myRepono Terms of Service
THIS DOCUMENT FORMS A CONTRACT (THE "CONTRACT") BETWEEN YOU (HEREINAFTER REFERRED TO EITHER AS "YOU" OR THE "USER" OR THE "CUSTOMER") AND NullApps LLC (T/A myRepono OR myRepono.com) (HEREINAFTER REFERRED TO AS myRepono). BY USING THE MYREPONO.COM WEB SITE OR MYREPONO ONLINE BACKUP PRODUCT OR SERVICE, AS DEFINED BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS CONTRACT AND YOU AGREE TO BE BOUND BY IT.
This agreement constitutes the complete and exclusive statement of the agreement between you and myRepono with respect to the services and associated software and SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, oral or written, and any other communications relating to the subject matter of this agreement. Now, therefore, in consideration of the mutual covenants set forth herein, myRepono and Customer agree as follows:
1.2. By accepting or using the Product, you acknowledge that you do not own it. Under the terms of this Contract, in consideration of the fees you pay to myRepono, you may use the Product only in conjunction with the Service.
1.3.You will not use the Services for information, data or material that (a) infringes on the intellectual property rights of any third party or any rights of publicity or privacy; (b) violates any law, statute, ordinance or regulation (including but not limited to the laws and regulations governing, unfair competition, anti-discrimination or false advertising); (c) is defamatory, trade libelous, unlawfully threatening, or unlawfully harassing; (d) is obscene, pornographic or indecent in violation of applicable law; (e) contains any virus or other programming routine intended to damage any system or data; or (f) is provided in breach of any prior contractual commitment to any third party.
2.2. Notwithstanding the foregoing, if any failure of the Product or Service has resulted from abuse, misapplication, or unauthorized use, the limited warranty provided by this Contract is and shall be void.
2.3. Under no circumstances will myRepono be liable for data that was never sent by you, using the Product, to the backup data center.
2.4. To the maximum extent permitted by applicable law you acknowledge that myRepono's obligations and liabilities with respect of the Product are as defined in this Contract. You agree that the express obligations and warranties made by myRepono in this Agreement are in lieu of and to the exclusion of any warranty, condition, term, undertaking or representation of any kind, express or implied, statutory or otherwise relating to anything supplied or services provided under or in connection with this Contract including (without limitation) as to the condition, quality, performance, or fitness for the purpose of the Product or any part of it.
2.5. You are responsible for the consequences of any use of the Product. myRepono will not be liable for any indirect or consequential loss, damage, cost or expense of any kind whatsoever and however caused, whether arising under contract, tort (including negligence) or otherwise, including (without limitation) loss of production, loss of or corruption to data, loss of profits or of contracts, loss of operation time and loss of goodwill or anticipated savings, even if myRepono has been advised of their possibility.
2.6. myRepono accepts liability to the extent it results from the negligence of myRepono and its employees. Your exclusive remedy shall be the return of fees paid for use of the Product or Service during the period for which the Product or Service failed to perform as promised as a result of myRepono's negligence. myRepono reserve the right to determine the value of the refund based on the exact cause of failure.
2.7. In all other cases not falling within clause 2.5 or 2.6 myRepono's total liability (whether in contract, tort, including negligence, or otherwise) under or in connection with this Contract or based on any claim for indemnity or contribution will not exceed the fees paid for use of the Product or Service during the period for which the Product or Service did not perform as required. myRepono reserve the right to determine the value of the refund based on the exact cause of failure.
2.8. You agree that, except as expressly provided in this agreement, you shall indemnify and hold myRepono, it's affiliate companies, and it's shareholders harmless against all third party claims, demands, suits, actions, judgments, losses, costs, damages (direct, indirect and consequential), attorney's fees and expenses that you may sustain or incur by reason of any breach or alleged breach of any term or condition of this Agreement (including reasonable attorney's fees) and for any act or omission of Customer or its clients which are in any way related to the myRepono Service. myRepono will not incur any liability of any kind whatsoever and however caused arising directly or indirectly in connection with this Contract except in so far as myRepono is liable as expressly provided in this Agreement (2.6).
3.2. The license provided by this Contract expires when you remove your account indicating you wish to cancel the Service, or (ii) if you have failed to pay service charges due, within 15 days of their due date. If you have a fixed length contract you will still be liable for any and all charges due until the end of your agreed contract period.
3.4. Following termination of your license for whatever reason:
3.4.2. Any use of any copies of the software will be unlawful; and myRepono shall have the right to delete your stored Data without liability for loss or damage.
3.4.3. myRepono will remove and destroy all of your data backed up during the use of the service immediately after the termination date of this agreement.
6.2. BY REGISTERING FOR THE myRepono SERVICE AND MAINTAINING AN ACCOUNT, I, THE CUSTOMER OR USER, ACKNOWLEDGE THAT I HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.