Last updated on February 2, 2016
BackAgent (BA) Websites located at www.backagent.com, *.backagent.net, and
any related site maintained and operated by BackAgent (collectively, the “Website”).
By using the Website in any manner, you agree to all terms and conditions contained
the Website and do not apply to any other Website or any BA product or service,
nor change any other agreement between you and BA.
BA reserves the right, in its sole discretion, to modify or change these Terms of
Use at any time with or without prior notice to you. You should visit this page
your acceptance of those changes. If at any time you do not agree with these Terms
of Use, you must immediately stop using the Website.
BA is concerned about your privacy and has developed a policy to address privacy
of information collected on the Website. By using the Website, you are consenting
Notice Regarding Children
The Website is intended for adults only. BA does not intend for the Website to collect
information from anyone under the age of 13. Information published on the Website
is not intended for anyone under the age of 13.
Ownership and Use of Website Information
All information, materials, and other content located on the Website, except noted
third-party materials, are the property of BA or its affiliates, and are protected
under United States and international copyright laws and treaty provisions. You
may download, view, and print content from the Website solely for your personal
use. You must maintain and plainly display all copyright and other proprietary notices
in the same form and manner as on the original, and otherwise comply with these
Restrictions on Use
You agree that you will not use the Website or any content located on the Website
in any way not explicitly authorized in the preceding paragraph. If you want to
use the content of the Website in a manner that is not permitted by these Terms
of Use, you must receive BA’ prior written consent. To request such consent, please
contact us at 800-492-0062. Without limiting the foregoing, you agree that you will
not (a) use the Website or its contents in any way that could overburden, impair,
disable or damage any BA server; (b) obtain or attempt to obtain any content or
information that has not been intentionally made available on the Website; or (c)
use any automated means, such as scripts, screen-scrapers, or Website copying applications,
to capture, copy, or otherwise access the Website.
BA reserves the right to revoke your permission to use the Website at any time,
and your use shall be discontinued immediately upon such notice from BA.
Links to the Website
You may link to the Website subject to the following restrictions. You agree that
you will not (a) include links to any Website page other than the home page (e.g.,
www.backagent.com, *.backagent.net); (b) "frame" or impose editorial comment,
commercial material or any type of identification on or in proximity to content
displayed on the Website; (c) alter or modify the Website content, "cut and
paste" or otherwise reproduce the Website content on a Website that links to
the Website; (d) misrepresent your relationship with BA or the Website or imply
that BA or the Website has any connection with, or is endorsing or sponsoring, you
or your Website; or (e) present false, misleading or defamatory information about
BA or its services. You further agree that you will not link to the Website if content
on the linking site contains libelous, defamatory, obscene, pornographic, or patently
offensive material. You link to the Website at your own risk; BA is under no obligation
to maintain the Website, provide or update the Website content or otherwise support
your link to the Website. BA may revoke its authorization for you to link to the
Website at any time for any reason or no reason, and you agree to remove any and
all links to the Website upon notice by BA.
Links to Other Websites
The Website contains links to other Websites solely as a convenience to persons
who visit the Website. BA makes no representations about Websites linked from the
Website. The inclusion of any such link on the Website does not imply that BA endorses,
recommends or accepts any responsibility for such sites, their content, policies,
practices, products, services or companies. We encourage you to read the terms of
use and privacy policies of any Website that you visit, including those linked from
the Website, as their terms and policies may differ from ours.
The Website may reference or mention other parties, their products or services.
Any such reference or mention is not an endorsement, recommendation or sponsorship
of that party, its product or services, but is merely for informational purposes.
Other than information you submit for purposes of receiving information, products,
or services, BA does not want to receive confidential or proprietary information
from you through its Website or via email. Please note that, other than as set forth
THE WEBSITE, ITS CONTENTS, AND THE PRODUCTS AND SERVICES OFFERED THROUGH THE WEBSITE
ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY LAW,
BA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
DATA ACCURACY AND NON-INFRINGEMENT. BA DOES NOT WARRANT THAT THE FUNCTIONALITY OR
OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR FREE FROM ERROR, THAT ANY DEFECTS
IN THE WEBSITE WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE IT
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS.
Limitation of Liability
BA DISCLAIMS LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY
OR OTHERWISE, FOR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES) IN ANY WAY ARISING
FROM THE FUNCTIONALITY OR OPERATION (OR FAILURE TO FUNCTION OR OPERATE) OF THE WEBSITE,
EVEN IF BA IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BA may change the products and services mentioned on or available through the Website
at any time without notice. Additionally, all products and services referenced on
the Website are subject to availability and qualifications. Terms, conditions, and
exclusions not described on the Website may apply. The Website can be accessed from
countries around the world and may contain references to products, services and
programs that are not available in your country. These references do not imply that
BA intends to make such services or programs available in your country.
Driver & Mobile Use Disclaimer
This website is not intended to be used while driving or performing any other potentially
dangerous activity which requires your attention. Using this website while driving
or performing any other potentially dangerous activity which requires your attention
may be distracting and unsafe for you and other people on the road, and is prohibited
BACKAGENT is a trademark of BackAgent. Marks and trade names
not owned by BA and mentioned on the Website are the property of their respective
shall be governed by the laws of the State of Texas. You agree that any legal action
the Website or in any way related to the Website shall be brought exclusively in
a court of competent jurisdiction sitting Harris County in the State of Texas. Any
or BA must be commenced within six (6) months after the claim or cause of action
arises or such claim or cause of action shall be barred.
BA reserves the right to take all legal and technical steps available, including
pursuing civil remedies and criminal prosecution, for any violation of these Terms
is entitled does not amount to a waiver of BA’ rights. the remaining provisions,
and the remaining provisions shall remain in full force and effect.