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Terms of Service

BEFORE YOU USE THE SERVICE SUBJECT TO THESE TERMS OF SERVICE, PLEASE READ THIS DOCUMENT CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN BARKLY PROTECTS, INC. ("OUR", "US", "WE", THE "COMPANY" OR "BARKLY"), AND YOU ("YOU", "YOUR", "YOURSELF", OR “CUSTOMER”) WHICH GOVERNS YOUR USE OF OUR INTERNET-BASED END-POINT SECURITY SUBSCRIPTION SERVICE (THE “SERVICE”), INCLUDING OUR RAPIDVISOR AGENT THAT IS DOWNLOADED ON YOUR DEVICE (THE “AGENT”). YOUR USE OF THE SERVICE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. BY USING THE SERVICE IN ANY MANNER (AS APPLICABLE) (I) YOU OR THE ENTITY THAT YOU REPRESENT ("YOU", "YOUR", OR "CUSTOMER") AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY AND ARE A PARTY TO THESE TERMS OF SERVICE (TOGETHER WITH THE PRIVACY POLICY, ANY ADDITIONAL TERMS ON OR REFERENCED IN THE ONLINE FORM (“ORDER FORM”) YOU COMPLETED ON OUR WEB APPLICATION (THE “PORTAL”), AS WELL AS ANY TERMS CONTAINED IN OR REFERENCED IN THE PORTAL ITSELF (COLLECTIVELY, THE "AGREEMENT") TO THE EXCLUSION OF ALL OTHER TERMS, AND (II) YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO BIND CUSTOMER.

1. Barkly Service
2. Term and Termination

The term of this Agreement shall commence as of the date you first register for, access or use the Service, and shall continue for the period agreed by you in your Order, unless earlier terminated as set forth below (the “Term”). If you have a monthly subscription, you may terminate this Agreement at any time by notifying Barkly that you wish to terminate your account. If you have an annual subscription, you have committed to a year of Service and cannot cancel during the Term, but you may elect not to renew the Service by notifying us at least 30 days prior to the end of the Term. Barkly may terminate this Agreement at any time, for any reason or no reason (including, without limitation, for your breach of this Agreement or violation of applicable law). Upon any termination of this Agreement, any amounts owed to Barkly which accrued prior to such termination will become immediately due and payable. No refunds will be provided by Barkly if you or Barkly terminate the Agreement. Upon termination, we reserve the right to remotely remove the Agent from your device if we so choose.

3. Modifications to Agreement

Barkly reserves the right to amend or modify this Agreement at any time, but if we do, we will bring it to your attention by placing a notice in the Portal or by sending you an email. If you don’t agree with the amended or modified Agreement, you are free to reject it; but you will no longer be able to use the Service, and Barkly will not provide a refund. If you use the Services in any way after a change to this Agreement is effective, that means you agree to all of the changes.

4. Registration and Payment Terms
5. Service Use and Limitations
6. Third Party Products

The Service may provide you with access to, be integrated with, or contain links or references to, products, services (including those of Barkly’s payment service providers), data, information, sites or other materials which are provided or operated by third parties (collectively, "Third Party Products"). Third Party Products are not under Barkly’s control, and you acknowledge that Barkly is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such Third Party Products.

7. Proprietary Rights
8. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BARKLY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, SERVICE PROVIDERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IF YOU ARE USING A BETA, TRIAL OR EARLY ACCESS VERSION OF THE SERVICE, YOU DO SO AT YOUR OWN RISK.

BARKLY MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) THAT YOUR ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (III) THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED, OR (IV) THAT THE SERVICE OR ANY SERVER OR SYSTEM THROUGH WHICH YOU ACCESS THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO WARRANTIES REGARDING THE PREVENTION, DETECTION OR RESOLUTION OF SECURITY INCIDENTS, CYBERATTACKS, VIRUSES, INTRUSIONS, MALWARE, HACKING, SECURITY BREACHES, ETC.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL BARKLY OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, SERVICE PROVIDERS AND LICENSORS BE LIABLE TO YOU, CUSTOMER OR ANY OTHER PARTY ON ACCOUNT OF ANY CLAIM (WHETHER BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE) FOR (I) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, EVEN IF BARKLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY AMOUNTS IN EXCESS (IN THE AGGREGATE) OF THE FEES PAID (OR PAYABLE) BY YOU UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING ANY CLAIM (BUT WE WILL HAVE NO LIABILITY FOR ANY CLAIMS RELATED TO SERVICES PROVIDED ON A FREE TRIAL, EARLY RELEASE OR BETA BASIS). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10. Confidentiality

We may provide our confidential information to you, or you may be exposed to such information during the Term. Our confidential information, which we developed at great expense and with much time and effort, includes Barkly Property, the Service, the Agent, how we handle and advise regarding security incidents, and other information regarding our technology and business. You agree to keep all this information confidential and not share it with other parties.

11. Privacy

Our collection of information and data from you, if any, is subject to our Privacy Policy, which is incorporated herein and available at https://www.barkly.com/privacy-policy. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information and data.

12. Miscellaneous

Revised October 31, 2016