Terms of Use

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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.

INTRODUCTION

Carbonite, the Carbonite logo, and all trademarks and service marks listed on the Website, are trademarks and service marks of Carbonite (collectively, the "Marks"). You are not granted any right to use Carbonite's Marks (including, without limitation, the layout of the Website), and all such items remain the exclusive property of Carbonite. All material on the Website, including but not limited to, text, graphics, logos, images and audio clips (the "Content") is the sole property of Carbonite and is protected by United States and international copyright laws. Subject to these Terms of Use, Carbonite grants you a non-exclusive, non-transferable, non-sublicensable, limited and revocable license to access and view the Content on the Website. The Content may not be copied, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of Carbonite, except that you may download, print, distribute and use pages from the Website for your own informational, non-commercial purposes, provided that any copies of documents or pages from the Website must not alter the original Content and must include the Carbonite copyright notice: &copy; 2015 Carbonite, Inc. All rights reserved. Modification or use of the Content except as expressly provided herein is a violation of Carbonite's intellectual property rights.

COPYRIGHT AND TRADEMARK

Carbonite may provide access to resources and links to other websites. When you access a non-Carbonite website, even one that may contain the Carbonite logo, you leave the Carbonite Website and understand that it is independent from Carbonite, and that Carbonite has not reviewed nor is it responsible for the content of any linked websites. Carbonite makes no representations whatsoever about such resources or other websites. The inclusion of any link to a website does not imply endorsement by Carbonite of the website or their entities, products, or services. All warranties, conditions or other terms express or implied as to any such linked website, including without limitation as to accuracy, ownership, validity or legality of any content of a linked website, are hereby excluded. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.

EXTERNAL LINKS

For an explanation of what information Carbonite collects and how much information may be used and/or shared with others, please refer to our&nbsp;<a id="privacy-link" title="Privacy Policy" href="https://www.opentext.com/about/privacy" target="_top">Privacy Policy</a>.

PRIVACY

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.
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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.
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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.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

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.

INTERNATIONAL USE

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.

GOVERNING LAW

Questions or comments regarding the Website may be submitted to&nbsp;<a id="customer-support-email" href="mailto:customersupport@carbonite.com">customersupport@carbonite.com</a>.

CUSTOMER SERVICE

Read the Carbonite Terms of Use, including copyright, use of trademark, and privacy.