Terms of Use

Terms of Use

Privacy Statement

Bomgar, ( Bomgar , we , us , our ) appreciates the value of information and respects your right to privacy. We also understand the inherent privacy risks involved in using the Internet. We feel strongly about our own privacy when we visit web sites, subscribe to services, or download software. We want to provide the same privacy for you here that we want for ourselves when we visit other sites. We have adopted this privacy policy ( Privacy Policy ) to explain what information may be collected through this web site ( Site ) and how such information may be used and/or shared with others. Please read this Privacy Policy carefully, because by using this Site you are acknowledging that you understand and agree to the terms of this Privacy Policy. We may from time to time modify this Privacy Policy, and the modified Privacy Policy will be effective upon posting. Please return to this page and check the Last updated date to make sure you understand and agree to the latest Privacy Policy. Your use of this Site constitutes your agreement to this Privacy Policy. Note that this Privacy Policy applies solely to information collected through this Site and not through any other sources. This Privacy Policy is subject to the Terms of Use posted on this Site.

Your California Privacy Rights The following only applies to California residents. We may from time to time share your personally identifiable information with our subsidiaries, affiliates, sponsors, partners, advertisers or other third parties for their direct marketing purposes. If you do not want us to share your personally identifiable information with such third parties for their direct marketing purposes, please let us know by email at webmaster@Bomgar.com or by mail at Bomgar, ,

, Attention: Webmaster. Your opt-out request will be processed within 30 days of the date on which we receive it. For more information on how your personally identifiable information is collected and used, please read the remainder of our Privacy Policy.

Children Under 13

This Site is not directed to children under 13. We do not knowingly collect personally identifiable information from anyone under 13 years of age, except for the limited circumstances described below. In the event a child under the age of 13 submits a question to us on this Site and identifies his or her age, we may use the child’s e-mail address for the sole purpose of responding to the child’s question on a one-time-only basis. However, we will not use the child’s e-mail address to re-contact the child and we will delete it from our records once we have responded. If we become aware that we have unknowingly collected personally identifiable information from a child under the age of 13, we will make reasonable efforts to delete such information from our records.

Your Information and How We Use It

This Site collects two types of information: (1) information that personally identifies you that you provide directly when you use various Bomgar services or participate in various Bomgar programs (such as your name and e-mail address); and (2) information that does not personally identify you that may be gathered by means such as analyzing page views and user navigation patterns (such as the number of users who log onto this Site on a daily basis).

Personally Identifiable Information

As a general policy, no personally identifiable information is automatically collected from your visit to this Site. However, in certain circumstances, you may be asked to provide us with some specific information about yourself in order to use certain features on this Site or to take advantage of certain opportunities that we may offer through this Site. For example:

Registration:

You do not need to register in order to access this Site. However, if you wish to use certain features of this Site or participate in certain programs offered through this Site, you may need to register. In order to register, you will be asked to create a user name and password, as well as provide certain personally identifiable information, such as your name, address, e-mail address and telephone number. In addition, there may be additional registration requirements in connection with a particular feature or program. We will use your e-mail address to provide you with the products and services that are offered in connection with the applicable features and/or programs for which you have registered, and, if requested, to provide customer service and technical support. We may also send you e-mails relating to technical issues in order to resolve a prior issue or to proactively notify you of technical or other issues that may affect you and/or your use of this Site. If you wish to update your account information, log into your account. If you forget your password, you can reset it via the registered user sign-in page. If you wish to cancel your registration, please let us know by e-mail at webmaster@Bomgar.com.

Purchase and Return:

If you purchase and/or return any products through this Site, you will be asked to provide your name, address, e-mail address, telephone number, credit/debit card information and billing information, as applicable. This information will be used to process your purchase order or return. We will also use your e-mail address to provide you with information and notices regarding your purchase or return.

Warranty and Product Registration:

If you purchase any products through this Site or through other means, you will have the option to register your product and/or product warranty through this Site by completing and submitting an online registration form. In order to complete the form and register your product or warranty, you will be asked to create a user name and password, as well as provide certain personally identifiable information, such as your name, e-mail address and telephone number. We will use your e-mail address to send you information about product updates and additional compatible products or services that are offered, and, if requested, to provide customer service. In addition, we may use your personally identifiable information to provide you with information about your purchasing history.

