Terms & Conditions
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Terms and Conditions in External site
Webroot Luminaries Terms and Conditions of Use
These Terms and Conditions ("Terms") are an agreement between Webroot Inc. ("Webroot") and you and apply to the Webroot Luminaries Program (the "Program") described in these Terms. By enrolling in or using the Program, you agree to be bound by these Terms, including any modifications and/or updates made by Webroot from time to time and posted on any applicable web site, as they relate to the Program. If you do not agree to these Terms, do not enroll in or use the Program. By clicking "I accept" or by enrolling on the Program, you agree to be bound by these Terms, any applicable additional terms, policies and any other terms and guidelines found throughout the Program.
- PARTICIPATION IN THE PROGRAM.
By accepting these Terms, you acknowledge and agree that you have confirmed that your participation in the Program does not violate your employer’s policies (including, without limitation, any of your employer’s ethics or employee conduct policies). You are not eligible to participate in the Program if you are employed by, or are associated with any one of the following:
• government agencies;
• public officials;
• public international organizations (i.e. The World Bank, The United Nations);
• government-controlled companies;
• royal families; or
• political parties and candidates.
- WEBROOT ADVOCACY PROGRAM.
The Program is an invitation only group that helps enable our clients to regularly engage with Webroot in a meaningful way and be recognized for their ongoing partnership and support of Webroot. As you progress through the Program and complete challenges you may earn points, which may be redeemed for various rewards through the Program (“Program Points”).
Program membership is limited to natural persons who are Webroot clients and their employees. Enrollment, membership, and all related benefits of the Program are offered at Webroot’s discretion. In accepting to join or to continue your Program membership, you acknowledge that Webroot assumes no legal responsibility to you. The invitation is intended for a specific individual in their current role at the current company, and is not transferrable. Prospective members can be nominated by current associates and members, but new members can only join the program via an invitation from the Program administrator. New members to the Program can only be invited by Program administrator(s), and Webroot and the Program administrators reserve the right to remove any member at their discretion. Members may request to be removed from the program at any time by contacting the Program administrator. Members must complete at least one challenge every six months to remain enrolled in the Program. Webroot specifically reserves the right to alter, withdraw or terminate any Program, benefit or reward with or without notice. Any such changes may also affect Program Points, which a member has already accumulated as well as any future accumulation of Program Points. Webroot assumes no liability to members whatsoever, including without limitation, liability as a result of changes to or termination of Program, or any other loss, injury or damage caused by any rewards supplied or requested in connection with Program Points and rewards will be awarded at Webroot’s sole discretion and point value and rewards are subject to change. Some rewards may be available in restricted numbers. Program Points have no monetary value whatsoever and will not under any circumstances form the basis of a monetary claim against Webroot. The accumulation of Program Points does not entitle members to any vested rights and, in accumulating Program Points, members may not rely upon the continued availability of any reward, award level, premium or other benefit. Program Points or rewards are personal, intended for a specific individual in their current role with their current employer, and cannot be transferred and any assignment or transfer in violation of these rules will be void and may, at the discretion of Webroot, result in the loss of membership or the cancellation of the affected reward or Program Points.
As a member of the Program you may choose to post to the internet. Webroot reserves the right to remove content at its sole discretion; however, Webroot is not responsible for any content posted by you or other members of the Program.
You may not post any materials or comments that fall into any of the following categories:
• Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, distribute, or disseminate any defamatory, infringing, obscene, indecent, misleading or unlawful material or information.
• Upload or attach files that contain software or other materials protected by intellectual property laws (or by rights of privacy publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload or attach files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
• Falsify the origin or source of software or other material contained in a file that is uploaded.
- SPIFFS AND SALES RELATED INCENTIVES. From time to time, Webroot may offer sales incentives or other promotions to sales representatives of distributors, resellers, or other third-parties to reward the sale of Webroot’s products, and these incentives may offer Program Points as rewards for such sales. When Webroot offers such sales incentives, you will be notified if you are eligible in a separate communication from Webroot or from your employer. You acknowledge that you may not participate in any such sales incentives or promotions without your employer’s express consent. Additional terms and conditions may apply to any such sales incentives or promotions, and you must agree to any such terms and conditions in order to participate in the applicable sales incentive or promotion.
(a) You acknowledge that all rights, title and interest in or to any copyright, trademark, service mark, trade secret, and other proprietary right relating to the Program and the related logos, names, etc. are reserved. The Program, and related software and systems, is the licensed and/or owned property, and embodies the proprietary trade secret technology, of Webroot and/or its licensors and is protected by copyright laws and international copyright treaties, as well as other intellectual property laws. Webroot grants you a non-exclusive, non-transferable license to use the Program to access your account. Webroot may terminate or suspend your access to the Program (in whole or in part) at any time, with or without notice, if Webroot has reason to believe that you have violated these Terms or are otherwise using the Program in an inappropriate manner. The right to use the Program and access the services provided by the Program is granted only to enrollees of the Program for the sole purpose of utilizing the Program and this limited license terminates when either you or Webroot terminates the Program, your enrollment in the Program or these Terms. Webroot owns all content on the Program website or otherwise presented in the Program, including but not limited to content provided by members. For example, from time to time, you may be asked to provide information, via the challenges. If you choose to provide this information, or any other content, you grant Webroot all rights therein, including, but not limited to, the right to use in the advertising and promotion of Webroot products and services without further approval.
