express or implied, including, but not limited to, fitness for a particular purpose, title, or non-infringement of third party rights or intellectual property.

 

Carbonite makes no warranties that your use of the Content will not infringe on the rights of others and assumes no liability or responsibility for errors or omissions in such Content. You expressly agree that your use of this Website is at your sole risk. You, and not Carbonite, assume the entire cost of all necessary servicing, repair or correction in the event of any loss or damage arising out of your use of this Website or the Content. Additional terms and conditions applicable to Carbonite's services are available upon purchase of such services, or upon request.

 

In no event shall Carbonite be liable for any direct, indirect, incidental, special, punitive or consequential damages of any kind, including, without limitation, those resulting from loss of use, data, or profits, whether or not Carbonite has been advised of the possibility of damages, on any theory of liability, arising out of or in connection with access to, use or performance of the Website, failure of the Website to operate, or any Content or other information provided in connection with the Website. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Your acceptance of this limitation of liability is an essential term of this agreement and you acknowledge that Carbonite would not grant access to the Website without your agreement to this term. Some jurisdictions do not allow the limitation or exclusion of liability for consequential or incidental damages so the above limitation or exclusion may not apply to you.

INTERNATIONAL USE

Carbonite makes no representation that the Content on the Website is appropriate or available for use in locations outside the United States. Access to the Website from countries or territories where such access is illegal is prohibited. Those who choose to access this Website outside the United States do so on their own initiative and are responsible for compliance with local laws.

GOVERNING LAW

These Terms of Use shall be governed, construed, and enforced in accordance with the laws of the Commonwealth of Massachusetts without reference to conflicts of law principles. The parties agree that the exclusive jurisdiction of any actions arising out of, relating to, or in any way connected with, these Terms of Use, shall be in the state or federal courts, as applicable, located in the City of Boston or Suffolk County, Massachusetts. Any dispute, controversy, or claim arising out of or relating to these Terms, including, but not limited to, the arbitrability of the matter or the formation, interpretation, scope, applicability, termination, or breach thereof, shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures, or JAMS International Arbitration Rules, if the matter is deemed "international" within the meaning of that term as defined in the JAMS International Arbitration Rules. The arbitration shall be administered by JAMS, shall take place before a sole arbitrator, and shall be conducted in Boston, Massachusetts. If the JAMS International Arbitration Rules apply, the language to be used in the arbitral proceedings will be English. Judgment upon the arbitral award may be entered by any court having jurisdiction. This section shall apply to and require arbitration of all disputes, controversies, and claims, regardless of whether such disputes, controversies, or claims concern a single individual, entity, or other person, multiple individuals, entities, or other people, or classes of individuals, entities, or other people.

CUSTOMER SERVICE