Data Access and Storage:

If you purchase a product or service that permits Internet access to selected files stored online or on your storage device, on this Site or otherwise, you may be asked to open an online account in order to take advantage of our services (Web Account). To open a Web Account, you will be asked to provide your e-mail address and to create a password. You also may be asked to agree to certain other terms and conditions related to the service. If you wish to update your Web Account information, log into your account. If you forget your password, you can reset it via the member sign-in page depending on the specific service you signed up for.

Promotions, Sweepstakes, and Contests:

This Site may, from time to time, offer special promotions, sweepstakes and/or contests. If you choose to participate, you will be required to provide your name, address, e-mail address, and/or date of birth, as well as other information about you that is relevant to the specific promotion, sweepstakes or contest. Such information will be used to select the winners, to notify you if you win one of the sweepstakes and/or contests, and otherwise in connection with the administration of the promotion, sweepstakes or contest. We also reserve the right to share this information with any of the promotion, sweepstakes or contest sponsors or partners and use the information for any other purpose disclosed to you in the applicable terms and conditions or rules. If you do not wish us to share this information with these third parties, you may choose not to participate or you may direct us not to share your personally identifiable information with third parties as described, by sending us an e-mail at webmaster@Bomgar.com.

Newsletters and Information about Products, Services, Programs and Promotions:

If you wish to receive our online newsletter and/or information about our products, services, programs and promotions, you will be asked to provide your e-mail address.

Please note that any information you submit on this Site will be used (i) to authenticate your identity for access to our services and accessing shared files (if applicable), (ii) to carry out your requests and respond to your inquiries, (iii) in accordance with the terms set forth herein, and (iv) as otherwise disclosed at the point where such information is collected or in any additional terms and conditions applicable to the particular feature of this Site. Please also note that in order to carry out your requests, to make various features, services and materials available to you through this Site, and to respond to your inquiries, we may share your personally identifiable information with third parties that perform functions on our behalf, such as companies or individuals that analyze data, provide customer service, participate in or administer our promotions or provide marketing or promotional assistance (but such information will be shared only to the extent they need such information to perform their functions on our behalf). Your personally identifiable information may also be used by us or shared with our subsidiaries, affiliates, sponsors, partners, advertisers or other third parties to provide you with product information and promotional and other offers. You may always direct us not to share your personally identifiable information with third parties, not to use your personally identifiable information to provide you with any such information or offers, or not to send you newsletters by sending us an e-mail at webmaster@Bomgar.com. Except as provided herein, your personally identifiable information will not be provided to any third parties without prior approval from you.

Non-Personally Identifiable Information

From time to time we may collect general, non-personally identifiable, statistical information about the use of this Site, such as how many visitors visit a specific page on this Site, how long they stay on that page, and which hyperlinks, if any, they click on. We collect this information through the use of technologies such as cookies and IP addresses, which are discussed in greater detail below. We collect this information in order to determine which areas of this Site are most popular and to enhance this Site for visitors. From time to time we may also collect general, non-personally identifiable, statistical information about information and data stored and shared through the personal servers and the services we provide to support personal servers (Web Service). We may also group this information into aggregate data in order to describe the use of this Site to our existing or potential business partners, sponsors, advertisers or other third parties, or in response to a government request. However, please be assured that this aggregate data will in no way personally identify you or any other visitors to this Site.

IP Addresses

An IP address is a unique number assigned to your computer when it accesses the Internet or another computer network. Web servers and network devices automatically identify your computer by its IP address. We collect IP addresses for purposes of system administration, to report aggregate information to our advertisers, to infer a visitor’s geographic location, and to track the use of this Site. When visitors request pages from this Site, our servers log the visitors’IP addresses. It is not our practice to link IP addresses to anything personally identifiable, which means that a visitor’s session will be logged, but the visitor remains anonymous to us. However, we reserve the right to use IP addresses to identify a visitor only when we feel it is necessary to enforce compliance with this Site’s policies or to protect our services, members, this Site, or others.