(b) You agree that you will not use Webroot’s name, or the name of any affiliate or subsidiary of Webroot, or any partner, or employee of Webroot, or any trade name, trademark, trade device, logo, service mark, domain name, symbol or any abbreviation, contraction, or simulation thereof owned by Webroot or its affiliates or subsidiaries (collectively, the " Webroot Marks") in violation of any applicable laws or any applicable agreement between you and Webroot Inc. or its affiliates or in a way that could disparage Webroot or its products or wrongfully imply an endorsement by Webroot or relationship with Webroot.
(c) These Terms and/or your participation in the Program do not grant to you any right or license in, or to, any copyrights in any materials and/or documentation of Webroot or to any rights of copyright in or to Webroot’s other services or web sites.
- TERMINATION. These Terms, as well as any modifications or updates, shall apply to your use of and participation in the Program for as long as you are enrolled in and use the Program and are using any of the Services ("Term"). Should you cease to be enrolled in the Program for whatever reason, or the Program or these Terms is terminated, all obligations under Paragraphs 1, 3, 4, 6, 8 and 9 of these Terms shall survive and shall continue in full force and effect, and all Program Points that you have accrued and not applied toward a reward prior to such cessation, will be relinquished.
- ACCOUNT SECURITY AND PASSWORDS. In order to access and use the Program you will be required to provide proper authentication including your User Name, Password and any other authentication required by Webroot ("Authentication") to access the Program. You are responsible for safeguarding the confidentiality of your account information (including your email address and Authentication selected by, or issued to, you) and agree to take any and all actions necessary to maintain the privacy of your Authentication for the Program. You are responsible for any use or misuse of your account or the Program resulting from any unauthorized third party and you agree to notify Webroot immediately of any known or suspected unauthorized access to or use of your account or Authentication.
- DISCLAIMER OF WARRANTIES/LIMITATION OF DAMAGES; INDEMNIFICATION. NEITHER WEBROOT NOR ITS LICENSORS OR VENDORS MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF THE PROGRAM OR ANY INFORMATION, CALCULATIONS, SOFTWARE OR OTHER MATERIALS OR RESULTS INCLUDED IN OR AVAILABLE THROUGH THE PROGRAM, FOR ANY PURPOSE. ALL OF THE FOREGOING ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WEBROOT AND ITS LICENSORS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THE PROGRAM OR ANY INFORMATION, CALCULATIONS, SOFTWARE OR OTHER MATERIALS OR RESULTS INCLUDED IN OR AVAILABLE THROUGH THE PROGRAM, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, PRIZE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WEBROOT WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSSES ARISING OUT OF OR OTHERWISE RELATED TO (1) YOUR USE OF THE PROGRAM OR THE PROGRAM WEBSITE, OR THE USE BY ANYONE TO WHOM YOU HAVE GIVEN ACCESS TO THE PROGRAM; (2) ERRORS, BUGS OR OTHER DEFECTS IN THE PROGRAM; (3) LOST INFORMATION; (4) ILLEGAL OR CRIMINAL ACTIVITIES; (5) MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO PROGRAM RECORDS, PROGRAMS OR SERVICES OR ANY THIRD PARTY ACTIONS; OR (6) YOUR ACTIONS WITH YOUR EMPLOYEES OR VENDORS, OR THE USE OF THEIR INFORMATION. FURTHER, WEBROOT SHALL NOT BE LIABLE, AND YOU AGREE THAT WEBROOT SHALL NOT BE LIABLE, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES INCLUDING LOST PROFITS OR DAMAGES FOR BUSINESS INTERRUPTION OR LOSS OF INFORMATION THAT YOU MAY INCUR OR EXPERIENCE IN CONNECTION WITH THESE TERMS OR THE PROGRAM, HOWEVER CAUSED AND UNDER WHATEVER THEORY OF LIABILITY, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You agree to indemnify, defend, and hold harmless Webroot from and against any and all claims, damages, costs, and expenses (including reasonable attorneys' fees) and pay the amount of any adverse final judgment (or settlement to which both parties consent) arising out of or related to any use by you of the Program, the Webroot Marks or any Webroot or third party web site.
- GENERAL. Except as otherwise expressly set forth herein, these Terms supersede any prior agreements or terms of service on the same subject matter and will govern your participation in the Program. These Terms may be modified by Webroot from time to time at any time and you are responsible for any updates posted on the Program web site or sent to you by Webroot. The failure of you or Webroot at any time to enforce any right or remedy available to it under these Terms with respect to any breach or failure by the other party shall not be construed to be a waiver of such right or remedy with respect to any other breach or failure by the other party. These Terms are governed by the laws of the State of Colorado without giving effect to its conflict of law provisions. You and Webroot agree that each is acting independently of the other that you are not joint venturers, and that neither is an agent of the other. All notices to Webroot, made under or in connection with these Terms, shall be in writing and shall be deemed to have been given three (3) days after mailed in any general or branch United States Post Office, enclosed in a registered or certified postpaid envelope, if to Webroot addressed to: Webroot Inc. Attention: Webroot Luminaries Program with a copy to Webroot Inc., Attention: General Counsel. All notices to you made under or in connection with these Terms shall be in writing and sent to the e-mail address given for participation in the Program. You and Webroot may change any notice address, with such change being effective upon receipt of a written notice of same. These Terms and your enrollment in the Program shall not be assigned by you without Webroot’s prior written consent and any attempted assignment without such consent shall be void. Nothing contained in these Terms is intended to create third party beneficiaries of or under these Terms.