Cookies

Cookies are pieces of information that a web site transfers to a device accessing the Internet. Cookies make web-surfing easier for you by saving your preferences while you’re at this Site. Most web sites use cookies. By showing how and when visitors use this Site, cookies help us see which areas are popular and which are not. Information such as the total number of visitors and pages viewed is most easily tracked with cookies. We may use the information from cookies to make improvements and updates to this Site and to tailor our services to our visitors’ needs. You always have the option of disabling cookies using your browser preferences. By continuing to use this website without disabling cookies, your are giving consent to cookies being used. Most browsers are initially set up to accept cookies. You can reset your browser to refuse all cookies or indicate when a cookie is being sent. If you want to know how to do this please look at the help menu on your browser. However, please be aware that some features of this Site may not function properly or may be slower if you refuse cookies. You may occasionally get cookies from our advertisers or other third parties with links on this Site. We do not control these cookies. The use of advertising cookies sent by third-party servers is standard in the Internet industry. We reserve the right to disclose any personally identifiable or non-personally identifiable information if we are required to do so by law or if we reasonably believe that such action is necessary in order to: (a) fulfill a government request; (b) conform with the requirements of the law or to comply with legal process served on us; (c) to protect or defend our legal rights or property, this Site, or its users; or (d) in an emergency to protect the health and safety of this Site’s users or the general public. Surveys From time to time, we may conduct surveys on this Site. If you decide to participate, you may be asked to provide certain demographic information (such as your gender, date of birth and zip code). We may use the information that you submit, including your responses to the survey questionnaires, for the purpose(s) identified to you prior to your participation in the survey. In some cases, we may publish the results of the survey, but only as aggregate information. As we may be conducting certain surveys with our advertisers, sponsors or other third parties, we may also share the results of such surveys with such third parties, but in no event will the results personally identify you. Choice You can choose not to receive any newsletter, e-mail or other communication from us by (i) following the removal instructions in the communication that you receive, or (ii) e-mailing us at: webmaster@Bomgar.com. If you choose to e-mail us, please be sure to attach a copy of the unwanted communication. PLEASE READ CAREFULLY. These terms and conditions (Terms) govern your access to and use of this Web site (Site), which is owned and operated by Bomgar, (Bomgar, we, us, our). Please return to this Site and review these Terms from time to time, as they may be amended without notice. Any changes to these Terms will be effective immediately upon the posting of the revised Terms on this Site. Some products and services accessible through this Site are subject to additional terms and conditions. To the extent that any provision of those additional terms and conditions conflicts with these Terms, those additional terms and conditions shall prevail. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THIS SITE. YOUR USE OF THIS SITE INDICATES YOUR ACCEPTANCE OF THESE TERMS. GENERAL Bomgar does not warrant that the contents of this Site are error-free. Information on this Site may contain technical inaccuracies and/or typographical or other types of errors and may be changed or updated at any time without notice. Bomgar may also make improvements and/or changes in the products and/or programs described on this Site at any time without notice. Bomgar will use reasonable efforts to place accurate and up-to-date information on this Site but makes no warranty of its accuracy, completeness and/or timeliness. You acknowledge that your use of any information available through this Site is at your own risk. WARRANTY DISCLAIMER THIS SITE AND ALL CONTENT AND MATERIALS ON THIS SITE ARE PROVIDED AS IS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, Bomgar DISCLAIMS ALL WARRANTIES, EXPRESSED ORIMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. Bomgar DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE,VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THIS SITE OR THE CONTENT OR MATERIALS ON THIS SITE OR ANY WEB SITES LINKED TO THIS SITE, INCLUDING, WITHOUT LIMITATION, THAT (I) USE OF THIS SITE OR ANY CONTENT OR MATERIALS ON OR FROM THIS SITE (INCLUDING ANY SOFTWARE, PRODUCT OR SERVICE) WILL BE UNINTERRUPTED, (II) THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, (III) ANY ERRORS ON THIS SITE WILL BE CORRECTED, OR (IV) THE SERVERS ON WHICH THIS SITE, CONTENT AND MATERIALS ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Some jurisdictions do not allow a disclaimer of some or any implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties, to the extent prohibited. CODE OF CONTACT You agree that you will only use this Site (including features thereof and products or services offered thereon) for their intended purpose. You further agree not to: (i) use this Site, any content or other materials on this Site, or any products or services included on or available through this Site for any unlawful purpose; (ii) restrict or inhibit any other user from using and enjoying this Site, including by means of disrupting the normal flow of dialogue, causing a screen to scroll faster than other users of this Site are able to type, hacking or defacing any portion of this Site, introducing any virus, worm, Trojan Horse, Easter Egg, time bomb, spyware, or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or otherwise acting in a manner that negatively affects other users’ ability to engage in real time exchanges; (iii) impersonate any other person or entity, or misrepresent your affiliation with any other person or entity; or (iv) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, data mine, or in any way reproduce or circumvent the navigational structure or presentation of this Site or any content or other materials on this Site. Bomgar has the right to terminate your use of this Site, or any portion of this Site, with or without notice, in its sole discretion, for any reason or no reason at all, including, but not limited to, if Bomgar determines (in its sole discretion) that your use of or conduct on or related to this Site (i) violates these Terms or any additional terms and conditions, (ii) is harmful to Bomgar, its customers or vendors, another user or any other party, or (iii) violates applicable law. LIMITATION OF LIABILITY IN NO EVENT WILL Bomgar, OR ITS SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, SPONSORS OR ADVERTISERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR ANY USE OF THIS SITE, OR ON ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, LOST REVENUE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE. COPYRIGHT AND TRADEMARK All materials on this Site, including, without limitation, all copyrights, trademarks, artwork, images and other elements (collectively, the Content), are protected by copyrights and other intellectual property rights owned and controlled by us or by other parties that have licensed or otherwise provided their material to us. Except as stated in these Terms, none of the Content on this Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted, framed or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Bomgar or the copyright owner. You also may not, without Bomgar’s permission, mirror any Content contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. DOWNLOADING You may only download those materials from this Site that are expressly designated to be downloaded by users. Where a fee is required to download any materials, you may not download such materials without paying such fee. You agree not to use technical or other means to circumvent these Terms or any content protection technology used on this Site. Any unauthorized use, transmission, distribution, reproduction, reverse engineering, modification of any downloaded materials, or use thereof for an illegal purpose, is expressly prohibited. SUBMISSION OF INFORMATION OR MATERIALS You may be required to provide us with information about yourself in order to enjoy certain features of this Site. If you choose to provide us with such information, you agree: (i) to provide true, accurate, current and complete information about yourself (and your company, if applicable) as prompted by this Site, and (ii) to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, we have the right to terminate your account and refuse any and all current or future use of this Site. Bomgar does not accept unsolicited ideas for new products, packaging, marketing, advertising, research, business operations and the like. Should you ignore this policy and submit an idea to Bomgar, you agree that the idea becomes and remains the sole and exclusive property of Bomgar without further liability or compensation to you. Except for the details of your registration and product orders, you agree that any information or materials that you submit to Bomgar via this Site or any email links provided on this Site will not be considered confidential or proprietary. All such materials shall be deemed the property of Bomgar, and your submission of information shall constitute an assignment to Bomgar of all worldwide rights, titles, and interests in such information. Bomgar will not be liable for any use or disclosure of such information. Bomgar will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose, distribute, publicly perform and transmit such information to others without limitation or compensation. Bomgar will be free to use any ideas, concept, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products which incorporate or otherwise rely upon such information. PASSWORD AND USER NAME Access to some Content and other materials offered on this Site is password controlled and is accessible to registered users only. You certify that all information provided in the registration process is accurate and correct. If you are registering or making a purchase or conducting other transactions on behalf of your company, you represent and certify that you are an authorized representative of your company with the right to bind your company to these Terms (and any additional terms necessary for access to password-controlled content). You are solely responsible for maintaining the confidentiality of your account information, including, without limitation, your user name and password. You are solely responsible for any and all activities that occur under your user name and password. You agree to notify Bomgar immediately of any unauthorized use of your user name, password or account or any other breach of security. Bomgar will not be liable for any loss that you may incur as a result of someone else using your user name, password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Bomgar as a result of the misuse of your user name, password or account. LINKS TO THIRD PARTY SITES There are links on this Site that will permit you to travel to other, third-party sites over which Bomgar has no control. These links are provided for your convenience only and your use of them is at your own risk. Bomgar makes no representations whatsoever about the content of any of these other web sites, or about any of the links contained in the web sites that you may access through this Site. Bomgar does not endorse or accept any responsibility for the content, or use, of any such linked web sites. PRIVACY For an explanation of what information may be collected through this Site and how such information may be used and/or shared with others, please refer to our Privacy Policy. JURISDICTION AND GOVERNING LAW This Site is maintained, controlled, operated and administered by Bomgar from within the United States of America ( U.S.). Bomgar makes no representation that the Content or any other materials on this Site are appropriate for use at locations outside of the U.S. and access to this Site from countries where such Content or materials are illegal is prohibited. If you access this Site from a location outside of the U.S., you are responsible for compliance with all local laws. The use of this Site, the Content or any other materials on this Site, and these Terms are governed by the laws of the United States and the State of California, without regard to its conflict of laws provisions. Any legal proceeding arising out of the use of this Site, the Content or any other materials on this Site, or these Terms must be brought in San Francisco, California and must be brought within one year after the claim or cause of action arises or it is barred. By using this Site, you irrevocably submit to the jurisdiction of the State and Federal courts located in San Francisco, California. If for any reason a court of competent jurisdiction finds any provision of these Terms to be unenforceable, that provision will be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of these Terms will continue in full force and effect. INTERNATIONAL TRADE COMPLIANCE The goods licensed or sold through this Site, which may include technology and software, are subject to the customs and export control laws and regulations of the U.S. and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured or received. Further, under U.S. law, such goods may not be sold, leased or otherwise transferred to restricted countries, or used by a restricted end-user or an end-user engaged in activities related to weapons of mass destruction including, without limitation, activities related to designing, developing, producing or using nuclear weapons, materials, or facilities, missiles or supporting missile projects, or chemical or biological weapons. You acknowledge that it is your responsibility to comply with and abide by those laws and regulations, and that any customer or vendor that you request Bomgar to route product to directly has also been made aware of the associated export controls. CONFIDENTIAL INFORMATION. You may be given access to Bomgar confidential information through this site or links from this site. You may not disclose Bomgar confidential information to any third party without the written consent of Bomgar. You must protect Bomgar confidential information with at least the same degree of care that is accorded to your confidential information, but in no event less than reasonable care. Bomgar confidential information includes, but is not limited to, all non-public information regarding Bomgar, its intellectual property or its products, quantity and prices of products purchased, design and development data, engineering details, CAD drawings, sales and marketing plans, unannounced products, any information marked as confidential or proprietary or similarly marked, or any information that, if disclosed, might be competitively detrimental to Bomgar. You may enter into separate non-disclosure agreements with Bomgar governing specific disclosures. To the extent, the terms governing a specific disclosure are more restrictive than the terms in this paragraph, the more restrictive terms will control for the specific disclosure. CHOICE Bomgar may from time to time send you email. You acknowledge that such emails are sent with your consent and permission. You can choose not to receive any newsletter, e-mail or other communication from us by (i) following the removal instructions in the communication that you receive, or (ii) e-mailing us at: webmaster@Bomgar.com. If you choose to e-mail us, please be sure to attach a copy of the unwanted communication. ENTIRE AGREEMENT These Terms represent the entire agreement relating to the use of the Site. Bomgar’s failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. INDEMNITY By using this Site you agree to indemnify Bomgar, and its subsidiaries, partners, affiliates, agents, consultants, sponsors, advertisers and licensors, and their respective officers, directors, employees, shareholders, agents and representatives (collectively, the Released Parties), and hold the Released Parties harmless from any and all claims and expenses, including attorneys’fees, arising from your use of this Site or the Content or other materials on this Site, your breach of any term or condition contained in these Terms or any other agreement applicable to any specific functions or areas of this Site, or your submission of information or materials to Bomgar by any means or from any person’s use of any account or password you maintain with Bomgar or this Site, regardless of whether such use is authorized by you. By using this Site, or submitting any ideas and/or related materials to Bomgar, you are hereby agreeing to release the Released Parties from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to any products and services obtained or used through this Site or to any disputes regarding use of ideas and/or related materials submitted to Bomgar. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES IN RELEVANT PART: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.QUESTIONS OR COMMENTS If you have any questions or comments about these Terms, please contact us at webmaster@Bomgar.com.